DECISION: GRANT (FULL PLANNING)

SUBJECT TO CONDITIONS:

1.        The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: In accordance with section 91 of the Town and Country Planning Act 1990 (as amended by section 51 of the Planning and Compulsory Purchase Act 2004).

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

Location Plan Drawing No. 6754/22/LP/A, dated Jun 22

Block Plan Drawing No. 6754/22/BP, dated May 2022

Site Layout Drawing No.6754/22/2/C, dated Jul 22

Landscape Masterplan Phase 2 Drawing No. 3025-APA-ZZ-OO-LA-L-1000 rev P3, dated 17/11/22

Toilet/Shower Block Drawing No. 6754/101/1, dated September 2021

Refuse and Cycle Storage Drawing No. 6754/RS2/A, dated Jun 22

Refuse and Cycle Storage Drawing No. 6754/R+CS/A, dated Jun 22

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

3.        Within seven months of the date of this permission, by 12 May 2023, all caravans of whatever sort shall be removed from the field area north of footpath 15a and the overflow car park and landscaping of that area shall be implemented upon removal or within the next planting season, in accordance with the approved plans, Drawing No. 6754/22/2/C, dated Jul 22 and Drawing No. 3025-APA-ZZ-OO-LA-L-1000 rev. P3, dated 17/11/22.

Reason: To ensure removal of caravans potentially in breach of the Enforcement Notice on the site and improve the character and appearance of the site and thus enhance the landscape of the High Weald Area of Outstanding Natural Beauty having regard to Policy EN1 of the Rother Local Plan Core Strategy and Policies DEN1 and DEN2 of the Development and Site Allocations Local Plan.

4.        Prior to commencement of the use of the camping areas or overflow car park hereby approved, full details of the landscaping for the site in accordance with the approved Landscape Masterplan Phase 2, shall be submitted to and approved in writing by the Local Planning Authority. The details shall include:

a)        indications of all existing trees and hedgerows on the land including details of those to be retained, together with measures for their protection in the course of development;

b)        planting plans;

c)        written specifications (including cultivation and other operations associated with plant and grass establishment);

d)        schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; and

e)        implementation programme (all tree and hedge planting to be undertaken as soon as possible and before 31 December 2024).

All landscape works shall be carried out in accordance with the approved details and in accordance with the programme agreed with the Local Planning Authority and if within a period of 10 years from the date of the planting any tree or plant, it is removed, uprooted, destroyed or dies, [or becomes, in the opinion of the Local Planning Authority, seriously damaged or defective] another tree or plant of the same species and size as that originally planted shall be planted at the same place, unless the Local Planning Authority gives its written consent to any variation.

Reason: To enhance the appearance of the development and conserve and enhance the landscape character and scenic beauty of the site within the High Weald Area of Outstanding Natural Beauty, in accordance with Policies OSS4 and EN1 of the Rother Local Plan Core Strategy, Policies DEC2, DEN1 and DEN2 of the Development and Site Allocations Local Plan, paragraph 176 of the National Planning Policy Framework and various objectives within the High Weald Management Plan.

5.        Prior to the commencement of use of the camping or car park areas, full details of the mitigation and enhancements in respect of protected species, habitats and biodiversity set out within the (a) Preliminary Ecological Appraisal and Building Inspection report by ‘The Ecology Partnership’ dated June 2022 and (b) the Biodiversity Net Gain Calculation report by ‘The Ecology Partnership’ dated 26 July 2022, where not part of the landscaping details, shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall then be implemented before 31 December 2024.

Reason: To conserve and enhance the habitat and biodiversity of the site enhance the appearance of the development and conserve and enhance the landscape character and scenic beauty of the site within the High Weald Area of Outstanding Natural Beauty, in accordance with Policies EN1 and EN5 of the Rother Local Plan Core Strategy, Policies DEC2, DEN1, DEN2 and DEN4 of the Development and Site Allocations Local Plan and paragraph 176 of the National Planning Policy Framework.

6.        No part of the development shall be first occupied until the visibility splays of 2.4m x 160m westbound and 2.4m x 215m eastbound have been provided at the proposed site vehicular access onto Powdermill Lane. Once provided the splays shall thereafter be maintained and kept free of all obstructions over a height of 600mm.

Reason: To ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway in accordance with Policy CO6 of the Rother Local Plan Core Strategy.

7.        The development shall not be occupied until parking and cycle areas have been provided in accordance with the approved plans and the areas shall thereafter be retained for that use and shall not be used other than for the parking of motor vehicles and cycles.

Reason: To ensure the development has on-site parking provisions and in order that the development site is accessible by non-car modes and to meet the objectives of sustainable development, in accordance with Policies TR3 and TR4 of the Rother Local Plan Core Strategy.

8.        The proposed parking spaces shall measure at least 2.5m x 5m (add an extra 50cm where spaces abut walls).

Reason: To provide adequate space for the parking of vehicles, in accordance with Policy TR4 of the Rother Local Plan Core Strategy.

9.        The site shall not accommodate more touring pitches than those specified on the approved site layout plan, Drawing No. 6754/22/2/C, dated Jul 22, i.e. maximum of 18 tent camping pitches to the northern field, 12 tent camping pitches to the south west field area and 12 pitches for touring caravans/motorhomes. The touring pitches shall not be utilised for storage purposes and no caravan, motorhome or tent shall be left on site unless it is in occupation.

Reason: To restrict the density and nature of development at the site thereby controlling the level and nature of activity and enabling maintenance of the existing and proposed landscaping of the site, so as to conserve and enhance the landscape and scenic character of the High Weald Area of Outstanding Natural Beauty, in accordance with  Policies OSS4 and EN1 of the Rother Local Plan Core Strategy, Policies DEC2, DEN1 and DEN2 of the Development and Site Allocations Local Plan, paragraph 176 of the National Planning Policy Framework and various objectives within the High Weald Management Plan.

10.      No external lighting shall be erected at the site unless in accordance with a scheme that has first been submitted to and approved in writing by the Local Planning Authority. Any scheme should comply with the Institution of Lighting Professionals Guidance Note for the reduction of obtrusive light 2011(or later versions). It should be designed so that it is the minimum needed for security and operational processes and be installed to minimise potential pollution caused by glare and spillage.

            Environmental Zones

The guidance advises that, where an area to be lit lies on the boundary of two zones or can be observed from another zone, the limits used should be those applicable to the most rigorous zone, in this case E0 or E1.

Reason: To prevent light pollution within the dark skies of the High Weald Area of Outstanding Natural Beauty, in the interests of the amenities of the area and to protect the dark sky environment, in accordance with Policies OSS4 (iii), RA3 (v) and EN1 of the Rother Local Plan Core Strategy, Policies DEN2 and DEN7 of the Development and Site Allocations Local Plan and Objective OQ4 of the High Weald Management Plan.

NOTES:

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 (amongst other things): deliberately capture, disturb, injure, or kill great crested newts; damage or destroy a breeding or resting place; intentionally or recklessly obstruct access to a resting or sheltering place. Planning consent for a development does not provide a defence against prosecution under this legislation. Should great crested newts be found at any stages of the development works, then all works should cease, and a professional and/or suitably qualified and experienced ecologist (or Natural England) should be contacted for advice on any special precautions before continuing, including the need for a licence.

2.      The Applicant is reminded of the advice within the letter of 6 September 2023 from the Environment Agency with regard to groundwater protection; Waste on-site; and waste to be taken off-site.

3.        The Applicant is reminded that no implementation should take place before the end of six weeks from the date of the decision.

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 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.