16 Heighton Close, BEXHILL-ON-SEA, TN39 3UP

16 Heighton Close, BEXHILL-ON-SEA, TN39 3UP — Rother District Council — Appeal Decision Site visit made on 8 January 2025 by John Dowsett MA DipURP DipUD MRTPI an Inspector appointed by the Secretary of State Decision date: 16 June 2025 Appeal Ref: APP/U1430/W/24/3350176 16 Heighton Close, Bexhill-on-Sea TN39 3UP • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by Miss J Farnham against the decision of Rother District Council. • The application Reference is: RR/2023/627/P. • The development proposed is described as: Erection of new two storey chalet bungalow with access onto Collington Lane West and erection of extension to the existing dwelling. Decision 1. The appeal is allowed, and planning permission is granted for the erection of a new two storey chalet bungalow with access onto Collington Lane West and the erection of an extension to the existing dwelling at 16 Heighton Close, Bexhill-on-Sea, TN39 3UP in accordance with the terms of the application, Reference: RR/2023/627/P, subject to the conditions in the attached schedule. Preliminary Matters 2.

16 Heighton Close, BEXHILL-ON-SEA, TN39 3UP — Rother District Council — Appeal Decision The planning application form described the proposal as ‘Proposed construction of new two storey chalet bungalow on land adjacent to 16 Heighton Close. Proposed extension and alterations to existing dwelling’. The decision notice issued by the Council used the description ‘Erection of new two storey chalet bungalow with access onto Collington Lane West and erection of extension to the existing dwelling’. Whilst this change appears to have been initiated by the Council, the appellant has adopted this on the appeal form. The amended description more accurately represents the totality of the development for which permission was sought and I have, therefore, used that for the purposes of the appeal. 3. In December 2024 the Government published a revised version of the National Planning Policy Framework (the Framework) which replaced the previous version published in 2023. Whilst this made a number of changes to the document, the parts which are relevant to this appeal are restated in the same, or essentially the same, form of words as the previous version and no fundamental changes have been made to those parts.

16 Heighton Close, BEXHILL-ON-SEA, TN39 3UP — Rother District Council — Appeal Decision Comments have not been sought from the parties in respect of the new version of the Framework, however, for the reason set out above, I do not consider that any party has been prejudiced by not doing so. I have determined the appeal having regard to the most recent version of the Framework and any references to it are to the December 2024 version unless otherwise stated. https://www.gov.uk/planning-inspectorate

16 Heighton Close, BEXHILL-ON-SEA, TN39 3UP — Rother District Council — Appeal Decision Comments have not been sought from the parties in respect of the new version of the Framework, however, for the reason set out above, I do not consider that any party has been prejudiced by not doing so. I have determined the appeal having regard to the most recent version of the Framework and any references to it are to the December 2024 version unless otherwise stated. https://www.gov.uk/planning-inspectorate

16 Heighton Close, BEXHILL-ON-SEA, TN39 3UP — Rother District Council — Appeal Decision Appeal Decision APP/U1430/W/24/3350176 Main Issue 4. The main issue in this appeal is the effect of the proposed development on the living conditions of the occupiers of the dwelling at 64 Collington Lane West, with particular regard to light pollution and glare from vehicle headlights. Reasons 5. The appeal site comprises a detached, two storey, house and its associated garden, located at the head of a residential cul-de-sac. The house sits on a large plot but is located at the extreme southern end of the plot with the majority of the garden area extending to the north and bounding Collington Lane West. On the western boundary of the site, a narrow footway runs north between numbers 15 and 16 Heighton Close, joining Heighton Close to Collington Lane West. On the eastern boundary, a second footway runs between number 16 Heighton Close and number 43 Collington Lane West, and links Collington Lane West to Carmel Close to the south. 6. The appeal proposal has two elements. The first consists of the construction of a new dwelling in the northern part of the existing garden area, with the plot for this new dwelling occupying approximately two thirds of the current garden.

16 Heighton Close, BEXHILL-ON-SEA, TN39 3UP — Rother District Council — Appeal Decision A new access would be created to this plot from Collington Lane West, located towards the eastern boundary of the plot. 7. The second element of the scheme is a first floor rear extension to the existing house at 16 Heighton Close located above an existing, flat roofed, ground floor rear addition. This extension would not exceed the footprint of the current ground floor rear addition and would have a pitched roof with the ridge perpendicular to that of the main house. The Council has not raised any objections to this element of the proposal. From what I have read, and from what I saw when I visited the site, I have no reason to find otherwise. 8. The Council has not raised any objection in principle to the proposal for a new dwelling on the site, nor has it raised any objection in terms of highway safety, the effect of the proposal on the character and appearance of the area, drainage, the effect on ecology and trees, or the size and quality of the living accommodation that would be provided by the new dwelling. 9.

16 Heighton Close, BEXHILL-ON-SEA, TN39 3UP — Rother District Council — Appeal Decision The sole area in dispute between the main parties is in relation to the effect on the living conditions of the occupiers of the dwelling at 64 Collington Lane West from the headlights of vehicles egressing from the proposed new dwelling. 10. The vehicular access to the proposed new building plot would be opposite the main façade of number 64 Collington Lane West. The frontage of this house contains a small porch and two windows at ground floor level. From my observations at the site visit, these windows are to a principal habitable room (or rooms, the internal layout of the building is not known). 11. The driveway for the proposed new dwelling would have to cross an area of grass verge approximately 2.5 metres wide before joining the carriageway of Collington Lane West. At this point the carriageway measures 4.5m wide. The distance from the edge of the carriageway outside the appeal site to the frontage of number 64 is approximately 8.2 metres according to the Council. This is not challenged by the appellant. The frontage of number 64 is approximately 2.5 metres from the edge https://www.gov.uk/planning-inspectorate 2

16 Heighton Close, BEXHILL-ON-SEA, TN39 3UP — Rother District Council — Appeal Decision Appeal Decision APP/U1430/W/24/3350176 of the carriageway on the north side of Collington Lane West. A vehicle exiting the appeal site would have to partially drive onto the carriageway before it could begin to turn to travel along the carriageway. The Council calculate that at its closet point during this manoeuvre, the front of a car would be 5 metres from the façade of 64 Collington Lane West. This is also not challenged by the appellant. 12. The appellant suggests that there would only be a short period of approximately 10 seconds, where a vehicle leaving the site would pause to check for oncoming traffic before joining the carriageway, during which headlights would affect the property opposite. Whilst this may be the case, a vehicle leaving the site would also have to traverse the driveway and, if it had been driven into the proposed parking bays in a forward direction, execute a turning manoeuvre within the site in order to join the carriageway in a forward gear. In addition, the lights of a vehicle turning to travel along the main carriageway would also sweep across the façade of number 64 or number 66 Collington Lane West, depending on the direction of travel. 13.

16 Heighton Close, BEXHILL-ON-SEA, TN39 3UP — Rother District Council — Appeal Decision The existing low wall and close boarded timber fence currently present on the boundary of the appeal site with Collington Lane West would be removed and is shown on the submitted drawings as being replaced by a 1.1 metre high post and rail fence. Whilst it is indicated that a mixed native species hedge will be planted behind this fence, this would take some time to establish and the efficacy of the hedge in reducing headlight glare from manoeuvres within the site would be dependent on the aftercare and maintenance of the hedge once it had been planted. 14. Consequently, due to the relative positions of the proposed new access and driveway and the frontage of the house opposite, the distance between them; and the proposed configuration of the development of the appeal site, the headlights of vehicles exiting the site would result in light pollution to the rooms on the ground floor frontage of number 64, and to a lesser extent, of number 66. Due to the proximity and the intensity of light emitted by modern car headlights, the presence of curtains or blinds would not necessarily mitigate this. 15.

16 Heighton Close, BEXHILL-ON-SEA, TN39 3UP — Rother District Council — Appeal Decision That said, whether this light pollution is excessive, or would result in unreasonable harm, is in part determined by the frequency with which it would occur and the duration of the event. The appellant suggests that the proposed development would generate approximately 5 vehicle movements per day, based on survey data from the TRICS1 database. The Council does not dispute this calculation. 16. Nevertheless, the potential for light pollution would only occur at those times when headlights are needed, and the hours of darkness vary depending on the time of year. Intrusive light would be experienced more often during the winter months and less often, if at all, during the late spring/summer/early autumn period when the daylight hours are longer. Given the small number of potential vehicle movements that would be generated by a single house, whilst light pollution would occur, it would be infrequent. It would also be of short duration, being restricted to the time it would take for a vehicle to manoeuvre within the site and join the main carriageway.

16 Heighton Close, BEXHILL-ON-SEA, TN39 3UP — Rother District Council — Appeal Decision Taking these factors together, I consider that whilst there would be a degree of light pollution, due to its infrequency; short duration; and the fact that 1 Trip Rate Information Computer System https://www.gov.uk/planning-inspectorate 3

16 Heighton Close, BEXHILL-ON-SEA, TN39 3UP — Rother District Council — Appeal Decision Taking these factors together, I consider that whilst there would be a degree of light pollution, due to its infrequency; short duration; and the fact that 1 Trip Rate Information Computer System https://www.gov.uk/planning-inspectorate 3

16 Heighton Close, BEXHILL-ON-SEA, TN39 3UP — Rother District Council — Appeal Decision Appeal Decision APP/U1430/W/24/3350176 occurrences would be largely restricted to the winter months, it could not be characterised as either unreasonable, or excessive. 17. The Council has not raised any concerns that the proposal would affect the living conditions of number 64 in any other way, not does it suggest that the occupiers of any other nearby properties would be adversely affected in any manner. 18. I therefore find that the proposed development would not cause harm to the living conditions of the occupiers of the dwelling at 64 Collington Lane West, with particular regard to light pollution and glare from vehicle headlights. It would comply with the relevant requirements of Policy OSS4 of the Rother Local Plan Core Strategy 2014 which requires, amongst other matters, that new development does not unreasonably harm the amenities of adjoining properties. Other Matters 19. There were approximately 48 objections from local residents to the original planning application, and approximately 28 representations were made by interested parties in response to the notification of the appeal. 20. Concerns were raised in respect of the effect of the new dwelling on the character and appearance of the area.

16 Heighton Close, BEXHILL-ON-SEA, TN39 3UP — Rother District Council — Appeal Decision The proposal consists of a primarily single storey building, with rooms within the roof space lit by two dormers on the front elevation and rooflights to the rear roof slope. It would be traditionally constructed, with the external finishes in brick and concrete tiles, and of a relatively simple, contemporary, design. 21. Collington Lane West is comprised of a mix of two storey and single storey houses, predominantly detached properties with a smaller number of semi- detached houses. The houses are of a range of different ages and styles. Walls are generally brick or rendered, or a mix of both, and the dominant roofing material is tiles. Both pitched and hipped roofs are present and more complex roof forms with projecting gables and dormer windows are also present. Whilst there are some commonalities in terms of materials and general design, it is the inherent variety of the architecture and that defines the appearance of the street. Within this context, the proposed new dwelling would not appear incongruous or out of place. 22. The appeal site is located at a transitional point on Collington Lane West where the character of the lane alters.

16 Heighton Close, BEXHILL-ON-SEA, TN39 3UP — Rother District Council — Appeal Decision The eastern section has residential frontages to both sides of the lane with the houses themselves fairly closely spaced. By contrast, the western section of the lane only has residential frontages to the north side with the south side forming the rear boundary to residential properties on Effingham Drive, Hawthorn Avenue and Drayton Rise. The houses to the north of this part of the lane are more widely spaced and the presence of a large number of trees and roadside vegetation to the south side of the lane occludes the rear boundary fences. Consequently, this section of the lane has a much more verdant, open, and less built up appearance. 23. Being located at the transition point between the two parts of the lane, the rear garden area of 16 Heighton Close makes a contribution to the more open character of the western part of the lane through its undeveloped nature, albeit that the openness is partly reduced by the present high fence to the garden. However, the contribution that the appeal site makes to the open character of the western https://www.gov.uk/planning-inspectorate 4

16 Heighton Close, BEXHILL-ON-SEA, TN39 3UP — Rother District Council — Appeal Decision Appeal Decision APP/U1430/W/24/3350176 section of the lane is slight when taken in the overall context, and the appearance of the proposed new dwelling and the proposed site layout would be consistent with the character of the lane to the east of the appeal site. Consequently, although the proposed development would alter the character and appearance of the area, it would not be so significant as to constitute harm. 24. In terms of highway safety, Collington Lane West varies in width and alignment. In the vicinity of the appeal site it is narrow, at approximately 4.5 metres wide. It narrows further just to the east of the appeal site on the frontages of numbers 41, 43, and 60. At this narrowest point only one vehicle at a time can use the carriageway. However, this pinch point is only a short section of the carriageway. 25. At the time of my site visit, in the early afternoon on a weekday, Collington Lane West was very lightly trafficked. I recognise that this is merely a snapshot of the time that I was present in the area and that traffic flows will be different at other times of the day.

16 Heighton Close, BEXHILL-ON-SEA, TN39 3UP — Rother District Council — Appeal Decision Due to the residential nature of the area, there are likely to be greater traffic flows at the morning and evening peak times when residents are travelling to, or returning from, work. However, although there is a slight change in alignment of the carriageway, there is no substantiated evidence which would indicate that the small number of vehicle movements that would be generated by the proposed could not safely be accommodated on Collington Lane West. Forward visibility at the access point is sufficient that a driver emerging from the site would be aware of oncoming vehicles and vice versa. 26. There are no footways to Collington Lane West, although it does have streetlighting. At present pedestrians have to walk on the carriageway. To each side of the appeal site there are footways which link residential streets to the south with Collington Lane West. To the north side of Collington Lane West, just to the east of the appeal site, a Public Right of Way footpath runs generally north to join Firle Road. The proposed new vehicular access to the appeal site would be located close to the footway on the eastern side of the site. From what I saw when I visited the site, these pedestrian links appear to be well used.

16 Heighton Close, BEXHILL-ON-SEA, TN39 3UP — Rother District Council — Appeal Decision The eastern footway and the proposed new access both cross a relatively wide area of verge to join the main carriageway and, consequently, a driver leaving the site and a pedestrian on the footway would be aware of each others presence. No evidence of accidents involving pedestrians has been put to me and there is no compelling evidence that the proposed development would adversely affect the existing conditions with regard to pedestrian safety. I have also noted that the Highway Authority have not raised any objection to the proposal. 27. Concerns have been expressed with regard to the effect of the proposed development on the living conditions of the occupiers of the houses to each side of the appeal site, number 15 Heighton Close and number 43 Collington Lane West, in terms of overlooking and the overbearing effect of the proposal. The proposed new dwelling would be sited forward of the main rear wall of 15 Heighton Close and the front elevation would be approximately level with the front elevation of 43 Collington Lane West. 28. Although the proposed dwelling would occupy most of the width of the plot, no windows are proposed in the side elevations.

16 Heighton Close, BEXHILL-ON-SEA, TN39 3UP — Rother District Council — Appeal Decision Boundary fencing to the site and the existing boundary fencing to the neighbouring properties would prevent any overlooking at ground floor level. Whilst the rear roof slope of the proposed https://www.gov.uk/planning-inspectorate 5

16 Heighton Close, BEXHILL-ON-SEA, TN39 3UP — Rother District Council — Appeal Decision Boundary fencing to the site and the existing boundary fencing to the neighbouring properties would prevent any overlooking at ground floor level. Whilst the rear roof slope of the proposed https://www.gov.uk/planning-inspectorate 5

16 Heighton Close, BEXHILL-ON-SEA, TN39 3UP — Rother District Council — Appeal Decision Appeal Decision APP/U1430/W/24/3350176 dwelling would contain windows, these are proposed as rooflights within the plane of the roof. As a result, there would be no loss of privacy to the adjoining houses. 29. Due to the relative positions of the house at 15 Heighton Close and the proposed new dwelling, the latter would not be visible in views from the rear windows of the former. Although a part of the proposed new dwelling would be noticeable from within the rear garden area of number 15, this would be a single storey element that would not extend the full depth of the building. As this element would not extend to the boundary and would be separated from the neighbouring property by the width of the intervening footway, it would not have an unduly overbearing effect on number 15 Heighton Close. 30. The front elevation of the proposed new dwelling would be level with the main front elevation of 43 Collington Lane West. The latter has a single story addition to its west elevation that is set back behind the main front elevation. A small part of the proposed new dwelling would be visible in oblique views from the window in the front of this addition.

16 Heighton Close, BEXHILL-ON-SEA, TN39 3UP — Rother District Council — Appeal Decision However, the views from that window are also partially occluded by the presence of a tall fence on the boundary of number 43 with the footway to the west. The proposed new dwelling would have a minor effect on the outlook from this one window, but taken overall this effect would not make number 43 as a whole a less pleasant place to live. 31. Concerns were expressed regarding obstruction of the highway during the construction period. Whilst it is inevitable that there might be some disruption during the construction of the proposed dwelling, matters such as delivery and storage of materials, operatives parking, and site working practices could be controlled or mitigated through a Construction Management Plan attached to any grant of planning permission. 32. Rother District Council Development and Site Allocations Local Plan 2019 Policy DHG7 expects that appropriate and proportionate levels of private usable external space will be provided at new residential development. It goes on to say that for dwellings, private rear garden spaces of at least 10 metres in length will normally be required. The rear garden of the proposed new dwelling would be between 8 metres and just over 9 metres in length. 33.

16 Heighton Close, BEXHILL-ON-SEA, TN39 3UP — Rother District Council — Appeal Decision The supporting text to Policy DHG7 sets out that this has a dual purpose, in that, in addition to providing satisfactory levels of amenity space, it also aids the achievement of appropriate separation distances between dwellings to maintain levels of privacy and to prevent a cramped form of development. The supporting text goes on to state that there may be cases where a rear garden of slightly less than 10m in depth may be accepted. These are where an appropriate and proportionate level of private amenity space is provided to the side or front of the dwelling. Whilst the supporting text does not form part of the policy, its function, amongst other matters, is to explain the objectives of the policy and how the policy would be implemented. 34. Whilst the depth of the rear garden area at the proposed new dwelling would not meet the depth expected by Policy DHG7(i), the size of a garden is not solely determined by its depth. The appeal site is approximately 18 metres wide. The resulting area of the proposed rear garden would not be as large as those of some of the older properties to the east.

16 Heighton Close, BEXHILL-ON-SEA, TN39 3UP — Rother District Council — Appeal Decision Nevertheless, it would be comparable in area to the size of the rear garden areas at numbers 10 to 15 Heighton Close and many of https://www.gov.uk/planning-inspectorate 6

16 Heighton Close, BEXHILL-ON-SEA, TN39 3UP — Rother District Council — Appeal Decision Nevertheless, it would be comparable in area to the size of the rear garden areas at numbers 10 to 15 Heighton Close and many of https://www.gov.uk/planning-inspectorate 6 Appeal Decision APP/U1430/W/24/3350176 the more recent properties nearby. I am also mindful that the Council have not raised any objections to either the area of the proposed rear garden, or in terms of separation distances. Consequently, the proposal would in, my view, provide appropriate and proportionate private amenity space and there would not be a conflict with Policy DHG7. 35. The potential for precedent, particularly with regard to the provision of new access points to Collington Lane West, was also raised. A generalised fear of precedent is not sufficient reason to withhold planning permission. In any event, any future applications that may involve a new access to Collington Lane West would have to be considered on their own merits. 36. The planning application was made before 12 February 2024 and, therefore, is not subject to the requirement for mandatory Biodiversity net gain.

16 Heighton Close, BEXHILL-ON-SEA, TN39 3UP — Rother District Council — Appeal Decision The Council did identify that the appeal site had some biodiversity value, however, it was also satisfied that subject to planning conditions relating to landscaping, a biodiversity method statement, and appropriate treatment of a possible badger sett, the site could be developed in a manner that would deliver a measurable biodiversity net gain. There is no substantive evidence that would lead me to find otherwise. 37. It is common ground that the Council cannot demonstrate a deliverable 5 year supply of housing land with the current supply being on 3.09 years. As a result, Paragraph 11(d) of the Framework is engaged. The proposal would bring some small scale benefits in terms of adding to the supply of housing and the economic benefits from investment in the construction and supporting employment of construction workers and tradesmen during the construction period. 38. No policies in the Framework that protect areas or assets of particular importance have been identified by any of the parties. Nor have I found that the proposed development would have any adverse impacts that would significantly and demonstrably outweigh the, albeit small scale, benefits of the proposal. Conditions 39.

16 Heighton Close, BEXHILL-ON-SEA, TN39 3UP — Rother District Council — Appeal Decision I have had regard to the list of conditions which has been suggested by the Council. Where necessary, I have amended the wording of the conditions to make it clear which element of the proposed development the condition relates to, or to make the condition clearer. A number of the conditions are pre-commencement conditions. The appellant has agreed to the imposition of these conditions. 40. In order to provide certainty in respect of what has been granted permission, I have attached a condition specifying the approved drawings. The condition suggested by the Council included two documents, the Preliminary Ecological Appraisal and the Preliminary Ecological Appraisal Addendum. I have omitted the reference to these two documents, because a requirement to carry out the development in accordance with these is insufficiently precise to determine what is required in order to comply and, in any event, the operative requirements in respect of biodiversity and an ecological design strategy form the subject of separate conditions. 41. The Preliminary Ecological Appraisal lists two invasive plant species on Schedule 9 to the Wildlife and Countryside Act 1981 as being present on-site; montbretia and rhododendron.

16 Heighton Close, BEXHILL-ON-SEA, TN39 3UP — Rother District Council — Appeal Decision The Appraisal provides no further information/mitigation for these species. Where any of these plants would be impacted by works, https://www.gov.uk/planning-inspectorate 7

16 Heighton Close, BEXHILL-ON-SEA, TN39 3UP — Rother District Council — Appeal Decision The Appraisal provides no further information/mitigation for these species. Where any of these plants would be impacted by works, https://www.gov.uk/planning-inspectorate 7

16 Heighton Close, BEXHILL-ON-SEA, TN39 3UP — Rother District Council — Appeal Decision Appeal Decision APP/U1430/W/24/3350176 appropriate control measures should be put in place, including their correct handling, storage and disposal. Additionally, potential habitat for protected species has been identified that requires appropriate protection or mitigation during the construction period. In order to prevent the spread of invasive species and to protect habitats, it is necessary to impose a condition requiring a method statement for addressing these matters to be approved. 42. Policy EN5 of the Rother Local Plan Core Strategy 2014 and the National Planning Policy Framework expect developers to integrate biodiversity into development proposals and provide providing net gains for biodiversity. The application proposals do not provide full details of this. Consequently, it is necessary to require the submission and subsequent implementation of an ecological design strategy to ensure that this is achieved. 43. The appeal site is in proximity to residential properties and adjacent to a relatively narrow section of road that serves other properties.

16 Heighton Close, BEXHILL-ON-SEA, TN39 3UP — Rother District Council — Appeal Decision It is necessary to regulate the construction related activities through a Construction Management Plan to minimise the effects of the works on the occupiers of nearby residential properties and to ensure that the works do not obstruct, or compromise, the safe operation of the highway. 44. The appeal site is within the Pevensey Levels hydrological catchment area, which has particular drainage requirements that are necessary to mitigate surface water and water quality concerns within the designated Pevensey Levels Ramsar site. There is little information within the application in respect of the proposed drainage arrangements, in particular with regard to surface water disposal. Due to the lack of information in respect of either foul or surface water drainage, it is necessary to impose a condition requiring details of such to be submitted for approval and subsequently implemented. 45. The planning application does not specify precisely what materials are proposed for either the proposed extension or for the new dwelling. In the interests of the appearance of the area, it is necessary to require details of the proposed materials to be used on the new dwelling to be submitted for approval.

16 Heighton Close, BEXHILL-ON-SEA, TN39 3UP — Rother District Council — Appeal Decision The Council’s suggested condition in respect of the proposed extension requires the construction of the external surfaces to be as described within the application. I have amended this to require the materials to be used to match those of the existing house. 46. The Council has adopted the Optional Building Regulations in respect of accessible and adaptable homes and water efficiency as set out in Policies DHG4 and DRM1 of the Rother District Council Development and Site Allocations Local Plan. The relevant information in respect of how these will be achieved is not present in the application and it is, therefore, necessary to impose conditions that require compliance with these requirements. 47. In order to ensure that an appropriate and safe access is provided to the new dwelling, it is necessary to impose a conditions requiring the vehicular access to be provided as approved prior to the dwelling being occupied. 48. The application contains only limited details of arrangements for the parking and turning of vehicles at the new dwelling and no details of cycle parking facilities.

16 Heighton Close, BEXHILL-ON-SEA, TN39 3UP — Rother District Council — Appeal Decision To ensure that appropriate provision for off street parking is provided and to facilitate the use of alternative means of transport, it is necessary to impose conditions https://www.gov.uk/planning-inspectorate 8

16 Heighton Close, BEXHILL-ON-SEA, TN39 3UP — Rother District Council — Appeal Decision To ensure that appropriate provision for off street parking is provided and to facilitate the use of alternative means of transport, it is necessary to impose conditions https://www.gov.uk/planning-inspectorate 8

16 Heighton Close, BEXHILL-ON-SEA, TN39 3UP — Rother District Council — Appeal Decision Appeal Decision APP/U1430/W/24/3350176 requiring the details of these to be provided for approval and subsequently implemented. 49. In order to facilitate transition to less polluting vehicles, and to comply with the requirements of Policy TR3 of the Rother Local Plan Core Strategy, it is necessary to include a condition requiring the provision of an electric vehicle recharging point at the new dwelling. 50. There are two trees within the site which it is proposed would be retained post development. To ensure that these trees are not damaged during the construction period it is necessary to impose a condition requiring that the tree protection details outlined in the submitted Tree Survey and Arboricultural Impact Assessment are implemented. 51. The Council has suggested that in order to prevent overlooking, the proposed rooflights on the rear roof slope of the new dwelling should be obscure glazed. However, from the submitted drawings, these rooflights would appear to be located above average head height and are parallel to the plane of the roof. As a result, it is extremely unlikely that there would be opportunities for casual overlooking of neighbouring properties. I have, therefore, omitted that condition. 52.

16 Heighton Close, BEXHILL-ON-SEA, TN39 3UP — Rother District Council — Appeal Decision The Council has also suggested a condition which would remove the permitted development rights in respect of extensions, roof enlargements, and outbuildings set out in the Town and Country Planning (General Permitted Development) (England) Order 2015. Paragraph 55 of the Framework sets out that planning conditions should not be used to restrict national permitted development rights unless there is clear justification to do so. The Council’s stated reason for the condition is to maintain the character and appearance of the locality and ensure that sufficient private external amenity space is preserved. 53. The appeal site is not within a conservation area and neither the Planning Officer’s report to Committee, nor the Council’s appeal statement raise concerns regarding the character and appearance of the locality or the adequacy of external amenity space. Nor do they give any indication of what harms would arise through the exercise of the permitted development rights in the future. Based on the evidence put to me, I am not persuaded that there is a clear justification to restrict the operation of permitted development rights at the new dwelling and, consequently, have not imposed that condition. Conclusion 54.

16 Heighton Close, BEXHILL-ON-SEA, TN39 3UP — Rother District Council — Appeal Decision I have found that the proposal would comply with the relevant requirements of the development plan for the area and no material considerations have been identified which would indicate that a decision should be made other than in accordance with the development plan. For the above reasons, I conclude that the appeal should be allowed.

16 Heighton Close, BEXHILL-ON-SEA, TN39 3UP — Rother District Council — John Dowsett INSPECTOR https://www.gov.uk/planning-inspectorate 9

16 Heighton Close, BEXHILL-ON-SEA, TN39 3UP — Rother District Council — John Dowsett INSPECTOR https://www.gov.uk/planning-inspectorate 9 Appeal Decision APP/U1430/W/24/3350176 Schedule of conditions 1) The development hereby permitted shall begin not later than three years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with drawing nos: 22.456/01 – Existing Floor Plans, Elevations and Site Location Plan; 22.456/02 - Proposed Floor Plans, Elevations & Block Plan (extension); 22.456/03B - Proposed Floor Plans, Elevations & Site Block Plan (new dwelling); 22.456/04B - Proposed Street Scene; and 22.456/05A - Hard & Soft Landscaping Plan 3) No development shall take place (including any demolition, ground works, site clearance and destructive enhancement/restoration measures) in connection with the dwelling hereby approved until a method statement for invasive plants (where their spread could be caused), reptiles, and badgers has been submitted to, and approved in writing by, the Local Planning Authority.

16 Heighton Close, BEXHILL-ON-SEA, TN39 3UP — Rother District Council — John Dowsett The content of the method statement shall include the: a) purpose and objectives for the proposed works; b) detailed designs and/or working methods necessary to achieve stated objectives (including, where relevant, the type and source of materials to be used); c) extent and location of proposed works shown on appropriate scale maps and plans; d) timetable for implementation, demonstrating that works are aligned with the proposed phasing of construction; e) persons responsible for implementing the works; f) initial aftercare and long-term maintenance (where relevant); and g) disposal of any wastes arising from the works. The works shall be carried out in accordance with the approved details and shall be retained in that manner thereafter. All ecological measures and/or works shall be carried out in accordance with the details contained in the Preliminary Ecological Appraisal Addendum 1 (Mayhew Consultancy Ltd, October 2023) and Hard and Soft Landscaping Plan (House Design and Architecture Drawing Number: 22.456/05A).

16 Heighton Close, BEXHILL-ON-SEA, TN39 3UP — Rother District Council — John Dowsett 4) No development shall take place in connection with the dwelling hereby approved until an ecological design strategy (EDS) providing planting details of the green wall and grasscrete and specification for hedgehog holes and bird and bat bricks/boxes has been submitted to, and approved in writing by, the Local Planning Authority. The content of the EDS shall include the following: a) the purpose and conservation objectives for the proposed works; b) review of site potential and constraints; c) detailed designs and/or working methods to achieve stated objectives; d) the extent and location /area of proposed works on appropriate scale maps and plans; e) the type and source of materials to be used where appropriate, e.g. native species of local provenance; https://www.gov.uk/planning-inspectorate 10

16 Heighton Close, BEXHILL-ON-SEA, TN39 3UP — Rother District Council — John Dowsett Appeal Decision APP/U1430/W/24/3350176 f) a timetable for implementation demonstrating that works are aligned with the proposed phasing of development; g) the persons responsible for implementing the works; h) details of initial aftercare and long-term maintenance; i) details for monitoring and remedial measures; and j) details for disposal of any wastes arising from works. The EDS shall be implemented in accordance with the approved details and all features shall be retained in that manner thereafter. All ecological measures and/or works shall be carried out in accordance with the details contained in the Preliminary Ecological Appraisal Addendum 1 (Mayhew Consultancy Ltd, October 2023) and Hard and Soft Landscaping Plan (House Design and Architecture Drawing Number: 22.456/05A). 5) No development shall take place, including any ground works or works of demolition, in connection with the dwelling hereby approved until a Construction Management Plan has been submitted to, and approved in writing by, the Local Planning Authority. Thereafter, the approved Plan shall be implemented and adhered to in full throughout the entire construction period.

16 Heighton Close, BEXHILL-ON-SEA, TN39 3UP — Rother District Council — John Dowsett The Plan shall provide details as appropriate including, but not restricted to, the following matters: a) the anticipated number, frequency and types of vehicles used during construction; b) the method of access and egress and routeing of vehicles during construction; c) the parking of vehicles by site operatives and visitors; d) the loading and unloading of plant, materials, and waste; and e) the storage of plant and materials used in construction of the development. 6) No development shall take place in connection with the dwelling hereby approved until full details of the proposed foul and surface water drainage system have been submitted to, and approved in writing by, the Local Planning Authority. Those details shall incorporate at least two stages of suitable treatment, to prevent off-site flooding as a result of the development and to preclude harmful impacts on the Pevensey Levels Hydrological Catchment Area. The new dwelling shall not be occupied until the drainage works to serve the development have been provided in accordance with the approved plans and details.

16 Heighton Close, BEXHILL-ON-SEA, TN39 3UP — Rother District Council — John Dowsett 7) No development above ground level shall take place in connection with the dwelling hereby approved until details of all external facing materials have been submitted to, and approved in writing by, the local planning authority. The development shall be carried out in accordance with the approved details. 8) The external materials of the extension hereby permitted shall match those used in the existing building. 9) The dwelling hereby permitted shall not be occupied until it has been constructed in accordance with Part M4(2) (accessible and adaptable dwellings) of Schedule 1 of the Building Regulations 2010 (as amended) for access to and use of buildings. https://www.gov.uk/planning-inspectorate 11

16 Heighton Close, BEXHILL-ON-SEA, TN39 3UP — Rother District Council — John Dowsett 7) No development above ground level shall take place in connection with the dwelling hereby approved until details of all external facing materials have been submitted to, and approved in writing by, the local planning authority. The development shall be carried out in accordance with the approved details. 8) The external materials of the extension hereby permitted shall match those used in the existing building. 9) The dwelling hereby permitted shall not be occupied until it has been constructed in accordance with Part M4(2) (accessible and adaptable dwellings) of Schedule 1 of the Building Regulations 2010 (as amended) for access to and use of buildings. https://www.gov.uk/planning-inspectorate 11

16 Heighton Close, BEXHILL-ON-SEA, TN39 3UP — Rother District Council — John Dowsett Appeal Decision APP/U1430/W/24/3350176 10) The dwelling hereby approved shall meet the requirement of no more than 110 litres per person per day water efficiency set out in Part 3 of Schedule 1 of the Building Regulations 2010 (as amended) for water usage. The dwelling hereby permitted shall not be occupied until evidence has been submitted to, and approved in writing by, the Local Planning Authority to demonstrate that the dwelling has been constructed to achieve water consumption of no more than 110 litres per person per day. 11) The new dwelling hereby approved shall not be occupied until the vehicular access serving the development and incorporating visibility splays of 2.4m by 43m in both directions, has been constructed in accordance with the approved plans. Thereafter the visibility spays shall be maintained free of obstructions above the height of 600mm. 12) The new dwelling hereby approved shall not be occupied until a parking and turning area has been provided in accordance with details which shall have been submitted to, and approved in writing by, the Local Planning Authority in consultation with the Highway Authority.

16 Heighton Close, BEXHILL-ON-SEA, TN39 3UP — Rother District Council — John Dowsett The parking spaces shall measure at least 2.5m by 5m, and the area shall thereafter be retained for that use and shall not be used other than for the parking of motor vehicles. 13) The new dwelling hereby approved shall not be occupied until a secure and covered cycle parking area with space for at least 2 bicycles has been provided in accordance with a scheme which shall have been submitted to, and approved in writing by, the Local Planning Authority in consultation with the Highway Authority. Thereafter the area shall be retained for that use and shall not be used other than for the parking of cycles. 14) The new dwelling hereby approved hereby permitted shall not be occupied until an Electric Vehicle (EV) charging point has been provided in accordance with details which have been submitted to, and approved in writing by, the Local Planning Authority. The EV charging point shall thereafter be retained.

16 Heighton Close, BEXHILL-ON-SEA, TN39 3UP — Rother District Council — John Dowsett 15) The development hereby permitted shall be carried out in accordance with the tree protection measures inscribed within the recommendations of section 11 of the Arboricultural Impact Assessment – AR/123122, dated December 2022 and the protective fencing shall be erected prior to any construction on site and shall remain in situ for the entire period of construction. https://www.gov.uk/planning-inspectorate 12