Case 3369884

Willow Wood, 84 Westfield Lane, Westfield, East Sussex, TN37 7NQ

Rother District Council — appeal allowed

Outcome
Allowed
Decision date
16 October 2025
Authority
Rother District Council
Inspector
Francis L
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Other minor developments
Appellant
Mrs Shirley Rockhill
LPA reference
RR/2025/399/P
ONS LPA code
E07000064
Jurisdiction
Transferred
Link status
Not Linked
Start date
13 August 2025

Summary AI

The appeal was allowed for a proposed outbuilding as an annexe to a dwelling, despite concerns about its character and appearance. The inspector considered that the building would be consistent with the aims of the Development and Site Allocations Local Plan 2019 (DaSA) policies.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 Appeal Decision

Willow Wood, 84 Westfield Lane, Westfield, East Sussex, TN37 7NQ — Rother District Council — Appeal Decision Site visit made on 1 October 2025 by L Francis BA (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 16th October 2025 Appeal Ref: APP/U1430/W/25/3369884 84 Westfield Lane, Westfield TN37 7NQ • 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 Mrs S Rockhill against the decision of Rother District Council. • The application Ref is RR/2025/399/P. • The development proposed is “proposed outbuilding as an alternative to garage granted consent under RR/2023/344/P to provide ancillary overspill living accommodation”. Decision 1. The appeal is allowed and planning permission is granted for “proposed outbuilding as an alternative to garage granted consent under RR/2023/344/P to provide ancillary overspill living accommodation” at 84 Westfield Lane, Westfield TN37 7NQ in accordance with the terms of the application, Ref RR/2025/399/P, subject to the conditions in the attached schedule. Preliminary Matter 2. Planning permission was granted for a detached garage building with room in the roof, reference RR/2023/344/P. This remains extant and the appellant presents it as a fallback position.

Page 1 · Chunk 1 Appeal Decision

Willow Wood, 84 Westfield Lane, Westfield, East Sussex, TN37 7NQ — Rother District Council — Appeal Decision Main Issues 3. The main issues are: • whether the appeal proposal would comprise an annexe; and, • the effect of the proposal on the character and appearance of the area. Reasons Annexe 4. The accommodation proposed within the new building would comprise two bedrooms, living space, a bathroom and office. The description of development on the application form and the supporting material for the appeal make it clear that the intended use of the building would be as an annexe to the existing house at 84 Westfield Lane. 5. Policy DHG10 of the Development and Site Allocations Local Plan 2019 (DaSA) prioritises extensions or conversions before new buildings. The Council indicates an extension has already been given planning permission to convert garage space to additional accommodation (reference RR/2023/222/P), and in any event, https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Willow Wood, 84 Westfield Lane, Westfield, East Sussex, TN37 7NQ — Rother District Council — Appeal Decision Appeal Decision APP/U1430/W/25/3369884 the proposed additional accommodation would not meet the definition of an annexe which would typically provide one bedroom, as set out in the supporting text to the policy. 6. Whilst Policy DHG10 takes a sequential approach to proposals for outbuildings, I attach significant weight to the existence of the extant permission for a building of a very similar scale and mass which would contain a garage, with a room above. 7. Although the proposal would provide two bedrooms, there is no specific policy restriction on the number of bedrooms which should be contained in an annexe. The building would be located close to the existing dwelling and it would share the main dwelling’s vehicular access and garden. The evidence before me indicates that the building would be used as additional accommodation for the main dwelling which would support a multi-generational household. 8. Despite the layout of the proposed accommodation therefore, I consider it to be an annexe for use as part of the main dwelling at 84 Westfield Lane. The proposal would be consistent with the aims of DaSA Policy DHG10 insofar as it seeks to control the creation of residential annexes. Character and Appearance 9.

Page 2 · Chunk 3 Appeal Decision

Willow Wood, 84 Westfield Lane, Westfield, East Sussex, TN37 7NQ — Rother District Council — Appeal Decision The proposed two storey building would be located within the front garden of the existing dwelling. Although located in front of the main dwelling, the proposed building would be consistent with the building line of properties to the west. There are also several examples to the east of outbuildings located in front of the main dwellings, on either side of Westfield Lane. 10. Dormer windows are a characteristic of other dwellings in the area, and my attention has also been drawn to other examples of residential outbuildings with dormer windows on Westfield Lane. Whilst the addition of a dormer window would give the building a residential appearance, this in itself would be consistent with the character of the area. I accept that the addition of a dormer, along with the absence of a garage door or car-port would mean that the building might appear, in the words of the Council, ‘overly domestic’, but this does not mean that it would be at odds with the residential character of the area. 11.

Page 2 · Chunk 4 Appeal Decision

Willow Wood, 84 Westfield Lane, Westfield, East Sussex, TN37 7NQ — Rother District Council — Appeal Decision The proposed building would be in line with the dwellings to the west, it would be set back from the pavement, its appearance would be consistent with other dwellings in the area, and it would occupy a similar position within the site to the extant permission. For these reasons, I do not consider the presence of a building in this location, of the form proposed, would be out of character with the surrounding area. 12. In conclusion on this main issue therefore, the proposal would be consistent with the character and appearance of the surrounding area and would be in line with the aims of DaSA policies DEN1 and DHG9(vii) and Rother Local Plan Core Strategy 2014 policies EN3, OSS3 and OSS4(iii) insofar as they require new development to maintain and respect the character and appearance of the local area. Other Matters 13. The proposed fenestration would not directly face neighbouring properties. The scale and mass of the building would match that already approved under the https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 5 Appeal Decision

Willow Wood, 84 Westfield Lane, Westfield, East Sussex, TN37 7NQ — Rother District Council — Appeal Decision Appeal Decision APP/U1430/W/25/3369884 permission reference RR/2023/344/P. Consequently, I see no reason to conclude that there would be any harm to the living conditions of surrounding residential occupiers. 14. The proposed building would not contain a garage. However, there is ample space within the forecourt of the site for vehicular parking and no changes are proposed to the existing vehicular access. I have no evidence before me which would indicate that the proposal would cause harm to highway safety or the ability of future occupiers to park off-street. Conditions 15. The Council has provided some suggested conditions which I have considered against advice in the Framework and Planning Practice Guidance; as a consequence I have amended or omitted some of the suggested wording. I have attached the standard time limit condition (1) and a plans condition (2) as this provides certainty. Condition 3 regarding materials is necessary in the interests of ensuring an appropriate appearance.

Page 3 · Chunk 6 Appeal Decision

Willow Wood, 84 Westfield Lane, Westfield, East Sussex, TN37 7NQ — Rother District Council — Appeal Decision I have amended the wording to the Council’s suggested condition 4 and removed the requirement for the annexe to be occupied by family members only, as this would be difficult to enforce and it is not necessary or reasonable given the condition only allows the building to be used as part of the existing dwelling. The appeal before me does not propose holiday accommodation, and as such I do not consider a condition prohibiting this would be necessary or reasonable. Conclusion 16. For the reasons given above, the appeal should be allowed.

Page 3 · Chunk 7 L Francis

Willow Wood, 84 Westfield Lane, Westfield, East Sussex, TN37 7NQ — Rother District Council — L Francis INSPECTOR https://www.gov.uk/planning-inspectorate 3

Page 3 · Chunk 8 L Francis

Willow Wood, 84 Westfield Lane, Westfield, East Sussex, TN37 7NQ — Rother District Council — L Francis INSPECTOR https://www.gov.uk/planning-inspectorate 3 Appeal Decision APP/U1430/W/25/3369884 Schedule 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 the following approved plans: Location Block Plan- 7561/25/LBP, dated March 2025 Proposed Ancillary Outbuilding- 7561/25/1, dated March 2025. 3. The development hereby permitted shall be carried out in accordance with the external materials/finishes shown on the approved drawings, and shall be maintained as such thereafter. 4. The building hereby permitted shall not be used other than as part of the dwelling known as 84 Westfield Lane, TN37 7NQ. https://www.gov.uk/planning-inspectorate 4

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Character and appearance
Against appellant
¶10

The inspector accepted that the addition of a dormer window would give the building a residential appearance, consistent with the character of the area.

Living conditions
For appellant
¶13

The inspector found that the proposed fenestration would not directly face neighbouring properties, and that the scale and mass of the building would match that already approved.

Policies relied on

Reference Weight
DaSA Policy DHG10
Substantial
DaSA Policy DEN1 and DHG9(vii)
Moderate
Rother Local Plan Core Strategy 2014 policies EN3, OSS3 and OSS4(iii)
Moderate

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 4 pages, issued by the Planning Inspectorate on 16 October 2025 under the Open Government Licence.