Oak Tree Barn, Nash Lane, Scaynes Hill, Haywards Heath, West Sussex, RH17 7NJ

Without planning permission, the construction of a residential dwellinghouse (C3) (“the Dwellinghouse”) on the Land shown hatched blue on the Plan and associated development of the erection of entrance gates on the Land (“the Entrance Gates”) shown in blue between the points marked “A” and “B” on the Plan, the erection of a toilet building (“the Toilet Building”) on th e Land shown edged blue on the Plan and the installation of a klargester sewerage treatment plant (“the Klargester) on the Land (all matters to be referred to as “the Unauthorised Development”)

Authority: Mid Sussex District Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: residential · Householder developments
Inspector: King T

Main issues, as the Inspector framed them

Whether the site is appropriately located for new residential development to avoid an over-reliance on the private motor vehicle
The effect of the development on the character and appearance of the surrounding area
The effect of the proposal upon the nearby ancient woodland

What decided it

The site's unsustainable location outside the settlement boundary requiring reliance on private motor vehicles, combined with the harmful impact on character and appearance, outweighs the appellants' personal circumstances and housing contribution.

The policy objections to the development on grounds of location and character and appearance were not outweighed by the appellants' personal circumstances, the contribution to housing supply, or the best interests of the children, as the dwelling was not yet occupied and constituted an aspiration rather than an established home.

Framework references: 11, 130, 180

Plan policies cited: DP6, DP12, DP15, DP21, DP26, DP37, Lindfield & Lindfield Rural Neighbourhood Plan policy 1

Judgments cited: Hibbitt v SSCLG and another [2016] EWHC 2853; Hancock v SSCLG & Windsor and Maidenhead RBC [2012] EWHC 3704 (Admin); Ahmed v SSCLG [2014] EWCA Civ 566; Stevens v SSCLG [2013] EWHC 792 (Admin); Collins v SSCLG [2013] EWCA Civ 1193

Read the decision letter on the Inspectorate’s site

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.