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Planning appeal decision

Dismissed21 January 20253345193

46 North Trade Road, Battle, East Sussex, TN33 0HS

the part-demolition of No 46 and subsequent erection of 4 pairs of 4-bed semi-detached dwelling-houses, construction of access drive and associated scheme of hard and soft landscaping

Authority
Rother District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Francis L

Main issues, as the Inspector framed them

  • the effect of the proposal on the character and appearance of the area with particular regard to whether the proposal would conserve and enhance the landscape, scenic and natural beauty of the High Weald National Landscape
  • whether the proposal would provide a suitable range of housing sizes
  • the effect of the proposal on biodiversity
  • the effect of the proposal on the living conditions of the occupiers of 44 and 46 North Trade Road, in respect of noise and disturbance

What decided it

The proposal would cause harm to the character and appearance of the High Weald National Landscape, a protected area identified in footnote 7 of Framework paragraph 11(d) as providing a strong reason for refusal that displaces the presumption in favour of sustainable development despite the housing land supply shortfall.

The moderate benefits of housing delivery and socio-economic benefits were outweighed by the significant harm to the National Landscape character and appearance, the failure to provide a suitable housing mix, and the unresolved biodiversity concerns, with the National Landscape designation providing a strong reason for refusal under the Framework.

Framework references: 189, 193, 11

Plan policies cited: Policy EN1(i) of the Rother Local Plan Core Strategy 2014, Policy DEN2 of the Development and Site Allocations Local Plan 2019, Policy EN3 of the Core Strategy, Policy OSS4 of the Core Strategy, Policy BA1 of the Core Strategy, Policy EN5 of the Core Strategy, Policy DEN4 of the DASA, Policy LHN1 of the Core Strategy, Policy HD3 of the Battle Civil Parish Neighbourhood Plan 2020-2028, Policy HD4 of the Battle Civil Parish Neighbourhood Plan 2020-2028, Policy HD5 of the Battle Civil Parish Neighbourhood Plan 2020-2028, Policy HD6 of the Battle Civil Parish Neighbourhood Plan 2020-2028, Policy DIM2 of the Core Strategy

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.