DECISION: GRANT TEMPORARY PERMISSION FOR UP TO THREE YEARS FROM THE DATE OF THE DECISION SUBJECT TO CONDITIONS REGARDING ANY REPLACEMENT OF THE MOBILE HOME AND AFTER THREE YEARS ALL BUILDING MATERIALS BE REMOVED AND THE LAND RETURNED TO ITS ORIGINAL CONDITION

CONDITIONS:

1.    The development and the material change of use hereby permitted shall be limited to a period of no more than three years from the date of this decision notice. After this date the permitted use shall cease, and the related development permitted be removed and the land made good in accordance with a scheme of work submitted to and approved in writing by the Local Planning Authority prior to the cessation of this temporary planning permission.

Reason: The development is harmful to the landscape and scenic beauty of the High Weald Area of Outstanding Natural Beauty due to the visual intrusion of caravans being uncharacteristic of the locality, contrary to Policy EN1 of the Rother Local Plan Core Strategy and Policy DEN2 of the Rother Development and Site Allocations Local Plan. However, there is currently uncertainty over the deliverability of the allocated gypsy and traveller allocations within the Rother Development and Site Allocations Local Plan. Within the next three years it is anticipated that the Council will adopt a new local plan which will include sufficient allocations for gypsy and traveller sites to fulfil the Council’s objectively assessed needs as set out in the East Sussex Gypsy, Traveller and Travelling Showpeople Accommodation Needs Assessment (2022).

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

Location Plan, Drawing No. 2020-080v1-Location, dated 24/09/21

Existing Block Plan, Drawing No. 2020-080v1-ExistBlock, dated 13/01/22

Proposed Block Plan, Drawing No. 2020-080v1-PropBlock, dated 13/01/22

Caravan Tracking Plan, Drawing No. 2020-080v1-Tracking, dated 24/09/21

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

3.    The site shall not be occupied by any persons other than gypsies and travellers as defined in Annex 1 of DCLG “Planning Policy for Traveller Sites” (revised version published August 2015) and restricted to only Mr Danny Penfold and Mrs Louisa Penfold and their dependants.

When the land ceases to be occupied by those named above, the use hereby permitted shall cease and all caravans, structures, materials and equipment brought on to or erected on the land, and/or works undertaken to it in connection with the use, shall be removed and the land shall be restored in accordance with a scheme and timetable that has first been submitted to and approved in writing by the Local Planning Authority.

Reason: The proposed development is only acceptable due to the personal circumstances of Mr Penfold and Mrs Penfold and their family and their habit of life, which mean that they meet the definition of a “gypsy or traveller” as detailed in Annex 1 of the Planning Policy for Traveller Sites and in accordance with Policies LHN5 and LHN6 of the Rother Local Plan Core Strategy.

4.    The access shall not be used until visibility splays of 2.4m by 90m are provided in both directions and maintained thereafter.

Reason: To ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway.

5.    The development shall not be occupied until a turning space for vehicles has been provided and constructed in accordance with the approved plans which shall have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority and the turning space shall thereafter be retained for that use and shall not be obstructed.

Reason: To ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway.

6.    No more than one static caravan and one tourer, as defined in the Caravan Sites and Control of Development Act 1960 and the Caravan Sites Act 1968 shall be stationed on the site at any time.

Reason: To conserve the natural beauty of the High Weald Area of Outstanding Natural Beauty in accordance with Policies EN1(i) and LHN6 of the Rother Local Plan Core Strategy.

7.    No vehicles over 3.5 tonnes shall be stationed, stored or parked on the site and no commercial activities, including burning, shall take place on the land, including the storage of materials, plant or waste.

Reason: To preserve the amenities of the locality, in accordance with Policy OSS4(ii) of the Rother Local Plan Core Strategy.

8.    The development hereby approved shall be implemented in accordance with the recommendations/measures stated in section 4.2 of the supporting document, Preliminary Ecological Appraisal for the Land to the East of Kingwood Hill (Arbtech, Sept. 2022).

Reason: To minimise the impacts of development on biodiversity, in accordance with paragraphs 174 and 180 of the National Planning Policy Framework.

9.    The mobile home hereby permitted shall not be brought onto the land until details of its overall size (length, width and height) and appearance have been submitted to and approved in writing by the Local Planning Authority. The mobile home provided on site shall accord with the approved details.

Reason: To minimise the impact that the mobile home has on the landscape and scenic beauty of the High Weald Area of Outstanding natural Beauty in accordance with Policy EN1 of the Rother Local Plan Core Strategy and Policy DEN2 of the Rother Development and Site Allocations Local Plan.

10. The mobile home hereby permitted is not permitted to be replaced by another larger mobile home without the express grant of a further planning permission.

Reason: To minimise the impact that the mobile home has on the landscape and scenic beauty of the High Weald Area of Outstanding natural Beauty in accordance with Policy EN1 of the Rother Local Plan Core Strategy and Policy DEN2 of the Rother Development and Site Allocations Local Plan.

NOTE:

1.    The Applicant is reminded that, under the Conservation of Habitats and Species Regulations 2017 (as amended) and the Wildlife and Countryside Act 1981 (as amended), it is an offence to: deliberately capture, disturb, injure, or kill great crested newts; damage or destroy a breeding or resting place; deliberately obstructing access to a rest or sheltering place. Planning consent for a development does not provide a defence against prosecution under these acts. Should great crested news be found at any stages of the development works, then all works should cease and Natural England should be contacted for advice.

NATIONAL PLANNING POLICY FRAMEWORK: In accordance with the requirements of the 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 assessing the proposal against all material considerations, including planning policies and any representations that have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.