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Allowed28 June 20243330389

Black Cat Barn, Badgers Barn, Kane Hythe Road, Battle, TN33 9QU

Planning appeal 3330389 at Black Cat Barn, Badgers Barn, Kane Hythe Road, Battle, TN33 9QU (Rother District Council) was allowed on 28 June 2024 by Inspector Pearce J, by written representations. The main issue, as the Inspector framed it: The effect of the development on the supply of tourist accommodation in the District and whether any loss is acceptable having regard to the development plan and other material considerations.

Change of use of existing holiday let into 1 no. bedroom dwelling

Authority
Rother District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Pearce J
Postcode
TN33 9QU

Main issues, as the Inspector framed them

  • The effect of the development on the supply of tourist accommodation in the District and whether any loss is acceptable having regard to the development plan and other material considerations

What decided it

The absence of a five-year housing land supply and the application of the tilted balance under NPPF paragraph 11(d), whereby the modest housing benefit outweighs the modest loss of tourist accommodation when assessed against the Framework as a whole.

The modest benefits of housing supply and associated social and economic benefits were weighed against the modest harm of losing a one-bedroom tourist property with limited economic contribution; the adverse impacts do not significantly and demonstrably outweigh the benefits, and the presumption in favour of sustainable development tips the balance in favour of permission.

What the Inspector cited

Development plan policies
Policy EC6 of the Rother Local Plan Core Strategy 2014Policy DC01 of the Development and Site Allocations Local Plan 2019Policy DEC3 of the Development and Site Allocations Local Plan 2019
National Planning Policy Framework
Paragraph 11Paragraph 182

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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The authority’s record since 2016 · every decision in 2024

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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.