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Allowed30 March 20233274822

Coldthorn Barn, Coldthorn Lane, Hailsham, BN27 3PJ

Planning appeal 3274822 at Coldthorn Barn, Coldthorn Lane, Hailsham, BN27 3PJ (Wealden District Council) was allowed on 30 March 2023 by Inspector Wyborn D, following a hearing. The main issue, as the Inspector framed it: whether or not the development plan would support the proposed residential development in this location.

the erection of 3 no. dwellings, access and other associated infrastructure

Appeal type
major · Planning Appeal
Procedure
Hearing
Development
residential · Major dwellings
Inspector
Wyborn D
Postcode
BN27 3PJ

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.

What the Inspector cited

Development plan policies
Policy GD2Policy DC17Policy EN1Policy EN2Policy EN8Policy EN27Policy SPO7Policy SPO8Policy SPO13Policy SPO1Policy SPO2Policy WCS12Policy WSC12Policy WSC14Policy WSC6Policy HAIL D1Policy SD2
National Planning Policy Framework
Paragraph 11
Judgments
Bernard Wheatcroft Ltd v SSE [JPL, 1982, P37]

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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The authority’s record since 2016 · every decision in 2023

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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.