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Planning appeal decision

Notice varied and upheld29 April 20263327860

The Dinglewood Brittenden Lane, Waldron, Heathfield, TN21 0RN

Planning appeal 3327860 at The Dinglewood Brittenden Lane, Waldron, Heathfield, TN21 0RN (Wealden District Council) was allowed in part (a split decision) on 29 April 2026 by Inspector Naylor R, by written representations. The main issue, as the Inspector framed it: Whether the matters alleged in the enforcement notice (excavation of a new swimming pool) have occurred as a matter of fact.

without planning permission, t he carrying out of works for the formation of a tennis court and the excavation of a swimming pool (“the works”) in the approximate positions shown on the attached plan (“the land”)

Authority
Wealden District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
leisure-sport · Other minor developments
Inspector
Naylor R
Postcode
TN21 0RN

Main issues, as the Inspector framed them

  • Whether the matters alleged in the enforcement notice (excavation of a new swimming pool) have occurred as a matter of fact
  • Whether enforcement action could be taken at the date the notice was issued, given the four-year immunity period for operational development

What decided it

The appellants failed to demonstrate that the new swimming pool was substantially complete before 14 July 2019, as the physical features and design at the appeal site resembled a pool under construction rather than a completed operational development.

The decision letter

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More decisions in Wealden District Council

The authority’s record since 2016 · every decision in 2026

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  2. Quashed15 September 20266006632
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  3. decided15 September 20266006631
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  4. Notice upheld22 May 20263358235
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  5. Quashed On Legal Grounds24 March 20263328210
    Land at Molly's Wood, Hempstead Lane, Hailsham, East Sussex, BN27 3PR

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.

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