DECISION: GRANT (FULL PLANNING) TEMPORARY UNTIL DECEMBER 2023

 

CONDITIONS:

 

1.     The use hereby permitted shall be discontinued and the land and buildings restored to their former condition and use, on or before 31 December 2023 in accordance with a scheme of work submitted to and approved by the Local Planning Authority.

Reason: The use is potentially detrimental to the amenities of the adjacent and nearby properties and the surrounding tranquil rural area within the countryside of the High Weald Area of Outstanding Natural Beauty and this permission is granted temporarily to enable the Local Planning Authority to monitor and assess the effects of the proposal, having regard to the criteria set out in Policies OSS4 and EN1 of the Rother Local Plan Core Strategy and Policies DEN1, DEN2 and DEN7 of the Development and Site Allocations Local Plan.

 

2.     The development hereby permitted shall be carried out in accordance with the following approved plans and details:

a)     DGC-22062-09, dated 09/03/2022, in so far as it identifies the buildings, areas and parking locations only.

b)     DGC-22062-07 dated 13/12/2021 

c)     DGC-22062-08 dated 13/12/2021 

d)     DGC-22062-02 Rev.A dated 21.12.2021 

e)     DGC-22062-03 Rev.A dated 21.12.2021 

f)       DGC-22062-05 Rev.B dated 21.12.2021 

g)     DGC-22062-06 dated 27/05/2021 

h)     DGC-22062/CU/100 Rev.A dated 21.12.2021 

Reason: For the avoidance of doubt and in the interests of proper planning.

 

3.   The use of the site is hereby approved for holiday lets only and by resident guests only, with exception of the house and its gardens when in use as a family home by the owner/occupier.

Reason: To preclude excessive noise, activity, numbers of vehicles and general disturbance at the site, and to limit the number of visitors to the site to protect the residential amenities of the immediate neighbours and wider locality and the tranquility of the countryside within the High Weald Area of Outstanding Natural Beauty, in accordance with Policies OSS4 (ii), (iii), EN1 and TR4 of the Rother Local Plan Core Strategy and Policies DEN1, DEN2 and DEN7 of the Development and Site Allocations Local Plan.

 

4.   Within one month of the date of this decision, details shall be submitted to the Local Planning Authority for the removal of the black plastic sheeting along the east side boundary between the swimming pool and neighbouring property and for its replacement with an acoustic barrier for approval details for the barrier to require that:

·       The barrier should be pool side of the line of conifers along the Eastern side of the pool area.

·       The barrier should be 1.8m to 2m high above the poolside ground level extending from the existing brick wall at the northern tip of the pool area, along the NNE side extending past the pool pump housing at least to the hedge on the SSE side of the area.

·       Details of the proposed acoustic fence, including its surface mass and details of boarding.

The approved details shall be implemented within one month of the date of the approval of the said details.

Reason: To preclude excessive noise and general disturbance at the site to protect the residential amenities of the locality and the tranquility of the countryside within the High Weald Area of Outstanding Natural Beauty, in accordance with Policies OSS4 (ii), (iii) and EN1 of the Rother Local Plan Core Strategy and Policies DEN1, DEN2 and DEN7 of the Development and Site Allocations Local Plan.

 

5.   The curtilage listed barn as hereby permitted shall only be used ancillary to the holiday lets only and by resident guests only.

Reason: To preclude excessive noise, activity, numbers of vehicles and general disturbance at the site, and to limit the number of visitors to the site to protect the residential amenities of the locality and the tranquility of the countryside within the High Weald Area of Outstanding Natural Beauty, in accordance with Policies OSS4 (ii), (iii) and EN1 of the Rother Local Plan Core Strategy and Policies DEN1, DEN2 and DEN7 of the Development and Site Allocations Local Plan.

 

6.   No amplified music shall be played in any external areas or in any guest sleeping accommodation and no live bands, soloists, music groups or DJs shall be permitted to perform on site. The use of Public Address system to amplify speech is not permitted on site.

Reason: To preclude excessive noise and general disturbance at the site to protect the residential amenities of the locality and the tranquility of the countryside within the High Weald Area of Outstanding Natural Beauty, in accordance with Policies OSS4 (ii), (iii) and EN1 of the Rother Local Plan Core Strategy and Policies DEN1, DEN2 and DEN7 of the Development and Site Allocations Local Plan.

 

7.   The only use of amplified music on site shall be played within the curtilage listed barn through the limiter installed in the barn. The following sound levels and details apply to use of amplified music here:

a)    Sound levels of amplified music played through the limiter in the barn, measured 3m directly in front of the entrance to the barn and 1.5m above ground level, with all doors and windows closed, shall not exceed background sound levels (L_A90,15min) measured at the same location, within the same hour, when the music is turned off and the doors and windows of the long barn are closed.

b)    Sound levels (dB) of the Octave Band Centre Frequencies 63Hz to 500Hz, of music played through the limiter in the Long Barn, when measured 3m directly in front of the entrance to the long barn and 1.5m above ground level, with doors and windows closed, shall match or be lower than the levels measured at the same location, within the same hour, when the music is turned off and the doors and windows of the long barn are closed. Measurements of Octave Band Centre Frequencies shall be undertaken over a 15 minute period.

c)     The door to the long barn shall be kept closed at all times except for access and egress.

d)    Windows to the long barn shall always be kept closed.

Reason: To protect the residential amenities of the locality and the tranquility of the countryside within the High Weald Area of Outstanding Natural Beauty, in accordance with Policies OSS4 (ii), (iii) and EN1 of the Rother Local Plan Core Strategy and Policies DEN1, DEN2 and DEN7 of the Development and Site Allocations Local Plan.

 

8.   No sound systems shall be operational on site. 

Reason: To protect the residential amenities of the locality and the tranquility of the countryside within the High Weald Area of Outstanding Natural Beauty, in accordance with Policies OSS4 (ii), (iii) and EN1 of the Rother Local Plan Core Strategy and Policies DEN1, DEN2 and DEN7 of the Development and Site Allocations Local Plan.

 

9.  There shall be no activity in the pool area (zone G) before 09:00 of after 20:00 hours.

Reason: To preclude excessive noise and general disturbance at the site to protect the residential amenities of the neighbouring property and surrounding locality and the tranquility of the countryside within the High Weald Area of Outstanding Natural Beauty, in accordance with Policies OSS4 (ii), (iii) and EN1 of the Rother Local Plan Core Strategy and Policies DEN1, DEN2 and DEN7 of the Development and Site Allocations Local Plan.

 

10. All external caterers must use the kitchen facilities provided on site. External caterers must not bring generators onto site. Catering vans are not permitted.

Reason: To control external activity, noise and general disturbance to protect the residential amenities of the locality and the tranquility of the countryside within the High Weald Area of Outstanding Natural Beauty, in accordance with Policies OSS4 (ii), (iii) and EN1 of the Rother Local Plan Core Strategy and Policies DEN1, DEN2 and DEN7 of the Development and Site Allocations Local Plan.

 

11. Wedding ceremonies and wedding receptions are not permitted on site.

Reason: To control external activity, noise and general disturbance to protect the residential amenities of the locality and the tranquility of the countryside within the High Weald Area of Outstanding Natural Beauty and having regard to the limited space for the parking and turning of vehicles, in accordance with Policies OSS4 (ii), (iii) and EN1 of the Rother Local Plan Core Strategy and Policies DEN1, DEN2 and DEN7 of the Development and Site Allocations Local Plan.

 

12. The parking and turning areas within the site and as set out on approved Drawing No. DGC-22062-09, dated 09/03/2022 shall be used by the occupiers of the site and the area[s] shall thereafter be retained for that use and shall not be used other than for the parking and turning of motor vehicles.

Reason: To provide on-site parking and turning areas to ensure that the proposed development does not prejudice the free flow of traffic or conditions of general safety along the highway in accordance with Policy TR4 of the Rother Local Plan Core Strategy.

 

13. The managers’ flat hereby permitted within the main dwelling, shall only be occupied as additional accommodation (an annexe) to the main dwelling, New House Farm, and shall not be occupied by any person who is not a manager of the holiday accommodation within the site or is a member of the family (as defined by section 186 of the Housing Act 1985 or in any provision equivalent to any re-enactment of that Act) residing in the family dwelling.

Reason: To ensure that the approved managers’ flat is retained for the operation and management of the site and that it is not used for unauthorised permanent separate residential occupationin accordance with Policies OSS4 (iii) and RA3 of the Rother Local Plan Core Strategy.

 

14. The manager shall be on site or contactable by nearby residents during the stay of guests. For clarification, the manager’s contact details shall be provided to all neighbours within 500m of New House Farm and they shall be contactable during the period that guests are on site.

Reason: To ensure on-site presence of a manager to manage the site and to control external activity, noise and general disturbance to protect the residential amenities of the locality and the tranquility of the countryside within the High Weald Area of Outstanding Natural Beauty and having regard to the limited space for the parking and turning of vehicles, in accordance with Policies OSS4 (ii), (iii) and EN1 of the Rother Local Plan Core Strategy and Policies DEN1, DEN2 and DEN7 of the Development and Site Allocations Local Plan.

 

15. No floodlighting or other external means of illumination of the site shall be provided, installed or operated at the site without a further planning permission.

Reason: To prevent light pollution and obtrusive lighting to safeguard the special landscape character, including dark skies and ecology of the countryside area within the High Weald Area of Outstanding Natural Beauty and in the interests of the amenities of adjoining residents, in accordance with Policies OSS4 (ii) (iii), RA3 (v) and EN1 of the Rother Local Plan core Strategy and Policies DEN1, DEN2 and DEN7 of the Development and Site Allocations Local Plan.

 

NOTES:

 

1.     Your attention is drawn to the associated listed building consent RR/2021/1574/L and the attached conditions.

 

2.     The developer is advised that any other structures or buildings proposed to be erected anywhere within the application site would require a specific planning permission.

 

3.     The Applicant is reminded that this permission is for holiday let use only and does not permit the holding of any events being sought within the application documents.

 

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 within the application (as originally submitted) and negotiating, with the Applicant, acceptable amendments to the proposal to address those concerns. As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

 

(Councillor J. Barnes declared a Personal Interest in so far as he was the Chairman of Etchingham Parish Council who had made a representation on the application, but he had not taken part in the discussions regarding the application and in accordance with the Members’ Code of Conduct remained in the meeting during the consideration thereof).

 

(Councillor Mrs Barnes declared a Personal Interest in so far as she was a member of Etchingham Parish Council who had made a representation on the application, but she had not taken part in the discussions regarding the application and in accordance with the Members’ Code of Conduct remained in the meeting during the consideration thereof).

 

(Councillor Prochak declared a Personal Interest in so far as she was known to Martin Saunders, Liberal Democrat Candidate who was one of the signatories of the application and in accordance with the Member’s Code of Conduct remained in the meeting during the consideration thereof).