Appeal 6007049

The appeal is allowed and planning permission is granted for erection of an agricultural/ forestry building and construction of a farm track. Removal of a teepee tent and compost WC and introduction of one shepherds hut for purposes incidental to the agricultural/ forestry use of the site at [site address] , Campsite, [site address] , Westfield, [site address] [postcode] in accordance with the application [name]/2025/2021/RVC, without compliance with condition number 2 previously imposed on planning permission [name]/2018/888/P dated 28 June 2018 and subject to the following conditions:

The development hereby permitted shall be carried out in accordance with drawings: Location Plan & Existing Block Plan – B131.01 (March 2018) Proposed agricultural forestry building - B131.03 B (October 2025)

The barn hereby permitted shall only be used for the purposes of agriculture and/or forestry as defined in Section 336 of the Town and Country Planning Act 1990 and for the storage of camping equipment in relation to the camping use of the land in accordance with the approved plans, and for no other purpose.

The development shall be carried out in accordance with the protection measures and biodiversity enhancements recommended in the submitted [name], by [name], dated 29 May 2018 (ref 18031)

Within 3 months of the date of this decision, a scheme of works to the glazing of the building’s upper floor windows, to minimise internal light spillage into the night sky, shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall, within 3 months of being approved by the Local Planning Authority, be installed in accordance with the approved details and thereafter be fully retained.

The main issue is the effect of the proposed development on the character and appearance of the building and the wider area with particular regard to the dark skies of the High Weald National Landscape (HWNL).

The appeal site is located within the HWNL. Paragraph 189 of the National Planning Policy Framework (the Framework) sets out that great weight should be given to conserving and enhancing the landscape and scenic beauty of National Landscapes. The outstanding beauty of the HWNL derives from various elements including its tranquillity and dark skies.

The protection of the HWNL is further supported by Policy EN1(i) of the Rother Local Plan Core Strategy 2014 (LPCS) and Policies DEN1 and DEN2 of the Development and Site Allocations Local Plan 2019 (DASA). Other development plan policies seek to protect and conserve the countryside more generally.

Planning Practice Guidance (PPG) refers to the relevance of management plans for National Landscapes for assessing planning applications. Whilst they are not part of the development plan, they can help to set out the strategic context for development and provide evidence of the value and special qualities of these areas. The High Weald AONB Management Plan (HWMP) is therefore a material consideration.

The existing structure is a sizeable building used for agriculture/forestry and the storage of camping equipment. It is coloured black and is of a utilitarian appearance, having been constructed largely from shipping containers. It is thus a building whose appearance is more akin to a modern agricultural building or industrial unit rather than a more traditional agricultural barn or building.

The windows which have been installed are two relatively small, top hung windows on the north-east elevation and a larger, three pane window on the south-west elevation. They are not disproportionate in size to the rest of the building or the gables into which they have been inserted. The frames are of simple design and are coloured to match the building. The handle on the central pane of the southwestern elevation is not overly prominent.

Overall, the windows have an appearance that is compatible with the building’s simple design and aesthetic. I therefore do not find them to be unduly harmful to the character or appearance of the existing building in this location.

At present the appellant proposes to use the upper floor to germinate seeds and grow certain crops. There is not said to be a need for much, if any, artificial lighting as the intended plants grow best in darker conditions. However, this use of the upper floor cannot be guaranteed. Any activity within the lawful use of the building could take place. Thus, all of the windows would have the potential to emit light and this could be possible year-round, which would result in a change to the appearance of the area at night in terms of light spill.

Accordingly, without some mitigation the potential use of the building along with the increase in openings has the potential for the dark skies of the HWNL to be adversely affected from an increase in light spill. This would be contrary to the provisions of the development plan and requirements of the Framework.

In terms of mitigation, the appellant has suggested a restriction on fixed internal lighting. However, this would not prevent temporary or other lighting being used and so would in part be reliant on the actions of future occupiers. [name] acknowledge the appellant’s approach to the management of the site is intended to be as sustainable as possible, including reducing energy consumption, the permission runs with the land and so future users cannot be guaranteed.

The Council has suggested a condition related to the glazing, referring to options such as electromagnetic or smart glass or film. There may of course be other technical options but in general terms a condition which focusses on the glazing itself is a more robust approach to take in maintaining the characteristic dark skies of the HWNL. I have therefore imposed a condition which is based on the approach advocated by the Council. On this basis the overall effect on the landscape and scenic beauty of the HWNL would be acceptable and no harm would be caused to other important aspects of this designated area.

Overall, the proposed development would be consistent with the objectives of the HWMP. It would be in line with the aims regarding the built and natural environment of the district, particularly to the HWNL, as expressed in Policies OSS3(vi), OSS4(iii), RA2(iii), (viii), RA3 (iv), (v), EN1(i) and EN5 of the LPCS and Policies DEN1, DEN2, DEN4 and DEN7 of the DASA.

The PPG makes clear that decision notices for the grant of planning permission under section 73 should also restate the conditions imposed on earlier permissions that continue to have effect. The Council has indicated on the previous planning permission which of the other conditions on the original permission it considered no longer relevant. [name] have no information before me about the status of the remaining condition imposed on the original planning permission, I must proceed on the basis that it remains relevant.

I therefore conclude that the appeal should be allowed and grant a new planning permission, subject to the specified conditions.