®Planning appeal decision
Land to the Rear of The Walled Gardens, Five Ash Down, East Sussex, TN22 3AG
Planning appeal 3289619 at Land to the Rear of The Walled Gardens, Five Ash Down, East Sussex, TN22 3AG (Wealden District Council) was dismissed on 23 January 2023 by Inspector Tucker A, by written representations. The main issue, as the Inspector framed it: The effect of the proposal upon the setting of the Grade II listed building, known as Coopers Cross House.
Development of site for up to 33 dwellings with amendments to existing access
- Authority
- Wealden District Council
- Appeal type
- major · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Major dwellings
- Inspector
- Tucker A
- Postcode
- TN22 3AG
Main issues, as the Inspector framed them
- The effect of the proposal upon the setting of the Grade II listed building, known as Coopers Cross House
What decided it
The harm to the setting of the Grade II listed building Coopers Cross House, which the Inspector found would be less than substantial but which, when weighed against the public benefits under paragraph 202 of the Framework and applying great weight to heritage conservation under paragraphs 189 and 199, was not outweighed by those benefits.
The substantial public benefits of delivering 33 dwellings, affordable housing, self-build plots and economic benefits were outweighed by the less than substantial harm to the setting of the listed building, to which great weight must be given as an irreplaceable heritage resource
What the Inspector cited
- Development plan policies
- Policy SPO2 of the Wealden District Core Strategy Local Plan 2013Saved Policy EN27 of the Wealden Local Plan 1998
- National Planning Policy Framework
- Paragraph 11Paragraph 189Paragraph 199Paragraph 202
- Judgments
- Steer (Catesby Estates Ltd and SSCLG v Steer [2018] EWCA Civ 1697)
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 appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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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.