URL: https://rother.moderngov.co.uk/ieDecisionDetails.aspx?ID=1931

Decision Maker: Planning Committee

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Purpose:

Content: This application had been called-in by one of the local Ward Members (Councillor Field) for the following reasons, increased traffic on a narrow rural lane, higher building density within the High Weald National Landscape (HWNL), the addition of a building outside of the existing 3-year consent, and potential overdevelopment.   The application sought to vary an existing permission for two gypsy and traveller (G&T) pitches originally granted in 2022 (RR/2022/2791/P) for a temporary period expiring in May 2027.  The proposed variation sought retrospective permission for a day room, commonly referred to as an amenity building, for temporary use in connection with the approved (temporary) pitches.  The building was designed to ensure removability at the end of the temporary permission period (May 2027), which maintained compliance with the original consent.  It was not an additional pitch and would not include sleeping accommodation.  Although visible from the street, the temporary nature of the permission and the substantial buffer zone between the building and the roadside would minimise its impact on the HWNL.  The day room was to be used for meeting the cultural and practical needs of the G&T families who currently occupied the site.    The site had not been and was not formally designated as a permanent G&T pitch under Council policy.  Members were informed that the site appeared in the draft Local Plan approved for public consultation (see Minute Ref PL25/53), but this had no bearing on the current temporary application.   Members were advised that the Enforcement Team was actively working with the Applicant to resolve the current boundary landscaping compliance issue, which was not material to the current application.   Members of the Planning Committee had visited the site and received representation from a resident opposing the proposal.  Consideration was also given to the comments of local Ward Member Councillor Burton who addressed the Planning Committee, and the objections raised by Battle Town Council and Brightling Parish Council as detailed within the report.   Temporary permission was granted in 2022 due to the personal circumstances of the current occupants and the lack of local provision of G&T sites.  Members questioned why the day room was not included in the original consent and were informed that a day room was included in East Sussex County Council’s description of a G&T site.  While retrospective applications could cause frustration, they remained valid and must be assessed on their merits.  Concerns were raised about increased harm to the HWNL, limited local amenities, the colour of the building and the impact on dark skies.  The Planning Committee noted that this application sought temporary permission only and the site was not allocated as a designated G&T site.  To mitigate the additional impacts, Members requested three additional conditions: controlling external lighting on the building, colour of the building to comply with High Weald Management Plan (HWMP) standards and restricting the day room from being used as sleeping accommodation.  It was also emphasised that the site must be restored to its original condition upon expiry of the temporary permission and that all conditions be strictly adhered to.   Councillor Stanger moved the motion to GRANT (Temporary Planning Permission) as per the officer’s recommendation, as detailed within the report, including three additional conditions regarding the day room not being used as sleeping accommodation, colour of the building to adhere to the HWMP standards and protection of the dark skies (control of external lighting on the building); wording to be delegated to officers in consultation with the Chair of the Planning Committee.  This was seconded by Councillor Drayson.  The motion was declared LOST (2 for / 4 against).   No motion to REFUSE was proposed or seconded.   After further deliberation by the Planning Committee, Councillor Drayson moved the motion to GRANT (Temporary Planning Permission) on the basis that the Planning Committee considered that the harm caused to the HWNL by granting temporary planning permission under RR/2022/2791/P would be intensified by granting this application.  However, in recognition of the particular circumstances in granting that temporary permission, the Planning Committee granted this temporary permission for the day room, as per the officer’s recommendation with three additional conditions regarding the day room not being used as sleeping accommodation, colour of the building to adhere to the HWMP standards and protection of the dark skies (control of external lighting on the building); wording to be delegated to officers in consultation with the Chair of the Planning Committee and a clear re-statement of Condition 1 (as below) relating to the use of the whole site being discontinued and the caravans and day room being removed on or before 30 May 2027.  This was seconded by Councillor Stanger.  The motion was declared CARRIED (3 for / 3 abstentions).   DECISION: GRANT (TEMPORARY PLANNING PERMISSION)   SUBJECT TO CONDITIONS:   Conditions 1-6, 8-9 and 11 are varied as follows:   1.      The use hereby permitted shall be discontinued, and the caravans and day room removed from the site on or before 30 May 2027. Reason: The residential use of the site is not considered suitable on a permanent basis in this location due to the harm it causes to the landscape and scenic beauty of the High Weald National Landscape which is an Area of Outstanding Natural Beauty but is permitted on a temporary basis due to current lack of local provision of Gypsy and Traveller sites. There is also no alternative accommodation for the occupiers to move to, and the personal circumstances of the occupiers mean it is in their best interests to remain on the site at the current time. A temporary permission will time limit the harm to the landscape and natural beauty of the High Weald National Landscape in accordance with Policies EN1(i) and LHN6 of the Rother Local Plan Core Strategy, Policy DEN2 of the Rother Development and Site Allocations Local Plan and Policies HD5 and EN3 of the Battle Civic Neighbourhood Plan.   2.      The development hereby permitted shall be carried out in accordance with the following approved plans and details: Location plan - Drawing No. 2022-1321v2-Location - Dated 22 May 2025 Proposed Block Plan - Drawing No. 2022-1321v2-PropBlock - Dated 22 May 2025 Proposed Day Room - Drawing No. 2022-1321v2-Day Room - Dated 22 May 2025 Existing Block Plan - Drawing No. 2022-1321v2-ExistBlock - Dated 22 May 2025 Reason: For the avoidance of doubt and in the interests of proper planning.   3.      The site shall be laid out in accordance with the Block Plan (2022-1321v1-PropBlock, dated 4 October 2022) approved under the original planning permission, reference: RR/2022/2791/P. Reason: To protect the ancient woodland adjacent to the site, including any protected species that may be present, from increased disturbance, lighting from the caravans and compaction of the ground where the touring caravans would be stored in accordance with Policies EN1 (vi) and EN5 (viii) (ix) of the Rother Local Plan Core Strategy, Policy DEN4 (ii) of the Rother Development and Site Allocations Local Plan, Policy EN2 of the Battle Civic Neighbourhood Plan, Paragraph 186 of the National Planning Policy Framework, together with standing advice produced by the Forestry Commission and Natural England relating to ancient woodlands.   4.      The implemented landscaping scheme approved under the 'Application for Approval of Details Reserved by Condition' (reference: RR/2024/1168/DC), shall be retained in place. If within the temporary period of this permission any tree or plant is removed, uprooted, destroyed or defective, another tree or plant of the same species and size as 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 setting of the development in the interests of conserving the natural beauty of the High Weald National Landscape in accordance with Policies EN1(i) and LHN6 of the Rother Local Plan Core Strategy, Policy DEN2 of the Rother Development and Site Allocations Local Plan and Policies HD5 and EN3 of the Battle Civic Neighbourhood Plan.   5.      The implemented foul and surface water strategy approved under the 'Application for Approval of Details Reserved by Condition' (reference: RR/2024/1168/DC), shall be retained in place. Any variation to the approved scheme shall be submitted to and approved in writing by the Local Planning Authority and only the approved details shall be implemented and thereafter retained. Reason: To ensure the satisfactory drainage of the site and to prevent water pollution in accordance with Policies OSS4 (iii) and EN7 of the Rother Local Plan Core Strategy.            6.      The visibility splays measuring 2.4m by 95m to the northwest and 2.4m x 155m to the southeast shall be retained and 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 (ii) of the Rother Local Plan Core Strategy and Policy IN4 of the Battle Civic Neighbourhood Plan.   8.      The use hereby permitted shall be occupied only by Ms Sherri McCallister and Ms Susan Smith and their current resident dependants (as listed in the Planning Statement received 16 March 2023) and shall be for a limited period expiring on 30 May 2027. When the site ceases to be occupied by Ms Sherri McCallister or Ms Susan Smith or their named resident dependants, or at the end of that period, at which time the use shall cease and all caravans, day room, structures, materials and equipment brought on to or erected on the site, and/or works undertaken to it in connection with the use, shall be removed and the site restored in accordance with a scheme and timetable which shall be approved in writing by the Local Planning Authority.  This scheme and timetable shall be submitted within one month of 30 May 2027 or when the site is vacated, whichever is the soonest. Reason: The proposed development is only acceptable on a temporary basis due to the personal circumstances of the Applicant and their way of life, which mean that they meet the definition of a "gypsy or traveller". The residential use of the site is not considered suitable on a permanent basis in this location due to the harm it causes to the landscape and scenic beauty of the High Weald National Landscape which is an Area of Outstanding Natural Beauty but is permitted on a temporary basis due to current lack of local provision of Gypsy and Traveller sites. There is also no alternative accommodation for the occupiers to move to, and the personal circumstances of the occupiers mean it is in their best interests to remain on the site at the current time. A temporary permission will time limit the harm to the landscape and natural beauty of the High Weald National Landscape in accordance with Policies EN1(i) and LHN6 of the Rother Local Plan Core Strategy, Policy DEN2 of the Rother Development and Site Allocations Local Plan and Policies HD5 and EN3 of the Battle Civic Neighbourhood Plan.            9.      There shall be no more than two pitches and one day room (which shall serve both pitches) within the site. On each of the two pitches hereby approved no more than two caravans shall be stationed at any one time, of which no more than one shall be a mobile home or a static caravan as defined in the Caravan Sites and Control of Development Act 1960 and the Caravan Sites Act 1968. Reason: To conserve the natural beauty of the High Weald National Landscape in accordance with Policies EN1(i) and LHN6 of the Rother Local Plan Core Strategy, Policy DEN2 of the Rother Development and Site Allocations Local Plan and Policies HD5 and EN3 of the Battle Civic Neighbourhood Plan.   11.    Any static caravans and day room present on the site shall not exceed the dimensions annotated on the approved Proposed Block Plan - Drawing No. 2022-1321v2-PropBlock - Dated 22 May 2025. Reason: To limit the temporary harm to the landscape and scenic 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.   Condition 10 is retained to ensure continued compliance:   10.    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 District Local Plan Core Strategy.            Condition 7, requiring construction of the access to East Sussex County Council (Highways) standards, has been satisfied and is therefore removed.   Additional Conditions:   12.    The day room hereby approved shall not be used at any time for sleeping or overnight accommodation. Reason: To ensure the day room functions solely as an ancillary amenity building serving the two existing temporary pitches.  Temporary permission is granted for the day room to meet the needs of the current Gypsy and Traveller (G&T) incumbents, having regard to the context within which the original temporary permission was granted i.e. because of the current lack of local G&T site provision, the absence of alternative accommodation, and the personal circumstances of the occupiers, which make it in their best interest to remain on the site at this time. Limiting the permission to a temporary period will reduce long-term harm to the HWNL, in line with Policies EN1(i) and LHN6 of the Rother Local Plan Core Strategy, Policy DEN2 of the Rother Development and Site Allocations Local Plan, and Policies HD5 and EN3 of the Battle Civic Neighbourhood Plan.   13.    No floodlighting or other external means of illumination shall be provided, installed or operated at the site until full details of any external lighting scheme has been submitted to and approved in writing by the Local Planning Authority. Any lighting shall then be carried out in accordance with the approved details and thereafter retained. Reason: To safeguard the special character of the rural area within the High Weald National Landscape, in accordance with Policies EN1(i) of the Rother Local Plan Core Strategy, Policies DEN2 and DEN7(ii) of the Rother Development and Site Allocations Local Plan and Policies HD5 and EN3 of the Battle Civic Neighbourhood Plan.   14.    Details of the external colour treatment to the day room shall be submitted to the Local Planning Authority for written approval within two months from the date of this decision.  The approval works shall then be carried out in full accordance with the agreed details and within two months of the date of the details being approved. Reason: To preserve the special character of the rural area within the High Weald National Landscape, in accordance with Policies OSS4(ii) of the Rother Local Plan Core Strategy and Policies HD5 and EN3 of the Battle Civic Neighbourhood Plan.   NATIONAL PLANNING POLICY FRAMEWORK: In accordance with Paragraph 39 of the National Planning Policy Framework (2024), the Council has worked in a positive and pro-active way and has imposed planning conditions to enable the grant of planning permission.   (When it first became apparent, Councillors J. Barnes and Mrs Barnes each declared a Non-Registerable Interest in this matter in so far as they had known the objector for many years, had not discussed the application with him and in accordance with the Members’ Code of Conduct remained in the meeting during the consideration thereof.)   (At the commencement of the meeting, Councillor Mrs Cook declared an Other Registerable Interest in this matter in so far as she was a Member of Battle Town Council (BTC), had attended a BTC meeting where enforcement issues at the site were discussed and a resolution made.  However, Councillor Mrs Cook had already left the meeting prior to this application being considered.)   (Councillor McLaren declared an Other Registerable Interest in this matter in so far as she was a Member of Battle Town Council (BTC), had attended a BTC meeting where enforcement issues were discussed and a resolution made and in accordance with the Members’ Code of Conduct left the room prior to the consideration thereof.)

Date of Decision: December 11, 2025