DECISION: REFUSE (FULL PLANNING)

RESOLVED: That, subject to being satisfied evidentially, the Solicitor to the Council be authorised to ISSUE THE APPROPRIATE ENFORCEMENT NOTICE and take any other steps necessary including legal action under Sections 179 and 181 of the Town & Country Planning Act 1990.

REASONS FOR REFUSAL:

1.     The site is within the countryside outside any defined development boundary, as defined in saved Policy DS3 of the Rother District Local Plan (2006). The application has been assessed against the Council’s policies for Gypsy and Travellers (G&T); together with the Government’s Planning Policy for Traveller Sites (PPTS). The Council’s requirement (under Policy LHN5 of the Core Strategy) to identify a further six permanent pitches to be provided between 2016 and 2028 to meet the identified need has been satisfied by the sites allocated under Policies GYP1 and BEX3 of the Development and Site Allocations Plan (DaSA). The application site is not an allocated site and being outside areas allocated in the Development Plan, does not accord with paragraph 25 of the PPTS. Determining the application on its planning merits, the use of the site as a G&T site causes harm to the character and appearance of the rural area, and the proposal conflicts with Policies OSS4 (iii), RA2 (iii) (viii), RA3 (v), LHN6 (ii), and EN1 (i) of the Rother Local Plan Core Strategy, Policies DEN1 and DEN2 of the Rother DaSA, saved Policy DS3 of the Rother District Local Plan (2006) and paragraph 172 of the National Planning Policy Framework.

2.     The development represents a visual intrusion of caravans, vehicles and other external domestic paraphernalia in a rural, countryside setting which considerably harms the character and appearance of the High Weald Area of Outstanding Natural Beauty, contrary to Policies OSS4 (iii), BA1 (i), RA2 (viii), RA3 (v), EN1 (i) (v) and LHN6 (ii) of the Rother Local Plan Core Strategy, Policies DEN1 and DEN2 of the Rother District Council DaSA, paragraphs 170 and 172 of the National Planning Policy Framework and Policy H, paragraph 25 of the Planning Policy for Traveller Sites.

3.     The site lies within an unsustainable countryside location where occupiers of the development are highly reliant on private motor vehicles and are not able to make the fullest possible use of public transport, walking and cycling to access local services and facilities. The development is contrary to Policies PC1, OSS3 (v), SRM1 (vii), LHN6 (iii) and TR3 of the Rother Local Plan Core Strategy and paragraph 8 of the National Planning Policy Framework which seek to minimise the need to travel and to support the transition to a low carbon future.

4.     The development is located within 15m of an ancient woodland, contrary to standing advice produced by the Forestry Commission and Natural England. The development would result in the deterioration of an irreplaceable habitat, an ancient woodland, by way of increased disturbance, lighting from the caravans, compaction of the ground where the touring caravans would be stored and the uncertainty surrounding how foul and surface water drainage would be dealt with. Additionally, the impact of the development on protected species has not been assessed and therefore it has not been satisfactorily demonstrated that the development would not be harmful to them. Paragraph 175 of the National Planning Policy Framework directs that permission should be refused, given that no wholly exceptional reasons or a suitable compensation strategy has been provided. The development also conflicts with Policies EN1 (vi) and EN5 (viii) (ix) of the Rother Local Plan Core Strategy, Policy DEN4 (ii) of the Rother District Council DaSA together with standing advice produced by the Forestry Commission and Natural England relating to ancient woodlands.

NOTE:

1.     This decision notice relates to the following set of plans:

1:1250 Site Location Plan dated 7 April 2020

1:500 Block Plan dated 7 April 2020 (includes a sewage treatment plant)

NATIONAL PLANNING POLICY FRAMEWORK: In accordance with the requirements of the National Planning Policy Framework (paragraph 38) and with the Town and Country Planning (Development Management Procedure) (England) Order 2015, the Local Planning Authority has acted positively and proactively in determining this application by identifying matters of concern with the proposal and discussing those with the Agent. However, the issues are so fundamental to the proposal that it has not been possible to negotiate a satisfactory way forward and due to the harm which has been clearly identified within the reasonsfor the refusal, approval has not been possible.

(Councillor Prochak declared a personal interest in this matter in so far as her husband is Chairman of the local Campaign to Protect Rural England who made comments on the application and in accordance with the Members’ Code of Conduct remained in the meeting during the consideration thereof).