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Dismissed9 November 20233307538

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

Planning appeal 3307538 at New Pond Farm, High Street, Wallcrouch, TN5 7JN (Rother District Council) was dismissed on 9 November 2023 by Inspector Shearing C, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode
TN5 7JN

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.

What the Inspector cited

Development plan policies
Policy OSS4 (ii)(iii)Policy TR3

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 applied

The decision letter

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More decisions in Rother District Council

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

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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.