Rother District Council Agenda Item: 7.1 s1

Rother District Council Agenda Item: 7.1

Committee - Planning Date - 17 December 2009 Report of the - Director of Services Subject - Appeals

Recommendation: It be RESOLVED that the report be noted.

APPEALS ALLOWED

RR/2008/3343/P Moon Cottage – field at, Humphreys Farm, Friars Hill, Guestling – Mr A Marchant Change of use of land and erection of shed in connection with silenced air rifle shooting into field (retrospective application).

APPEALS DISMISSED

RR/2009/428/P 5 Glengorse Battle – Mr H Symonds Enlarged deck with recycling and garden furniture store below subsequent to application RR/2007/2071/P, appeal reference APP/U1430/A/08/2065632 and application RR/2008/3392/P.

RR/2009/625/P 12 Old Manor Close, Bexhill – Mr M Adams Ground and first floor rear extensions

RR/2009/107/P Greenbanks, High Street, Etchingham – Cedar Grange Equity Ltd Demolition of part of existing dwelling. Erection of two detached dwellings with access, car parking and turning facilities.

APPEALS LODGED

ENF/TIC/2009/874 Tolhurst Barn, Upper Tolhurst, Birchetts Green Lane, Ticehurst – Mr & Mrs Kensell Breach of conditions RR/2004/2195/P and RR/2004/2456/L (the barn) and RR/2004/370/P and RR/2004/3106/L (the byre) – Enforcement notice appeal

ENF/TIC/2009/874 Tolhurst Barn, Upper Tolhurst, Birchetts Green Lane, Ticehurst – Mr & Mrs Kensell Breach of conditions RR/2004/2195/P and RR/2004/2456/L (the barn) and RR/2004/370/P and RR/2004/3106/L (the byre) – Listed building enforcement notice appeal

pl091217 – Appeals 1 RR/2009/1811/P Hawkshaw, Lydd Road, Camber – Mr G Porteous Retention of touring caravan for occasional recreational use. No one stay to exceed 28 days.

RR/2009/1606/P White Nook, Eight Acre Lane, Three Oaks, Guestling – Mr M Morgan Ground floor extension and reforming roof to provide 2 additional bedrooms and a bathroom within the roof.

RR/2009/2002/P 5 New Coastguard Cottages, Toot Rock, Pett - L Hall & P Clements Alterations to south slope roof dormer to provide inset roof balcony.

ENF/BOD/2000/904 Northlands House, Bodiam – Darren James Page Use of land for operating a horse transport business including parking of a vehicle (enforcement notice appeal)

RR/2009/1954/P Wych Hazel, Cackle Street, Brede – Mr M Bilsby Erection of two 3-bedroom houses with on-siting parking and alteration to existing access.

RR/2009/897/L Shoreham Cottage, Hastings Road, Northiam – Mr Bob Pyke To remove bread oven from dining room.

FORTHCOMING INQUIRIES

Wednesday 16 December 2009 at the Town Hall, Bexhill on Sea TN39 3JX starting at 10:00am

ENF/TIC/2006/90 Ballards Wood, Rosemary Lane, Flimwell, Ticehurst Change of use of land from agriculture/forestry to a mixed use comprising agriculture/forestry and the storage of plane, vehicles, scaffolding, building materials and equipment (enforcement notice appeal)

HIGH COURT CHALLENGES

RR/2004/462/O The Saltings, Harbour Road, Rye – Rastrum Ltd Industry/warehousing/wharfage, marina and waterside housing, yacht club and public facilities in accordance with RR/79/0400 and RR/84/0498 - Allowed

0n 4 February 2009 a successful challenge was lodged by Rastrum Ltd against the decision made on 31 July 2007 by the Inspector appointed by the Secretary of State to dismiss the appeal.

The Secretary of State for Communities and Local Government was given leave to appeal to the Court of Appeal. On 11 November 2009 the Court of Appeal set aside the High Court's judgment of 4 February 2009 and reinstated the Inspector's decision.

pl091217 – Appeals 2 RR/2006/3470/P Wylands International Angling Centre, Powdermill Lane, Catsfield/Battle – Mr Bull Renewal of outline consent RR/98/2292/P for the erection of 15 fisherman's cabins, facilities building, workshop/store, new dwelling and conversion of two existing dwelling into one, also resiting of access

Mr M Parker (Rule 6.6 party) was unsuccessful when he exercised his right to challenge the decision made on 11 December 2008 by the Inspector appointed by the Secretary of State for Communities and Local Government to allow the appeal. The High Court judgement may be viewed on the Planning website.

Mr M Parker has been refused leave to appeal to the Court of Appeal on the papers against the High Court judgement. An oral application for Leave to Appeal will be heard in the Court of Appeal on 17 December 2009.

RR/2006/2226/P Bowling Green, Knowle Road, Bexhill – Churchill Retirement Living Redevelopment to form 41 sheltered apartments for the elderly, car parking, landscape and access and new outdoor bowls green, indoor rink, club facilities and car parking including alteration to existing and formation of new vehicular accesses.

Anne Marie Loader (Rule 6.6 Party) was successful in her challenge to have the original appeal decision quashed in the High Court. The appeal was scheduled to be reheard at a new Inquiry.

Anne Marie Loader has applied for Judicial Review following the Secretary of State for Communities and Local Government’s direction that the proposal is not development under the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999. The case will be heard on 11 March 2010.

Anthony Leonard Director of Services

pl091217 – Appeals 3