Lynton, Five Ash Down, Uckfield , East Sussex, TN22 3AH

a phased development of three self-build dwellings and provision of a new vehicular access, landscaping and other associated infrastructure

Authority: Wealden District Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: residential · Minor Dwellings
Inspector: Shearing C

Main issues, as the Inspector framed them

the effects of the proposal on the character and appearance of the area
living conditions of the occupants of 1 Coopers Row and Lynton, with regard to noise and disturbance
the Ashdown Forest Special Protection Area (SPA)

What decided it

The Council's inability to demonstrate a five-year housing land supply triggered the presumption in favour of sustainable development under paragraph 11(d) of the Framework, and the mitigation of the Ashdown Forest SPA effects through the planning obligation satisfied the Habitat Regulations assessment.

The benefits of housing delivery and the presumption in favour of sustainable development outweighed the concerns about character and appearance and living conditions, which were found to be capable of mitigation through reserved matters and conditions, and the potential significant effect on the Ashdown Forest SPA was adequately mitigated by the planning obligation for SANGS and SAMMS contributions.

Framework references: 11

Plan policies cited: EN1, EN27, EN15, SPO13, WCS12, WCS14

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.

What an account adds

Draw a red line around your site and the appraisal follows.

Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.

Then the development plan position, the housing land supply as an Inspector last accepted it, and every appeal decided around the site with its letter.

Every English appeal since 2016, with the letter behind it wherever the Inspectorate published one. Searched by meaning as well as by words, with the key case law counted live across the letters.

Casework that chases the deadlines. Applications, appeals and conditions with their statutory dates.

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