®Planning appeal decision
Land at Bird in Eye Farm, South of Bird In Eye Hill (Framfield Parish), Framfield Uckfield, East Sussex, TN22 5HA
Planning appeal 3307820 at Land at Bird in Eye Farm, South of Bird In Eye Hill (Framfield Parish), Framfield Uckfield, East Sussex, TN22 5HA (Wealden District Council) was dismissed on 12 October 2023 by Inspector Butcher H, following an inquiry. The main issue, as the Inspector framed it: Whether the development would result in the loss or deterioration of ancient woodland and the effect of the development on protected species.
the erection of up to 290 dwellings, associated landscaping, informal open space and strategic SANG, with access from the B2102
- Authority
- Wealden District Council
- Appeal type
- major · Planning Appeal
- Procedure
- Inquiry
- Development
- residential · Major dwellings
- Inspector
- Butcher H
- Postcode
- TN22 5HA
Main issues, as the Inspector framed them
- Whether the development would result in the loss or deterioration of ancient woodland and the effect of the development on protected species
- The effect of the development on highway safety
- The effect of the development on flood risk
- The effect of the development on drainage
- Whether the site is a suitable location for housing having regard to accessibility and local planning policy
- Whether the development would preserve the setting of the Grade II Listed Uckfield oasthouse
What decided it
The cumulative and individually significant harms to ancient woodland, highway safety, flood risk (via an inadequate Sequential Test) and the setting of the listed oasthouse were not outweighed by the substantial benefits of the proposed housing.
The substantial benefits of up to 290 homes, including affordable and self-build housing, did not outweigh the cumulative harm to ancient woodland, highway safety, flood risk and heritage setting, so the balance tipped against the proposal.
What the Inspector cited
- Development plan policies
- Policy EN1Policy EN12Policy EN13Policy EN15Policy WCS12Policy TR3Spatial Planning Objective SPO12Policy EN2Policy TR13Spatial Planning Objective SPO7Spatial Planning Objective SPO15Policy WCS7Policy GD2Policy DC17Spatial Planning Objective SPO2Policy CS1
- National Planning Policy Framework
- Paragraph 105Paragraph 180Paragraph 199Paragraph 202
- Judgments
- Wathen-Fayed v Secretary of State for Levelling Up, Housing and Communities
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
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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.