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Planning appeal decision

Dismissed15 July 20253356877

36 North Trade Road, Pond Willow, Battle , TN33 0HU

demolition of existing garages and erection of 1no. single storey dwelling, associated car parking as well as soft and hard landscaping

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

Main issues, as the Inspector framed them

  • the effect of the proposed development on the character and appearance of the area, including whether the development would conserve and enhance the landscape and scenic beauty of the HWNL
  • whether future occupiers of the proposed development would likely experience acceptable living conditions in terms of privacy, noise and disturbance and external amenity space provision

What decided it

The unacceptable loss of privacy for future occupiers through overlooking from adjacent neighbours, combined with the localised but significant harm to character and appearance through incongruous design and siting, meant the adverse effects significantly and demonstrably outweighed the housing and sustainability benefits.

The moderate harm to character and appearance and significant harm to living conditions, with significant weight against the proposal due to high consistency with the Framework, outweighed the moderate weight of housing delivery benefits and small-scale sustainability gains, such that the presumption in favour of sustainable development did not apply.

Framework references: 8, 11, 14, 124, 125, 135, 139, 232

Plan policies cited: Policy OSS4, Policy BA1, Policy EN3, Policy HD4, Policy HD6, Policy DHG7

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.