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Appeal Decision

DCS Ref: 100-066-126

Hearing

Year of Decision: 2010

Inspector: J PAPWORTH


County: EAST SUSSEX

Summary of Decision: DISMISSED


Description:
10 earth sheltered eco homes, development of green open space buffer adjacent 70's flat development within settlement. No housing land supply objection. previous appeal for residential development dismissed. Harm to green character & appearance of area and, therefore, buffer function from domestic use of earth shelter surface due to inadequate provision of private amenity space.

Abstract:
An inspector acknowledged that a terrace of 10 earth sheltered eco-homes in east Sussex was an innovative approach to urban housing but found that it would not be as inconspicuous as claimed. The site was within a settlement but the inspector opined that the site had an unspoilt natural character and provided an important visual, undeveloped break between two areas of residential development. He noted that previous inspectors had found conspicuous development unacceptable. However, he acknowledged that the dwellings would be built below a new finished ground level and reasoned that the main issue was the degree to which the development would maintain the features and functions of the site. It appeared to him that there would be very limited open space and what there was would be hemmed in and lacking much view or even sunlight. He anticipated that land above ground would be used for garden activities such as clothes drying and sitting out. A condition could be attached to prevent such use but would need to be rigorously policed and would be of little use in deterring a child wishing to play on the inviting expanse of roof, he held. He was therefore concerned that conspicuous physical barriers would be necessary to prevent access and to guard the abrupt drops. The inspector concluded that there were fundamental questions unanswered in the outline application but on the information before him concluded that the character and appearance of the buffer zone would be compromised.


COMPASS Index Terms

Issue Codes
066 Previous refusal of Planning Permission on same site is discussed, especially where later appeal is allowed
114 Loss of other garden space/green lung/general sense of spaciousness
200 Housing need/supply calculations
443 Green Barrier.
76 Private amenity space
 
Development Codes
513 Low impact/Eco friendly dwelling(s)
 
Appeal Codes
002 Outline
 
Unit Codes
13 10-49 houses
 
Proposal Codes
00 Greenfield
 
Site Codes
08 Residential suburban - Post August 06 cases