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Planning appeal decision

Notice varied and upheld3 February 20253326457

Land at Randalls Farm, Whitesmith, Chiddingly, East Sussex, BN8 6JB

‘Part retrospective application for the change of use of land for the stationing of 5 no. static and 4 no. touring caravans associated with 4 no. gypsy and traveller pitches (4 no. pitches in total) including hardstanding, fencing and package treatment plant.’ Formal

Authority
Wealden District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
King T

Main issues, as the Inspector framed them

  • whether the Council has a five year land supply for gypsy and traveller purposes, current need, and the availability of alternative accommodation
  • the effect of the development on the character and appearance of the surrounding area
  • whether the location of the development is acceptable having regard to the Council's spatial policy
  • the effect of the development, with the use of the existing access, on highway safety, and whether the proposed new access would be satisfactory in this respect
  • the proposal's effects on surface water drainage

What decided it

The unmet need for gypsy and traveller provision, combined with the ability to secure a satisfactory new access and mitigate other harms through conditions, was decisive in allowing Appeal B, while the unresolved substandard existing access was decisive in dismissing Appeal A.

The significant/substantial weight given to the unmet need for gypsy and traveller pitches, together with the prospect of mitigating harm to character, drainage and highway safety through conditions (including a new access and Site Development Scheme), outweighed the identified conflicts with spatial and drainage policy, leading to permission being granted in Appeal B, whereas in Appeal A the unresolved harm from the existing access meant the enforcement notice was upheld.

Plan policies cited: WCS 10, EN27, WCS14, WCS11, WCS11(2), EN1

Judgments cited: Lisa Smith judgement

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.