Planning appeal decision
Coldthorn Barn, Coldthorn Lane, HAILSHAM, BN27 3PJ
the erection of 3 no. dwellings, access and other associated infrastructure
- Authority
- Wealden District Council
- Appeal type
- major · Planning Appeal
- Procedure
- Hearing
- Development
- residential · Major dwellings
- Inspector
- Wyborn D
Main issues, as the Inspector framed them
- whether or not the development plan would support the proposed residential development in this location
- whether or not future occupants of the housing would have satisfactory access to services and facilities by a range of transport modes
- the effect of the development on the character and appearance of the area
- the effect of the development on non-designated heritage assets
- the effect of the development on the adjoining woodland, including whether or not it should be considered to be Ancient Woodland
- the effect of the development on habitats and protected species
- when examining the overall planning balance, if the proposal would not accord with the development plan when considered as a whole, whether or not material considerations indicate a decision should be made otherwise
What decided it
The absence of a five year housing land supply engaged the paragraph 11d tilted balance, and the benefits of housing delivery were not significantly and demonstrably outweighed by the identified harms for either scheme.
For Appeal A, moderate benefits (housing delivery, economic/social benefits) were weighed against moderate harms (out-of-centre location, accessibility concerns), with the balance tipping in favour of sustainable development under paragraph 11d; for Appeal B, substantial benefits (housing numbers, 35% affordable housing, economic/social benefits) outweighed moderate harms (out-of-centre location, character and appearance harm), again resulting in a finding of sustainable development under paragraph 11d.
Framework references: 11
Plan policies cited: Policy GD2, Policy DC17, Policy EN1, Policy EN2, Policy EN8, Policy EN27, Policy SPO7, Policy SPO8, Policy SPO13, Policy SPO1, Policy SPO2, Policy WCS12, Policy WSC12, Policy WSC14, Policy WSC6, Policy HAIL D1, Policy SD2
Judgments cited: Bernard Wheatcroft Ltd v SSE [JPL, 1982, P37]
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.
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