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Split Decision22 December 20223285807

Wallsend House, Richmond Road, Pevensey Bay, BN24 6AU

Planning appeal 3285807 at Wallsend House, Richmond Road, Pevensey Bay, BN24 6AU (Wealden District Council) was allowed in part (a split decision) on 22 December 2022 by Inspector Redford R, by written representations. The main issue, as the Inspector framed it: whether the proposed development would be a flood risk in regard to the relevant policies.

roof extension to form two bedroom flat, and change of use of existing office to one bedroom flat

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Redford R
Postcode
BN24 6AU

Main issues, as the Inspector framed them

  • whether the proposed development would be a flood risk in regard to the relevant policies

What decided it

The proposed roof extension failed the sequential test because the appellant did not demonstrate that the appeal site was the most appropriate location for new residential development in a high flood risk area when sequentially preferable sites in lower risk areas were available.

Although the Council cannot demonstrate a 5-year housing land supply and Paragraph 11(d) of the Framework would normally indicate permission should be granted, areas at risk of flooding are protected areas of particular importance, and the proposed roof extension's failure to comply with flood risk policy provides a clear reason for refusal that engages the exception to the presumption in favour of development.

What the Inspector cited

Development plan policies
CSLP objective SPO10WLP Policy EN1
National Planning Policy Framework
Paragraph 11Paragraph 159Paragraph 162Paragraph 164Paragraph 165Paragraph 167Paragraph 168

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 Wealden District Council

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

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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.