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In Rother District, 89 dwellings were approved on appeal following officer recommendation, addressing complex living condition concerns such as noise, dust, odour, and light. A crucial decision on how the development impacts operations at the neighbouring Brickworks and Quarry site.
The Inspector found acceptable that a 5m acoustic fence and the provision of appropriate standard glazing to reduce internal noise within the properties affected would be enough. (36-37)
She found that the proposal would not sterilise or prejudice the extraction of the mineral resource at the quarry site. (38-44)
RDC is an authority with 2.79 years supply and is a District with significant land constraints. This is Hashi's third appeal in 4 years for major development sited in one of those few locations where it is possible to meet housing needs.
A huge amount of technical data and evidence was presented.
The costs application was refused, but the Inspector did have some important observations about the role of the Minerals and Waste Planning Authority at the hearing. (9-10). And whilst she found that the Council had acted unreasonably, the hearing could not have been avoided (13-14) and therefore the threshold of awarding costs not met.
Hashi Mohamed appeared on behalf of the developer, Bellway Homes Limited (Julian Goodban)and was instructed by DHA Planning Group (Mark Bewsey and Greg Filmer).
The appeal decision is available here and the cost decision can be accessed here.
