Black Cottage, Henley Down, Catsfield (holiday-let rooflight glazing condition)

appeal 6009677·Rother·21 September 2026allowed
Decision
allowed, 21 September 2026
Decided by
Planning Inspector: Thomas Courtney
Authority
Rother (South East)
Appeal reference
6009677
Application reference
RR/2025/2135/FULL
Procedure
written representations
Development
Appeal against condition 4 (electrochromic/smart glazing to rear rooflights) on permission for garage-to-holiday-let conversion in the High Weald National Landscape
Site context
open countryside, national landscape
Green Belt
No
Framework applied
August 2026 NPPF
Determinative policies
DM6, N4, P3
Development plan policies
Rother Core Strategy 2014 EN1, EN5, DaSA Local Plan 2019 DEN1, DEN2, DEN7, High Weald AONB Management Plan DS1, DS2
Main issues
necessity of dark-skies condition

Summary

The appeal was against a condition requiring electrochromic or smart glazing in the rear rooflights of a holiday let in the High Weald. It was allowed, but only by substituting a less prescriptive condition. The inspector held that controlling light spill was necessary under N4 and P3 of the 2026 Framework. Tying the condition to one glazing technology failed the DM6 tests.

Issues and findings

Planning balance

No overall balance; this was a test of whether the condition was necessary and reasonable.

What made the difference

Rooflights set flush in the roof and facing an unlit orchard justified control. The council accepted that films and similar treatments could work, which made naming a single technology unreasonable.

Transferable points

Policy findings

Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.

PolicyFindingWeightNote
N4harmsubstantialsubstantial weight to conserving natural beauty; rooflight light spill against an unlit orchard would erode darkness and tranquillity (DL 6-7)
P3harmP3 limits artificial light on intrinsically dark landscapes and nature; nocturnal species (DL 6, 8)
DM6accorda light-control condition is necessary, but specifying electrochromic/smart glass is over-prescriptive; replaced with a condition allowing any permanent light-reduction measure (DL 3, 13-14)

Key facts

Sources

This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.