Planning appeal decision
Dear Octopus Farm Lane, Camber, Rye, TN31 7QY
Planning appeal 3320969 at Dear Octopus Farm Lane, Camber, Rye, TN31 7QY (Rother District Council) was dismissed on 7 February 2024 by Inspector Holden S, by written representations. The main issue, as the Inspector framed it: whether the site is suitable for a dwelling having regard to flood risk.
erection of a single dwellinghouse
- Authority
- Rother District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Holden S
- Postcode
- TN31 7QY
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.
What the Inspector cited
- Development plan policies
- Policy EN7Policy EN6Policy EN5Policy DEN4Policy OSS2Policy DIM2Policy RA2Policy RA3
- National Planning Policy Framework
- Paragraph 167Paragraph 168Paragraph 186Paragraph 11
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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More decisions in Rother District Council
The authority’s record since 2016 · every decision in 2024
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- Dismissed14 October 20266007775Land Adjacent to Broadlawns, Whitebread Lane, Beckley, TN31 6TY
- Dismissed12 October 20266010105Upper Morgay Wood, Junction Road, Staplecross, TN32 5SH
- Dismissed22 September 20266008634Barn House, Warren Road, Fairlight, TN35 4AN
- Allowed21 September 20266009677Black Cottage, Henley Down, Catsfield, TN33 9BN
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.
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