®Planning appeal decision
Amos Sunview Marsham Brook Lane, Pett Level, HASTINGS, TN35 4HF
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.
Framework references: 11, 168
Plan policies cited: Rother Local Plan Core Strategy Policy RA3, Rother Local Plan Core Strategy Policy EC6, Rother Local Plan Core Strategy Policy EN7, Rother Local Plan Core Strategy Policy OSS4, Development and Site Allocations Local Plan Policy DCO1, Development and Site Allocations Local Plan Policy DHG3
Judgments cited: 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)
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.