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Dismissed27 August 20243340740

Oak Bank Farm, Farthing Lane, Ashburnham, Battle, East Sussex, TN33 9PB

Planning appeal 3340740 at Oak Bank Farm, Farthing Lane, Ashburnham, Battle, East Sussex, TN33 9PB (Rother District Council) was dismissed on 27 August 2024 by Inspector Conde L, following a hearing. The main issue, as the Inspector framed it: The effect of the appeal scheme on the landscape character and scenic beauty of the High Weald National Landscape.

demolition of existing lawful dwelling and construction of permanent agricultural workers dwelling

Authority
Rother District Council
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
agricultural · Minor Dwellings
Inspector
Conde L
Postcode
TN33 9PB

Main issues, as the Inspector framed them

  • The effect of the appeal scheme on the landscape character and scenic beauty of the High Weald National Landscape
  • Whether the functional need for an agricultural worker's dwelling at the site can be fulfilled by the existing residential property of Oakwood
  • The effect of the proposal on protected species, namely Great Crested Newts

What decided it

The Inspector found that the proposal caused harm to the landscape character and scenic beauty of the High Weald National Landscape and that the functional need had not been shown to be incapable of being met by the existing Oakwood dwelling, which together with unresolved ecological harm led to dismissal.

The acknowledged socio-economic benefits of securing the farm dwelling did not outweigh the harm to the landscape character and scenic beauty of the High Weald National Landscape, the unresolved potential for the need to be met by Oakwood, and the unresolved risk of harm to Great Crested Newts.

What the Inspector cited

Development plan policies
Policy EN1(i)Policy DEN1Policy DEN2Policy RA3(iii)Policy DEN4
National Planning Policy Framework
Paragraph 84
Judgments
Bernard Wheatcroft Ltd v SSE [JPL 1982 P37]; Holborn Studios Ltd v The Council of the London Borough of Hackney [2017] EWHC 2823 (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.

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The 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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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.