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Planning appeal decision

Dismissed30 March 20233288132

Boarshead Filling Station (Land to rear), Boars Head, CROWBOROUGH, TN6 3HD

a new detached dwelling

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 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.

Framework references: 174, 182

Plan policies cited: Policy WCS12, Policy WCS14, Saved Policy DC17, Saved Policy GD2, Saved Policy EN1, Saved Policy EN6, Strategic Planning Objective SPO1, Strategic Planning Objective SPO7

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.