Agenda item

RR/2021/2447/P - Land at Marley Lane, Battle

Minutes:

DECISION: REFUSE (FULL PLANNING)

 

REASONS FOR REFUSAL:

 

1.    The site lies outside of the defined development boundary for Battle as set out in the Battle Civic Parish Neighbourhood Plan (BCPNP). The proposal would conflict with the overall spatial strategy set out in Policies OSS2, OSS3 and BA1 of the Rother Local Plan Core Strategy and Policies HD1 (development boundaries) and HD2 (site allocations) of the BCPNP, which seek opportunities within the development boundary of the town. The site is 0.7km from the edge of Battle and fails to meet the spatial strategy policy requirements of the district. In addition, the proposed development does not meet any of the exceptions for providing new dwellings in the countryside under Policy RA3 (iii) of the Rother Local Plan Core Strategy or those for isolated new homes listed in paragraph 80 of the National Planning Policy Framework. 

 

2.    The application site is part of an undeveloped undulating field which contributes positively to the rural character of its surroundings. The proposed development would involve earthworks which would introduce unnatural and man-made features into the landscape. On top of this is the urbanising impact that the proposed dwelling would have, with associated long driveway and parking area, together with inevitable external domestic paraphernalia. The development would result in the rural character of the field changing to residential use which would be visible from the public footpath to the southeast of the site and the public car park to the south and would encroach on the openness of the green gap designation of the Battle Civic Parish Neighbourhood Plan (BCPNP). The development would represent an unjustified intrusion of residential development in a rural, countryside setting which would fail to conserve or enhance the landscape and scenic beauty of the High Weald Area of Outstanding Natural Beauty, contrary to Policies OSS4 (iii), BA1 (i), RA2 (viii), RA3 (v) and EN1 (i) (v) of the Rother Local Plan Core Strategy, Policies DEN1 and DEN2 of the Development and Sites Allocation Local Plan (2019), Policies HD5, HD7 and EN3 of the BCPNP and paragraph 176 of the National Planning Policy Framework.

 

3.    The proposed development would involve earthworks which would introduce unnatural and man-made features into the landscape. On top of this is the urbanising impact that the proposed dwelling would have, with associated long driveway and parking area, together with inevitable external domestic paraphernalia. The development would result in the rural character of the field changing to residential use which would be visible from the public footpath to the southeast of the site and the public car park to the south, which would erode and cause harm to the rural setting of the grade II listed Battle Great Barn. Having had regard to Section 66 of The Planning (Listed Buildings & Conservation Areas) Act 1990, the development would cause harm to the rural setting of the Grade II listed building Battle Great Barn, contrary to Policy EN2 (iii) of the Rother Local Plan Core Strategy (2014), Policy EN4 of the BCPNP and paragraphs 197 and 199 of the National Planning Policy Framework.

 

4.    The site lies within an unsustainable countryside location where occupiers of the development would be highly reliant on private motor vehicles and would not be 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) and TR3 of the Rother Local Plan Core Strategy (2014), Policy IN4 of the Battle Civic Parish Neighbourhood Plan and paragraphs 8 and 110 (a) of the National Planning Policy Framework which seek to minimise the need to travel and to support the transition to a low carbon future.

 

5.    The application site consists of part of an undeveloped field, with mature native hedgerows to the boundaries, and is adjacent to an ancient woodland. Whilst a Preliminary Ecological Assessment has been submitted with the application, the follow up surveys for reptiles, amphibians and hazel dormice recommended within the assessment have not been carried out. It has therefore not been satisfactorily demonstrated that biodiversity and protected species would not be adversely affected by the development contrary to Policy EN5 (viii) of the Rother Local Plan Core Strategy (2014) and Policy DEN4 (iii) of the Development and Sites Allocation Local Plan (2019).

 

NOTE:

 

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

Drawing No. 21008_P01 dated September 2021

Drawing No. 21008_P02 dated September 2021

Drawing No. 21008_P03 dated September 2021

Drawing No. 21008_P04 dated September 2021

Drawing No. 21008_P05 dated September 2021

Drawing No. 21008_P06 dated September 2021

 

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 determining the application within a timely manner, clearly setting out the reasons for refusal, thereby allowing the Applicant the opportunity to consider the harm caused and whether or not it can be remedied as part of a revised scheme.

 

Supporting documents: