®Planning appeal decision
Amos Sunview Marsham Brook Lane, Pett Level, Hastings, TN35 4HF
Planning appeal 3321330 at Amos Sunview Marsham Brook Lane, Pett Level, Hastings, TN35 4HF (Rother District Council) was dismissed on 15 March 2024 by Inspector Wallace J, by written representations. The main issue, as the Inspector framed it: whether the conditions are reasonable and necessary having regard to the location of the site with respect to the development strategy, access to services and facilities, and reliance on the private car.
wooden lodge holiday home to replace existing static caravan without complying with conditions attached to planning permission Ref RR/2017/2197/P, dated 19 January 2018
- Authority
- Rother District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- leisure-sport · Other minor developments
- Inspector
- Wallace J
Main issues, as the Inspector framed them
- whether the conditions are reasonable and necessary having regard to the location of the site with respect to the development strategy, access to services and facilities, and reliance on the private car
- whether the lodge is at an unacceptable risk of flooding
- whether the lodge provides acceptable living conditions
What decided it
The site's location in Flood Zone 3a combined with the lodge's failure to meet space standards for permanent residential occupation, and the absence of policy support for unrestricted market housing in the countryside, meant the conditions were necessary and reasonable and their removal would conflict with the development plan.
Although the Council cannot demonstrate a five-year housing land supply, the flood risk harms and space standard deficiencies mean policies in the Framework provide a clear reason for refusal, displacing the presumption in favour of sustainable development; the balance does not favour the appeal.
What the Inspector cited
- Development plan policies
- Rother Local Plan Core Strategy Policy RA3Rother Local Plan Core Strategy Policy EC6Rother Local Plan Core Strategy Policy EN7Rother Local Plan Core Strategy Policy OSS4Development and Site Allocations Local Plan Policy DCO1Development and Site Allocations Local Plan Policy DHG3
- National Planning Policy Framework
- Paragraph 11Paragraph 168
- Judgments
- Finney v Welsh Ministers [2019] EWCA Civ 1868, [2020] PTSR 455; Freddie Reid v Secretary Of State For Levelling Up, Housing And Communities and Newark And Sherwood District Council [2022] EWHC 3116 (Admin)
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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With an account
What an account adds to this decision
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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.