®Planning appeal decision
Stables Located on South Side of Luckhurst , Downoak Farm, Main Road, Westfield East Sussex, TN35 4SL
Planning appeal 3306755 at Stables Located on South Side of Luckhurst , Downoak Farm, Main Road, Westfield East Sussex, TN35 4SL (Rother District Council) was allowed in part (a split decision) on 30 October 2023 by Inspector Douglas L, by written representations. The main issue, as the Inspector framed it: Appeal A ground (a): effect of removing the condition restricting use to private recreational purposes on living conditions of nearby residents and character and appearance of the area including the High Weald AONB.
described on the application form as: Laying of recycled crush surface and change of use from agriculture to a use for the storage and processing of timber. Summaries of
- Authority
- Rother District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- other · Other Major Developments
- Inspector
- Douglas L
- Postcode
- TN35 4SL
Main issues, as the Inspector framed them
- Appeal A ground (a): effect of removing the condition restricting use to private recreational purposes on living conditions of nearby residents and character and appearance of the area including the High Weald AONB
- Appeal B ground (b): whether the alleged breach of planning control has occurred
- Appeal B ground (c): whether the alleged breach of planning control constitutes a breach of planning control
- Appeal C: effect of timber storage and processing use on living conditions of nearby residents and character and appearance of the area including the High Weald AONB
What decided it
The proximity of the appeal sites to nearby dwellings (Old Barn, South Barn, Luckhurst) and the potential for unacceptable harm to living conditions through noise, disturbance and emissions from the proposed or breaching uses, which could not be adequately mitigated by conditions and would conflict with development plan policies protecting residential amenity.
What the Inspector cited
- Development plan policies
- Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011Policy OSS4 of the Council's Core Strategy (2014)Policy DEN7 of the Council's Development and Site Allocations Local Plan (2019)Policy EN1 of the Core StrategyPolicy RA3 of the Core StrategyPolicy DEN2 of the Development and Site Allocations Local PlanPolicy OSS1 of the Core StrategyPolicy OSS3 of the Core StrategyPolicy RA2 of the Core Strategy
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.
See how each was appliedThe decision letter
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With an account
What an account adds to this decision
More decisions in Rother District Council
The authority’s record since 2016 · every decision in 2023
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- Allowed21 August 20263352368The Barn, Woodmans Rest, Bluemans Lane, Westfield, TN33 0SE
- Dismissed17 August 20266009653150 Barnhorn Road, Bexhill on Sea, TN39 4QL
- Quashed On Legal Grounds13 July 20263351398Sowdens Gate Wood , Udimore Road , Udimore, East Sussex, TN31 6BG
- Notice varied and upheld13 July 20263350405Chestnut Wood, Udimore Road, Broad Oak, Rye, East Sussex, TN31 6EU
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.