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Dismissed11 April 20223273856

Land Adjoining 10 Browns Path, Uckfield, East Sussex, TN22 1LH

Planning appeal 3273856 at Land Adjoining 10 Browns Path, Uckfield, East Sussex, TN22 1LH (Wealden District Council) was dismissed on 11 April 2022 by Inspector Jolly J, by written representations. The main issue, as the Inspector framed it: the effect of the proposal on the character and appearance of the area.

for a new dwelling

Authority
Wealden District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Jolly J
Postcode
TN22 1LH

Main issues, as the Inspector framed them

  • the effect of the proposal on the character and appearance of the area
  • the effect of the proposal on protected trees
  • the effect of the proposal on the Ashdown Forest Special Protection Area (SPA)

What decided it

The cramped and incongruous nature of the proposal, combined with the unresolved risk to protected mature oak trees, means the adverse impacts significantly and demonstrably outweigh the benefits even under the tilted balance.

Although Paragraph 11(d) of the Framework is engaged due to the Council's inability to demonstrate a five-year housing land supply, the adverse impacts of the proposal significantly and demonstrably outweigh the benefits, including the provision of one new dwelling, new hedging and planting, and path resurfacing.

What the Inspector cited

Development plan policies
Policy EN27 (saved Wealden Local Plan 1998)Spatial Planning Objective SPO13 (Wealden Core Strategy Local Plan 2013)Policy WCS14 (Wealden Core Strategy Local Plan 2013)Policy EN12 (saved Wealden Local Plan 1998)Policy WCS12 (Wealden Core Strategy Local Plan 2013)Policy WCS1 (Wealden Core Strategy Local Plan 2013)
National Planning Policy Framework
Paragraph 130Paragraph 11
Judgments
Bernard Wheatcroft Ltd v Secretary of State for the Environment

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in Wealden District Council

The authority’s record since 2016 · every decision in 2022

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.