Rother District Council Agenda Item: 7.1

Report to - Planning Committee

Date - 23 August 2012

Report of the - Director of Services

Subject - Appeals

Recommendation: It be RESOLVED that the report be noted.

Head of Service: Tim Hickling

APPEALS LODGED

RR/2011/2312/P Moon Marine, Rock Channel, Rye – Mr E C Moon

Variation of condition 5 imposed on RR/2010/1582/P – allow

replacement of portacabin instead of removal.

RR/2012/454/P Site of Raynehurst, Whitbread Lane, Beckley – Mr Walker

Variation of condition 2 (plans) imposed on RR/2010/2958/P

- car ports have been infilled with brickwork and a door added.

RR/2012/876/P Richards Hill, Powdermill Lane, Battle – Mr L Taylor

Conversion of garage and store to self-contained annexe, for

short term holiday letting.

RR/2012/437/P Little Meechings, Heathfield Road, Burwash – Mr and Mrs R

Watkinson

First floor addition to existing rear addition, single storey addition to living room, internal alteration, replacement porch to site and terrace area at first floor level to rear.

RR/2012/1001/P 82 Shrub Lane, Burwash – Mr K Barber

Proposed new garage.

ENF/BRE/2012/251 Wych Hazel, Cackle Street, Brede – Mr M Bilsby

Untidy site.

APPEALS ALLOWED

ENF/BOD/2007/651 Bramble Cottage, Sandhurst Road, Bodiam – Mr C R White

Residential caravan.

ENF/BOD/2007/651 Bramble Cottage, Sandhurst Road, Bodiam – Mrs V M White

Residential caravan.

RR/2011/1758/P Burgham Farm, Sheepstreet Lane, Etchingham – Mr and Mrs R Newington

Demolition of dutch barn. Erection of single storey holiday cottage and parking.

APPEALS DISMISSED

ENF/CAT/2005/139 Wylands International Angling Centre, Powdermill Lane, Catsfield – Wyland International Angling Centre

The creation of a new lake to the north of House Lake; the enlargement of House Lake by removing part of the island; provision of a dam structure between House Lake and the new lake: provision of paths and hard surfaced angling stations around House Lake.

RR/2011/679/P Rothersby, 54 Lydd Road, Camber – Mr D Turvey

Siting of caravan.

ENF/FAI/2010/653 Holly Lodge, Cliff Way, Fairlight – Mr J E Jolley

Erection of raised timber decking.

RR/2011/682/P 1 Hillcrest Avenue, Bexhill – Mrs H Easton

Demolition of existing garage, sub-division of existing plot at

1 Hillcrest Avenue and construction of new single storey dwelling.

APPEAL WITHDRAWN

RR/2011/1876/O Former Royal Oak – Land at, Main Street, Beckley.

Lawful use re RR/2003/3300/P – Allowed on Appeal – Providing erection of 7 Cottages with garages, parking, access, landscaping and associated works.

HIGH COURT CHALLENGES

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 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. She was given leave to pursue an additional challenge to the determination of the Secretary of State, under the Environmental Impact Regulations. The High Court Hearing was held on 27 May 2011. The Hon. Mr Justice Lloyd Jones in his judgement dated 28 July 2011, upheld the Secretary of State for Communities and Local Government’s direction, issued on 7 July, 2009, that the proposal was not development under the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999. Solicitors acting for Anne Marie Loader sought leave to appeal this decision to the Court of Appeal. The application for leave to appeal was allowed and a hearing took place on 23 May 2012; Judgement has now been given in favour of the Secretary of State and the Public Inquiry has been remitted for redetermination. It has been rescheduled for 4 days commencing 4 December 2012.

RR/2011/583/P Bumpkin Shaw, Rock Lane, Guestling.

An application for Judicial Review has been commenced by Mr J and Mrs V Kent alleging failure of enforcement and failure to report planning application. The claim was considered by Mr Justice Wyn Williams on 26 August and permission to proceed was refused for the following reasons:

· The claim was issued on 28 June 2011. The Judge was unable to identify any apparently unlawful decision or unlawful failure to act in the 3 months before that date.

· The allegations of unlawful conduct or unlawful failure to act prior to 29 March, 2011 are very generalised and it is impossible to identify clear and unambiguous allegations of illegality.

· The Council could not respond meaningfully to the generalised complaints made.

The Claimants were advised, if they wished to renew the application, that they set out in a document in advance: the decisions/failures about which they complain, the dates thereof and the legal basis for their assertion that the Council has acted unlawfully. Fresh proceedings have been commenced.

ENT/TIC/2009/57 Forest Edge Hotel, London Road, Flimwell.

An application for Judicial Review of the Secretary of State’s decision to uphold the enforcement notice requiring the discontinuance of the land as a caravan site was refused in the High Court on 19 July 2012.

FORTHCOMING HEARINGS/INQUIRIES

RR/2011/1500/P Cherry Tree Nursery, The Mount, Flimwell, Ticehurst.

Retention of residential mobile home without complying with conditions 1, 2 & 3 (temporary 1 year consent) on RR/2012/1121/P

Informal Hearing on 29 August 2012.

For further details please contact Mr J Waite on 01424 787660.

ENF/EWH/2008/11 Upper Morgay Wood, Junction Road, Ewhurst.

Without permission the erection of a timber chalet.

Informal Hearing on 4 September 2012.

For further details please contact Mr J Waite on 01424 787660.

RR/2006/2226/P Bowling Green, Knole Road, Bexhill.

Public Inquiry on 4 December 2012.

For further details please contact Mr J Waite on 01424 787660.

Anthony Leonard

Director of Services

pl120823 - Appeals