“Military-style training ground” appeal dismissed

Bois de Saussac is an area of woodland west of Udimore. In August 2024, an enforcement notice was issued by Rother District Council requiring the landowner, Mr Xiang Wang, to stop using the land for “recreation, leisure and commercial activities including airsoft, paintball, and skirmish within a constructed military-style training ground.”

On Monday 22 June, a planning inspector dismissed an appeal by Mr Wang against that order.

There were three grounds for the appeal: firstly, the alleged breach had not occurred as the use had not been commercial. Secondly, the alleged breach would not require planning permission, as permitted development rights allow the use of land for almost any purpose for up to 28 days, and thirdly the action required by the notice would be excessive.

Having visited the site and examined photographic evidence, the inspector rejected all three grounds for appeal. The ruling said it was clear there was a significant level of development on the site, including the construction of buildings, toilets, etc. It was not considered feasible these were for family and friends only without any commercial element.

Equally, on the balance of probabilities, the inspector said it was likely the use had continued for more than 28 days.

Lastly, the inspector judged that the actions required by the notice would “do no more than remedy the breach of planning control by restoring the land to its condition before the breach took place.”

The appeal was dismissed and the landowner now has six months in which to fulfil the requirements of the notice.

Image Credits: Google Maps .

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