®Planning appeal decision
LAND AT MARLEY LANE, BATTLE, EAST SUSSEX, TN33 0RB
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
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.
Framework references: 8, 11, 110, 112, 176, 195, 197, 199
Plan policies cited: Rother Local Plan Core Strategy Policy OSS2, Rother Local Plan Core Strategy Policy OSS3, Rother Local Plan Core Strategy Policy OSS4, Rother Local Plan Core Strategy Policy BA1, Rother Local Plan Core Strategy Policy RA2, Rother Local Plan Core Strategy Policy RA3, Rother Local Plan Core Strategy Policy EN1, Rother Local Plan Core Strategy Policy EN2, Rother Local Plan Core Strategy Policy EN5, Rother Local Plan Core Strategy Policy SRM1, Rother Local Plan Core Strategy Policy TR3, Rother Local Plan Core Strategy Policy PC1, Development and Site Allocations Local Plan Policy DEN1, Development and Site Allocations Local Plan Policy DEN2, Development and Site Allocations Local Plan Policy DEN4, Battle Civil Parish Neighbourhood Plan Policy HD1, Battle Civil Parish Neighbourhood Plan Policy HD2, Battle Civil Parish Neighbourhood Plan Policy HD5, Battle Civil Parish Neighbourhood Plan Policy HD7, Battle Civil Parish Neighbourhood Plan Policy EN3, Battle Civil Parish Neighbourhood Plan Policy EN4, Battle Civil Parish Neighbourhood Plan Policy IN4
Judgments cited: Bernard Wheatcroft Ltd vs Secretary of State for the Environment [JPL, 1982, P37]
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.