URL: https://rother.moderngov.co.uk/ieDecisionDetails.aspx?ID=2117

Decision Maker:

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Purpose:

Content: This application had been called in by the local Ward Member (Councillor Gordon) for the following reasons, conflict with the High Weald Management Plan, breach of the explicit purpose of temporary permission and outside of the development boundary.   The application sought to remove Condition 1 of the temporary permission granted in November 2022 (RR/2020/1613/P), resulting in a permission for permanent use of land for one static mobile home, one touring caravan and the erection of one day room for gypsy and traveller (G&T) occupation, creating one permanent G&T pitch.  Temporary permission had previously been granted because of uncertainty over the delivery of G&T allocations through the Development and Site Allocations Local Plan and the anticipated adoption of a Local Plan with sufficient G&T provision.  As there remained an outstanding need for 18 permanent G&T pitches in the district, Paragraph 11(d) of the National Planning Policy Framework and the presumption in favour of sustainable development applied.  Allowing the application would help meet that need, and Members were informed that the site was identified as a permanent pitch in the emerging draft Local Plan.   The one-pitch G&T site was well screened by mature trees and hedges, had a history of development, and was located near scattered residential properties.  Harm to the High Weald National Landscape (HWNL) was considered localised and limited.  If permanent permission was not allowed, the current occupants would likely have to leave the site, which would interfere with their human rights (Article 8 of the European Convention on Human Rights).  The best interests of children must be a primary consideration, although it was not necessarily the determining factor.  On balance, the Planning Officer recommended granting the application for one permanent G&T pitch, subject to amending the previous temporary conditions and adding further conditions in a verbal update at the meeting.  These conditions were 1) protection of the dark skies (external lighting); and 2) no overnight sleeping permitted in the day room.  It was also recommended that Condition 10 be removed, as it was governed by separate legislation and was not considered reasonable to impose.   Members of the Planning Committee had visited the site and received verbal representations from a representative of Brede Parish Council at the meeting, who raised objections to the scheme and the local Ward Member who did not support the scheme, as outlined above.   During the discussion, Members raised a range of environmental, design, amenity and planning policy concerns, alongside broader social considerations; as follows:   ·       Key environmental issues centred on the potential impact on local water sources, including the discharge of cleaning water into a nearby pond and the need for Environment Agency (EA) consultation.  Questions were also raised regarding the adequacy and management of the on-site package sewage treatment plant, particularly given the absence of a connection to mains drainage.  Members queried whether this should be controlled through planning conditions and noted concerns about foul odours. ·       Design and visual impact were also highlighted, with objections to the colour and appearance of structures on site, including harsh / urban metal gates, limited landscaping (in front of the railings), and the prominence of the white static caravan, which was considered out of keeping with the rural setting.  The retention or removal of the existing stable block and the layout of buildings, particularly their proximity to neighbouring properties, were also discussed.  ·       Residential amenity impacts were a significant concern.  The elevated position of the site relative to adjoining properties, potential overlooking and loss of privacy, and the relationship to a nearby Grade II Listed Building was noted.  Whilst substantial fencing provided some screening and the site appeared well maintained, concerns remained regarding proximity and overall impact.  ·       The extent of harm to the countryside and the HWNL, plus the site was outside the development boundary.  It was suggested that, if approved, permission should remain temporary, pending adoption of the Local Plan. ·       Weight was given to personal and social factors, including the welfare of the family residing on site, the risk of homelessness if permission was refused, the educational needs of children, and the current lack of alternative sites for relocation.   The Planning Officer confirmed that no evidence of water contamination, pollution, or foul odours had been reported.  The Council’s Environmental Health team and EA had been consulted on the previous application; however, as no changes were proposed in the current submission, they were not consulted on this occasion.  Members were advised against imposing a condition requiring connection to the mains water drainage system. It was noted that additional landscaping could be introduced in front of the existing railings, subject to the land falling within the site boundary.  The Applicant had not indicated any intention to alter the location of the buildings.  For clarity, Members were reminded that the application related solely to the granting of a permanent pitch, as per the description of the proposal, and that it was not possible to approve an extension to the temporary permission.   Councillor Mrs Barnes moved that the application be REFUSED and this was seconded by Councillor Grohne, for the following reasons: the scale and dominance in a countryside setting and outside of the development boundary, which would cause permanent harm to the HWNL including the dark night sky by reasons of light pollution; would have an urbanising impact on the rural setting of the neighbouring Grade II Listed Building; and proximity to the shared boundary would cause an unacceptable loss of privacy to the occupiers of the neighbouring property, especially in the winter months (loss of vegetation screening).  The motion was declared LOST (2 for / 6 against).    In conclusion, the Planning Committee acknowledged that the proposal would result in some harm to the countryside and the HWNL; however, this harm would be localised.  The site visit confirmed that the site was well maintained, with a degree of existing screening already in place.  The imposition of appropriate conditions would ensure the development remained suitable for its location whilst mitigating harm and reducing overlooking of neighbouring properties.  Furthermore, the granting of permission would contribute towards meeting the Council’s G&T permanent pitch requirements.   Councillor Stanger moved that the application be GRANTED as per the officer’s recommendation, as detailed within the report, that included the removal of Condition 10 and the addition of four conditions regarding the day room not being used as sleeping accommodation, protection of the dark skies (control of external lighting); planting of appropriate landscaping in front of the metal railings; and painting the entrance gates an appropriate colour / shade consistent with the rural setting.  The wording of the additional conditions to be delegated to officers, in consultation with the Chair of the Planning Committee.  This was seconded by Councillor Gray.  The motion was declared CARRIED (6 for / 1 against / 1 abstention).      DECISION: GRANT (PLANNING PERMISSION)   SCHEDULE OF CONDITIONS:   CONDITION 1 OF RR/2020/1613/P IS REMOVED   CONDITION 2 OF RR/2020/1613/P IS VARIED AS FOLLOWS:   2.          The development hereby permitted shall be carried out in accordance with the following approved drawings: ·        Dwg N°: 2020-080v1-Location, dated 24 September 2021 ·        Dwg N°: 2020-080v2-PropBlock, dated 03 December 2025 ·        Dwg N°: 2020-080v1-DayRoom, dated 22 September 2020 Reason: For the avoidance of doubt and in the interests of proper planning.     CONDITION 3 OF RR/2020/1613/P IS VARIED AS FOLLOWS:   3.          The site shall be occupied as one gypsy or traveller pitch and shall not be occupied by any persons other than gypsies and travellers as defined in Annex 1: Glossary of MHCLG "Planning Policy for Traveller Sites" (December 2024). Reason: The proposed development is only acceptable to meet the district’s identified need for permanent gypsy and traveller sites, in accordance with Policy LHN6 of the Rother Local Plan Core Strategy, the East Sussex Gypsy, Traveller and Travelling Showpeople Accommodation Needs Assessment (May 2022) and Identifying sites for Gypsies, Travellers and Travelling Showpeople in Rother Interim Report (Draft (Regulation 18) Version – January 2026).   CONDITION 4 OF RR/2020/1613/P CONTINUES TO HAVE EFFECT:   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, in accordance with Policy CO6 (ii) of the Rother Local Plan Core Strategy.   CONDITION 5 OF RR/2020/1613/P IS VARIED AS FOLLOWS:   5.          The turning space for vehicles shown on approved Dwg N°: 2020-080v2-PropBlock, dated 03 December 2025, shall 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, in accordance with Policy CO6 (ii) of the Rother Local Plan Core Strategy.   CONDITION 6 OF RR/2020/1613/P IS VARIED AS FOLLOWS:   6.          No more than one static caravan and one tourer, as defined in the Caravan Sites and Control of Development Act 1960 (as amended) and the Caravan Sites Act 1968 (as amended), shall be stationed on the site at any time. Reason: To conserve the landscape and scenic beauty of the High Weald National Landscape, in accordance with Policy EN1 (i) of the Rother Local Plan Core Strategy and Policies DEN1 & DEN2 of the Rother Development and Site Allocations Local Plan.   CONDITION 7 OF RR/2020/1613/P IS VARIED AS FOLLOWS:   7.          No vehicle over 3.5 tonnes in weight shall be stationed, stored or parked on the site and no commercial activities shall take place on the site, including the storage of materials, plant or waste. No burning of materials or waste shall take place on the site. Reason: To preserve the amenities of the locality, in accordance with Policy OSS4 (ii) of the Rother Local Plan Core Strategy.     CONDITION 8 OF RR/2020/1613/P IS VARIED AS FOLLOWS:   8.          The development hereby approved shall be implemented in accordance with the recommendations/measures stated in section 4.2 of the Preliminary Ecological Appraisal for Land to the East of Kingwood Hill (Issue 2 dated 20/09/2022), prepared by Arbtech. Reason: To minimise the impact of the development on biodiversity, in accordance with Policy EN5 of the Rother Local Plan Core Strategy and Policy DEN4 of the Rother Development and Site Allocations Local Plan.   CONDITION 9 OF RR/2020/1613/P IS REMOVED   CONDITION 10 OF RR/2020/1613/P IS REMOVED   ADDITIONAL CONDITIONS (11 to 15)   11.   No development above ground level in respect of the day room hereby permitted shall take place until further details or samples of the materials to be used in the construction of the external surfaces of the day room have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.   Reason: To conserve the landscape and scenic beauty of the High Weald National Landscape, in accordance with Policy EN1 (i) of the Rother Local Plan Core Strategy and Policies DEN1 & DEN2 of the Rother Development and Site Allocations Local Plan.   12.   The day room hereby permitted 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 for the existing gypsy or traveller pitch and to conserve the landscape and scenic beauty of the High Weald National Landscape, in accordance with Policies LHN6 & EN1 (i) of the Rother Local Plan Core Strategy and Policies DEN1 & DEN2 of the Rother Development and Site Allocations Local 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 minimise the impact of the development on the landscape and scenic beauty of the High Weald National Landscape, and local amenity, in accordance with Policies OSS4 (ii) & EN1 (i) of the Rother Local Plan Core Strategy and Policies DEN1 & DEN2 of the Rother Development and Site Allocations Local Plan.    14.   Within three months of the date of this decision, details of a soft landscaping scheme to provide ‘screening planting’ to the southern boundary of the site, and in front of the metal rail fence facing the main road (A28), shall be submitted to and approved in writing by the Local Planning Authority. The soft landscaping scheme shall: a)    specify native tree/plant species found in the High Weald; b)    detail tree/plant sizes, proposed numbers and densities; c)     include a planting specification; and d)    include a timetable for implementation.  The soft landscaping scheme shall be carried out in accordance with the approved details. Any trees or plants that, within a period of 10 years after planting, are removed, die or are seriously damaged shall be replaced by others of the same species, size, number and density as originally approved, unless otherwise agreed in writing by the Local Planning Authority. Reason: To minimise the impact of the development on the landscape and scenic beauty of the High Weald National Landscape, and to safeguard the living conditions of the occupier(s) of the neighbouring residential property ‘Kingwoodland’ to the south, in accordance with Policies OSS4 (ii) & EN1 (i) of the Rother Local Plan Core Strategy and Policies DEN1 & DEN2 of the Rother Development and Site Allocations Local Plan.    15.   Within three months of the date of this decision, the site entrance gates shall be painted a shade of colour appropriate to the rural setting of the site, the details of which shall have first been submitted to and approved in writing by the Local Planning Authority.   Reason: To minimise the impact of the development on the landscape and scenic beauty of the High Weald National Landscape, in accordance with Policy OSS4 EN1 (i) of the Rother Local Plan Core Strategy and Policies DEN1 & 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 (GCN); damage or destroy a breeding or resting place; intentionally or recklessly obstruct access to a resting or sheltering place. Planning permission for a development does not provide a defence against prosecution under this legislation. Should GCNs be found at any stage 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.   NATIONAL PLANNING POLICY FRAMEWORK:  In accordance with Paragraphs 39 and 48 of the National Planning Policy Framework, the Local Planning Authority has worked in a positive and pro-active way with the Applicant and has determined the application having regard to the development plan and material considerations. The application is for a sustainable development, and planning permission is granted.

Date of Decision: June 25, 2026