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Dismissed7 August 20233301354

Land at Marley Lane, Battle, East Sussex, TN33 0RB

Planning appeal 3301354 at Land at Marley Lane, Battle, East Sussex, TN33 0RB (Rother District Council) was dismissed on 7 August 2023 by Inspector Hobbs J, by written representations. The main issue, as the Inspector framed it: the effect of the proposed development on the character and appearance of the area, including the effect on the High Weald Area of Outstanding Natural Beauty.

construction of single detached 2 storey chalet dwelling with associated access

Authority
Rother District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Hobbs J
Postcode
TN33 0RB

Main issues, as the Inspector framed them

  • the effect of the proposed development on the character and appearance of the area, including the effect on the High Weald Area of Outstanding Natural Beauty
  • the effect of the proposed development on the setting of designated heritage assets
  • whether the site is an appropriate location for the proposed development having regard to the development strategy and accessibility of services and facilities
  • the effect of the proposed development on protected species

What decided it

The less than substantial harm to the setting of the Grade II listed Battle Great Barn and the harmful effect on the High Weald AONB, which provide a clear reason for refusal under NPPF paragraph 11 footnote 7 notwithstanding the council's inability to demonstrate five years' housing land supply.

The moderate weight ascribed to housing delivery and limited weight to other public benefits (eco-minded design, electric vehicle charging, economic benefits) did not outweigh the less than substantial harm to the heritage asset setting and the great weight that must be given to conservation of heritage assets, nor did they overcome the clear reasons for refusal provided by AONB and heritage policies under the tilted balance.

What the Inspector cited

Development plan policies
Rother Local Plan Core Strategy Policy OSS2Rother Local Plan Core Strategy Policy OSS3Rother Local Plan Core Strategy Policy OSS4Rother Local Plan Core Strategy Policy BA1Rother Local Plan Core Strategy Policy RA2Rother Local Plan Core Strategy Policy RA3Rother Local Plan Core Strategy Policy EN1Rother Local Plan Core Strategy Policy EN2Rother Local Plan Core Strategy Policy EN5Rother Local Plan Core Strategy Policy SRM1Rother Local Plan Core Strategy Policy TR3Rother Local Plan Core Strategy Policy PC1Development and Site Allocations Local Plan Policy DEN1Development and Site Allocations Local Plan Policy DEN2Development and Site Allocations Local Plan Policy DEN4Battle Civil Parish Neighbourhood Plan Policy HD1Battle Civil Parish Neighbourhood Plan Policy HD2Battle Civil Parish Neighbourhood Plan Policy HD5Battle Civil Parish Neighbourhood Plan Policy HD7Battle Civil Parish Neighbourhood Plan Policy EN3Battle Civil Parish Neighbourhood Plan Policy EN4Battle Civil Parish Neighbourhood Plan Policy IN4
National Planning Policy Framework
Paragraph 8Paragraph 11Paragraph 110Paragraph 112Paragraph 176Paragraph 195Paragraph 197Paragraph 199
Judgments
Bernard Wheatcroft Ltd vs Secretary of State for the Environment [JPL, 1982, P37]

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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More decisions in Rother District Council

The authority’s record since 2016 · every decision in 2023

  1. Dismissed22 October 20266015532
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  2. Dismissed14 October 20266007775
    Land Adjacent to Broadlawns, Whitebread Lane, Beckley, TN31 6TY
  3. Dismissed12 October 20266010105
    Upper Morgay Wood, Junction Road, Staplecross, TN32 5SH
  4. Dismissed22 September 20266008634
    Barn House, Warren Road, Fairlight, TN35 4AN
  5. Allowed21 September 20266009677
    Black Cottage, Henley Down, Catsfield, TN33 9BN

The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.