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Dismissed30 March 20233288132

Boarshead Filling Station (Land to Rear), Boars Head, Crowborough, TN6 3HD

Planning appeal 3288132 at Boarshead Filling Station (Land to Rear), Boars Head, Crowborough, TN6 3HD (Wealden District Council) was dismissed on 30 March 2023 by Inspector Shearing C, by written representations. The main issue, as the Inspector framed it: the effects of the proposal on the Ashdown Forest Special Protection Area (SPA) and ecology on the site.

a new detached dwelling

Authority
Wealden District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Shearing C
Postcode
TN6 3HD

Main issues, as the Inspector framed them

  • the effects of the proposal on the Ashdown Forest Special Protection Area (SPA) and ecology on the site
  • whether the site is suitable for new housing with regard to its accessibility to services and facilities
  • the effects on the character and appearance of the area, including the High Weald Area of Outstanding Natural Beauty (AONB)

What decided it

The failure to secure with certainty the required mitigation measures (SANGS and SAMMS contributions) to prevent adverse effects on the integrity of Ashdown Forest SPA, as required by Regulation 70 of the Habitats Regulations and Policy WCS12 of the Core Strategy.

The presumption in favour of sustainable development (which would normally favour housing delivery despite the lack of a 5-year supply) does not apply where a project is likely to have a significant effect on a habitat site unless it can be concluded that it will not adversely affect the integrity of the site; the habitat protection objective overrode the housing supply consideration.

What the Inspector cited

Development plan policies
Policy WCS12Policy WCS14Saved Policy DC17Saved Policy GD2Saved Policy EN1Saved Policy EN6Strategic Planning Objective SPO1Strategic Planning Objective SPO7
National Planning Policy Framework
Paragraph 174Paragraph 182

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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The authority’s record since 2016 · every decision in 2023

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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.