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Notice varied and upheld25 August 20223284216

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

Planning appeal 3284216 at Oak Tree Barn, Nash Lane, Scaynes Hill, Haywards Heath, West Sussex, RH17 7NJ (Mid Sussex District Council) was allowed in part (a split decision) on 25 August 2022 by Inspector King T, by written representations. The main issue, as the Inspector framed it: Whether the site is appropriately located for new residential development to avoid an over-reliance on the private motor vehicle.

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
Postcode
RH17 7NJ

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.

What the Inspector cited

Development plan policies
DP6DP12DP15DP21DP26DP37Lindfield & Lindfield Rural Neighbourhood Plan policy 1
National Planning Policy Framework
Paragraph 11Paragraph 130Paragraph 180
Judgments
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

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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More decisions in Mid Sussex

The authority’s record since 2016 · every decision in 2022

  1. Notice varied and upheld6 July 20263376721
    Land Fir Trees Place, Turners Hill Road, Crawley Down, West Sussex, RH10 4HQ
  2. Dismissed30 March 20266002280
    Floran Farm, Hophurst Hill, Crawley Down, West Sussex, RH10 4LP
  3. Planning permission granted7 May 20253312194
    Land at Upper Sparks Farm , Staplefield Road , Cuckfield, West Sussex , RH17 5HY
  4. Quashed On Legal Grounds31 March 20253336931
    1 The Platt, Lindfield, RH16 2SY
  5. Notice varied and upheld31 March 20253319435
    Land East of Dan Tree Farm, London Road, Bolney, West Sussex, RH17 5QF

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.