®Planning appeal decision
Land East of Waites Lane at Wakeham’s Farm, Pett Level Road , Fairlight Cove, TN35 4ED
Planning appeal 3283287 at Land East of Waites Lane at Wakeham’s Farm, Pett Level Road , Fairlight Cove, TN35 4ED (Rother District Council) was dismissed on 4 August 2022 by Inspector Chamberlain G, following a hearing. The main issue, as the Inspector framed it: Whether the proposed development would be in a suitable location, with reference to the spatial strategy in the development plan.
Outline: Development of up to 43 residential units (including 40% affordable), including new vehicular access from Pett Level Road
- Authority
- Rother District Council
- Appeal type
- major · Planning Appeal
- Procedure
- Hearing
- Development
- residential · Major dwellings
- Inspector
- Chamberlain G
Main issues, as the Inspector framed them
- Whether the proposed development would be in a suitable location, with reference to the spatial strategy in the development plan
- Whether the appeal site is a suitable location for the proposal, having regard to policies relating to development in areas at risk of flooding
- Whether the proposal would conserve and enhance the natural beauty of the High Weald Area of Outstanding Natural Beauty (AONB)
- The effect of the proposed development on the character and appearance of Fairlight Cove
- The effect of the proposal on social and community cohesion
What decided it
The failure to undertake a sequential test to address the risk of groundwater flooding meant Framework flood policies provided a clear reason for refusal, disapplying the tilted balance and outweighing the scheme's benefits.
The high-order benefits of housing delivery, affordable housing and other advantages were outweighed by the unjustified flood risk from groundwater (absence of a sequential test), given the strictness of national flood policy, alongside limited conflict with the spatial strategy and limited residual AONB harm.
What the Inspector cited
- Development plan policies
- Policy OSS1Policy RA1Policy FAC2Policy OSS2Policy EN7Policy PC1Policy EN1Policy EN3Policy OSS3Policy OSS4Policy DEN1Policy DEN2Policy CO6Policy TR3Policy SRM2
- National Planning Policy Framework
- Paragraph 11Paragraph 161Paragraph 162Paragraph 163Paragraph 166Paragraph 177
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 appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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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.