Inquiry held on 4, 5, 6 and 7 December 2012Site visit made on 7 December 2012
by Frances Mahoney DipTP MRTPI IHBC
an Inspector appointed by the Secretary of State for Communities and Local GovernmentDecision date: 30 January 2013
Appeal Ref: APP/U1430/A/06/2030466Gullivers Bowls Club, Knole Road, Bexhill-on-Sea
The appeal is made under section 78 of the Town and Country Planning Act 1990against a refusal to grant planning permission.
The appeal is made by Churchill Retirement Living against the decision of Rother DistrictCouncil.
The application Ref RR/2006/2226/P, dated 2 August 2006, was refused by notice dated12 October 2006.
The development proposed is the redevelopment to form 41 sheltered apartments forthe elderly, car parking, landscape and access and new outdoor bowls green, indoorrink, club facilities and car park.
This decision supersedes that issued on 22 August 2007. That decision on the appealwas quashed by order of the High Court.
The appeal is dismissed.
2. This appeal was first heard by way of an Inquiry held by another Inspector on17, 18 & 19 July 2007. His decision, dated 22 August 2007, was the subject of an application to the High Court by a Rule 6 Party and, on 29 May 2008, theCourt ordered, by consent, that the decision be remitted to the Secretary of State for re-hearing and determination. The Secretary of State then producedan environmental impact assessment direction screening dated July 2009,which concluded that the development was not likely to have significant effectson the environment. The screening direction was subject to a High Courtchallenge. However, the Court refused to quash the decision of the Secretaryof State in respect of the screening. Following an appeal to the Court of Appealthe appeal was dismissed. As a result this case has now fallen to me todetermine, based on the submitted evidence and all that I heard and saw atthe Inquiry held on the 4 – 7 December 2012.3. At the Inquiry, 2 sets of revised plans were proffered by the appellantcompany. The first was alternative elevation details of the sheltered blockwhich, in essence, involved a change in the roof pitch and configuration; theintroduction of different external finishes, along with front balconies and baywindows. The plans, dated 2009, also included the re-design of the bowls clubbuilding and indoor bowls green, which would be set down into the sitereducing the ground level at the northern end of the appeal site. The secondset (2012) was a comprehensive re-design of the sheltered housing building