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Planning appeal decision

Dismissed7 February 20243320969

Dear Octopus Farm Lane, Camber, RYE, TN31 7QY

erection of a single dwellinghouse

Authority
Rother District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Holden S

Main issues, as the Inspector framed them

  • whether the site is suitable for a dwelling having regard to flood risk
  • the effect of the proposal on the nature conservation interests of the Dungeness, Romney Marsh and Rye Bay Special Protection Area (SPA), Site of Special Scientific Interest (SSSI) and Ramsar Site
  • whether the site is a suitable location for a residential development having regard to local and national planning policies for the delivery of housing

What decided it

The site's location in Flood Zone 3 and within designated nature conservation sites, combined with the failure to satisfy the Sequential Test and the adverse effect on protected habitat integrity, provides a clear reason to dismiss the appeal under footnote 7 to paragraph 11 of the Framework 2023, notwithstanding the significant housing land supply shortfall.

The social and economic benefits of providing a single dwelling were outweighed by the clear reasons to dismiss arising from flood risk and adverse effects on the integrity of the Dungeness, Romney Marsh and Rye Bay SPA, SSSI and Ramsar Sites, which engaged footnote 7 to paragraph 11 and disapplied the presumption in favour of sustainable development.

Framework references: 167, 168, 186, 11

Plan policies cited: Policy EN7, Policy EN6, Policy EN5, Policy DEN4, Policy OSS2, Policy DIM2, Policy RA2, Policy RA3

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.