Town Planner Pro
Search appeal decisions

Planning appeal decision

Dismissed10 November 20233317790

Land at Fieldgate, Off the Bellfry, Hailsham, BN27 3EW

erection of four detached dwellings and creation of access

Authority
Wealden District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Hobbs J

Main issues, as the Inspector framed them

  • the effect of the proposed development on the safety of pedestrians, cyclists and drivers using the internal circulation road
  • the effect of the proposed development on the character and appearance of the area, including trees subject to a Tree Protection Order (TPO)
  • the effect of the proposed development on the living conditions of the occupants of The Belfry and Turnberry Drive, with particular reference to privacy and outlook

What decided it

The narrow width of the access and internal circulation road (3m) would prevent safe passage for vehicles, pedestrians and cyclists and significantly increase collision risk, causing significant harm that substantially outweighs the moderate benefits of four additional dwellings.

the moderate benefits of four dwellings in an area with housing shortfall were substantially and demonstrably outweighed by the significant harm caused by unsafe and unsuitable access that fails to meet Framework paragraph 110 requirements

Framework references: 11, 110, 219

Plan policies cited: EN27, TR3, EN12, EN14, SPO12, SPO13, HAIL D5, HAIL D1, HAIL D2

Judgments cited: Holborn Studios Ltd v The Council of the London Borough of Hackney [2017] EWHC 2823 (Admin)

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.