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Planning appeal decision

Notice varied and upheld30 October 20233306755

Stables located on South Side of Luckhurst , Downoak Farm, Main Road, Westfield East Sussex, TN35 4SL

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

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.

Plan policies cited: Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011, Policy 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 Strategy, Policy RA3 of the Core Strategy, Policy DEN2 of the Development and Site Allocations Local Plan, Policy OSS1 of the Core Strategy, Policy OSS3 of the Core Strategy, Policy RA2 of the Core Strategy

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.