Rother District Councilagenda Item

Rother District CouncilAgenda Item:

Committee-Planning

Date-9 December 2004

Report of the-Director of Services

Subject-Appeals

Recommendation: It be RESOLVED that the report of the Director of Services be noted.

This report supports the Key Aim of Protecting and Enhancing the Built and Natural Environment.

(A)Appeals Allowed (Summary of decision)

RR/2003/1944/PErection of extension to existing bungalow to replace mobile home and erection of a single detached garage with provision of new vehicular access. Rosella, Marsham Brook, Chick Hill, Pett – Mr & Mrs Gallop

The main issue was the effect the extension and garage would have on the character and appearance of the area located within the AONB. It was considered that the proposed extension and garage would be in keeping in scale, size and appearance with their surroundings. Being single storey in height they were not considered intrusive on the landscape.

RR/2003/2604/PLoft conversion. Marchbanks, 14 Woodland Way, Fairlight – Mr M Gilbert & Miss S Delves

Appeal against the granting of permission subject to conditions. The condition in dispute was no 3 and related to obscure glazing in the windows at first floor level on the east elevation. Notwithstanding the difference in ground levels, and bearing in mind that the proposed windows at No 14 would not be the main windows of habitable rooms, the possible intervisibility between the existing and proposed windows would not be sufficient to cause any significant harm to the living conditions of the occupier of No15. It was found that condition 3 did not meet the test of necessity as set out in Circular 11/95.

RR/2003/3428/PErection of two stables and tackroom/store. Barn Field (OS7712), Etchingham/Ticehurst – R & J Stott

The main issue was the effect the proposal would have on the character and appearance of the area located within the AONB. It was considered that the proposed siting of the stables would be very discreet. Its position in the field corner and its containment by the landscape topography and existing landscape features in the form of field boundaries and woodland would effectively conceal the building from any legitimate public viewpoint. It was concluded that the proposal would have almost no impact on the character and appearance of the AONB.

RR/2003/3050/PTemporary stable block for 3 horses and two paddocks. Ivyhouse Nurseries – land at, Ivyhouse Lane, Guestling – Mr O’Hara

A stable with a tackroom/feed store has been erected on site. The building erected differs from the plans submitted with the planning application in that only a single stable had been built. Plans for the smaller structure were submitted with the appeal. As the building that had been erected was smaller than that applied for and as the siting was in accordance with the location plan it was considered that any interests would not be prejudiced by the consideration of the amended plans. The two paddocks were in use for horse grazing. The main issue was the effect of the development on the character and appearance of the area located within the AONB. It was concluded that the development was not harmful to the character and appearance of the area. Conditions were imposed.

(B)Appeals Dismissed (Summary of decision)

RR/2003/3057/PRetention of solar panels on roof. The Old Brew House, Brownbread Street, Ashburnham – Mrs Barbara Key

The main issue was whether the solar panels harmed the special architectural and historic interest of The Old Brew House, listed grade II. It wasconsidered that the solar panels were large elements that related poorly to the scale of the vernacular elements that formed the property. Further, when grouped in three and set on the relatively small areas of roof they dominated not only the roof but also the building as a whole to the extent that they adversely affected the appearance of the listed building.

RR/2003/2811/POutline: Provision of craft home units. Eight Acre Lane – land at, Three Oaks, Guestling – C Saunters

There were three main issues: firstly, whether the proposed development was acceptable in principle; secondly, the effect of the proposal on the character and appearance of Eight Acre Lane, located within the AONB; and thirdly, the effect of the development on highway safety. On the first issue it was concluded that the proposed development was not acceptable in principle. On the second issue it was considered that the proposal would erode the present rural character and appearance of Eight Acre Lane. On the third issue, it was considered that the level of movement arising from the proposed development as envisaged by the Highway Authority would result in a potentially increased harmful effect to highway safety.

ENF/ASH/2000/302 Creation of two lakes. Corner House Farm, Brownbread Street, Ashburnham – Mr R D Winfield. Enforcement notice appeal on grounds (a), (e), (f) and (g).

Since the notice was served a retrospective conditional planning permission for the formation of the two ponds had been granted. One of the conditions required the submission of details of certain remedial works and their implementation. These had been submitted but await approval by the Council who are in consultation with the Environment Agency. On ground (e) it may well have been that the first attempt to serve the notice failed but it was duly served on all relevant persons within the period prescribed. Even if the appellant was disadvantaged, he was still able to make an appeal. On ground (a) there was clearly no merit in granting a second planning permission. The appeal under ground (f) was phrased in a way that duplicated ground (a) and the necessary information to vary the terms to accord with the required remedial works with any precision was not available. Ground (g) seeks more time to secure removal of the ponds but that would not be necessary now that permission had been granted.

RR/2003/2808/POutline: Erection of one new dwelling and formation of new access. Butchers Lane – land at, Three Oaks, Guestling – Peter Bird

The main issue was the effect of the proposal on the form and setting of Three Oaks, located within the AONB. The appeal site was situated outside the development boundary. It was considered that the proposal would erode the sporadic pattern of development and rural character of the area and the AONB would be harmed.

RR/2004/54/POutline: Erection of detached dwelling and garage. 54 Collington Lane West – land at, Bexhill – Mrs L Harmer

The main issues were the effect of the proposal on the character of the area and on the residential amenities of neighbouring residents, particularly with regard to noise disturbance and loss of privacy. It was considered that the proposed development would not be out of character with the area and would not conflict with the relevant planning policies. Disturbance from the use of the proposed access, together with the effects of the proximity of the proposed dwelling to other properties, would it was concluded be likely to cause serious harm to the amenities and living conditions of neighbouring residents.

RR/2003/3093/PChange of use and conversion of barn to dwelling. Shovers Green House, Wadhurst, Ticehurst – J A Pickering Esq

The main issues were: Firstly, the impact of the proposal on the character, appearance and setting of Shovers Green House a grade II listed building; secondly, the effect on highway safety; and thirdly, whether residential use of the barn would be justified. Residential re-use would not, in itself, conflict with the aims of local and national policies, and acceptable access arrangements would be possible. The proposal would harm the character, appearance and setting of Shovers Green House. The alternative schemes submitted showing different window types and positions would have the advantage of creating a less regular domestic appearance. However, the alterations to the cart shed, the subdivision of the curtilage and the separate occupation of the barn would continue to have a harmful impact on the character and appearance and setting of the listed building.

RR/2003/1635/OLawful occupation of dwelling without complying with agricultural occupancy condition 4 of RR/80/656. Beech Oast Farm, Beech House Lane, Salehurst – Mr F K Airey

It was concluded that the Council’s refusal to grant a certificate of lawful use or development in respect of the occupation of a dwelling at Beech Oast Farm without complying with the agricultural occupancy condition was well founded.

RR/2003/2615/PErection of a shed, surfacing of access and parking, cultivation of trees for planting. Phoebes Wood, Forntridge Lane, Burwash – Sven Emberg

The main issues were the impact of the proposal on the rural character and appearance of the area located with the AONB and its impact on the flora and fauna of Phoebes Wood. The impact of the proposed shed, parking area and track would be limited, but it would conflict with the aim of conservation of the natural beauty of the landscape. In the absence of any over-riding justification for the proposed development it was considered that it would cause unacceptable harm to the rural character and appearance of the locality. Development Plan policies were clear in requiring that ancient woodland should be protected from damage. That applied whether or not the site had any statutory or local designation as of nature conservation importance. On the limited information available it was considered that the proposal would fail to meet that requirement and would have a harmful impact on the flora and fauna of Phoebes Wood.

RR/2003/2662/PErection of new dwelling with formation of new vehicular and pedestrian access. 12 Bowmans Drive – plot adjacent, Battle – Mr and Mrs Cudlipp

The main issues were: firstly, the effect of the TPO oak tree on the living conditions of future occupants of the proposed dwelling; and secondly, the effect of the proposal on the character and appearance of the host environment. It was considered that the oak would be likely to dominate the proposed dwelling and its otherwise usable garden, obstruct light and given its proximity could cause apprehension when moving in strong winds. Consequently, the oak tree would have a detrimental impact upon the living conditions of the future occupants of the proposed dwelling. This could give rise to pressure to fell the tree which it would be hard for the Council to resist. It was considered that the open garden of No 12 made a positive contribution to the character of the area since it helped to soften the appearance of the estate and provided an important gap between the dwellings. By contrast, the proposed dwelling would occupy most of the northern end of the peninsular of land. There would be little amenity space around the dwelling. The proposal would result in a cramped form of development that would be out of character with the streetscene. Furthermore, if the tree were to be removed it would have a significantly detrimental effect on the character and appearance of the host environment.

(C)Appeals Lodged

ENF/BUR/2004/155 Change of use of land to mixed use comprising B8 and B2 and change of use of land to mixed use comprising agriculture and storage. Bumpkin Shaw, Rock Lane, Guestling – Mr P Pearson

ENF/BUR/2004/455 Change of use of land to mixed use comprising agriculture, residential and B2 (forge and farriers business). Lower Bough Farm, Heathfield Road, Burwash Weald, Burwash – Mr & Mrs D Henry

RR/2004/760/POutline: Demolition of detached garage and erection of detached dwelling with garage. 46 Broadoak Lane –land at, Bexhill – Mr and Mrs Search

RR/2003/2694/PChange of use to residential and office from workshop and office. Crockers Farm Barn, Crockers Lane, Off Dixter Lane, Northiam – A J Curley & Sons

RR/2004/1830/PErection of walls and gates (retrospective application). The Musings, Darwell Hole, Netherfield, Brightling – Mr M Trevena

RR/2004/1276/POutline: Erection of 4 bedroom detached house with double garage. Hazel Court Cottages – land adjacent to, Stonestile Lane, Westfield – Hazel Court Residents

RR/2004/1608/LProposed extension and alterations to annexe. Starlock House, Military Road, Playden – Mr R Goodsell

RR/2004/1606/PErection of extension and alterations to the annexe. Starlock House, Military Road, Playden – Mr R Goodsell

RR/2004/2285/PResubmission of outline application for erection of detached dwelling with garage and formation of new vehicular access. Stonywood Cottage, Netherfield, Battle – Mr and Mrs E A Parkinson

RR/2004/902/LProposed repositioned advertising signs and temporary menu board. 2-3 High Street, Battle – V I Bannister and T N Abbasi

RR/2004/1691/PRemoval of agricultural occupancy condition 2 imposed on RR/75/0245 and RR/1995/1857/P. Greentiles Farm, Moores Lane, Beckley – Mr & Mrs M Whiteman

RR/2004/1809/PSide extension over garage and formation of room in roof, amended design to dormer on north roof slope. 19 Walton Park, Bexhill. Mr D and Mrs H Kremer

RR/2004/2146/PErection of a 3 bay garage block with studio flat over. Tipsy Oast, Browns Farm, Robertsbridge, Salehurst/Robertsbridge – Mr and Mrs G Bransby

RR/2004/2000/POutline: Erection of detached dwelling with provision of two parking spaces. 129 Barnhorn Road, Little Common, Bexhill – Mr and Mrs R Foster

RR/2004/415/PChange of use of redundant farm building to dwelling with private equestrian facilities. Saltbarn Farm, Saltbarn Lane, Playden – Miss N Winter

RR/2004/2087/PErection of new front garden wall. Durhamford, Stream Lane, Sedlescombe – Mr P Anson

RR/2004/2074/LErection of new front garden wall. Durhamford, Stream Lane, Sedlescombe – Mr P Anson

RR/2004/1283/PSubdivision of plot and retention of caravan including erection of fence. 4 Brookside, Victioria Way, Winchelsea Beach, Icklesham – Mr T Smith and Ms C Trew.

RR/2004/1913/PDemolition of existing buildings and erection of principle buildings with 14 apartments and underground car park, together with three town houses and eight open garages in two detached blocks with alteration to existing access. St Michael’s Presbytery - former site, Caldbec Hill, Battle – Oakley New Homes.

Anthony Leonard

Director of Services

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pl0412 - Appeals