®Planning appeal decision
Land adjoining 10 Browns Path, Uckfield, East Sussex, TN22 1LH
for a new dwelling
- Authority
- Wealden District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Jolly J
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.
Framework references: 130, 11
Plan policies cited: 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)
Judgments cited: Bernard Wheatcroft Ltd v Secretary of State for the Environment
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.