New Pond Farm, High Street, Wallcrouch, TN5 7JN

demolition of existing Browsers Barn and replacement with building use for storage with retail trade counter, including parking and landscaping’ without complying with a condition attached to planning permission Ref RR/2016/704/P, dated 6 May 2016

Authority: Rother District Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: retail · Minor general industry/storage/warehousing
Inspector: Shearing C

Main issues, as the Inspector framed them

Whether an application under section 73 of the Town and Country Planning Act 1990 can be used to vary condition 8 to enable a change from B1, B8 and ancillary trade counter use to storage and retail use

What decided it

The proposal would require a variation to the operative part of the original planning permission (the description of development), which is beyond the powers available under section 73 of the Town and Country Planning Act 1990.

Plan policies cited: Policy OSS4 (ii)(iii), Policy TR3

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