Land off Potmans Lane, Lunsford Cross, Ninfield, TN39 5JL

frontage development of 13 no. dwellings comprising a mix of two, three and four bedroom detached and semi-detached houses

Authority: Wealden District Council
Appeal type: major · Planning Appeal
Procedure: Hearing
Development: residential · Major dwellings
Inspector: Owen A

Main issues, as the Inspector framed them

whether this development is suitable for this site having regard to the settlement hierarchy, its accessibility to services and facilities, and its contribution to rural communities
whether there are other considerations that indicate a decision other than in accordance with the development plan

What decided it

The Council's inability to demonstrate a five-year housing land supply engaged the tilted balance, and the benefit of delivering 13 dwellings (including affordable housing) was found not to be significantly and demonstrably outweighed by the harm from the site's car-dependent location.

the harm from the site's location and conflict with development plan policies WCS6, DC17 and GD2 did not significantly and demonstrably outweigh the benefits of providing 13 dwellings, including affordable housing, so the presumption in favour of sustainable development applied and the appeal was allowed

Framework references: 11, 60, 63, 77, 83, 85, 109

Plan policies cited: WCS6, GD2, DC17, EN1, WCS14, EN27, EN8, SPO1, SPO7, SPO8, SPO13

Read the decision letter on the Inspectorate’s site

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.

What an account adds

Draw a red line around your site and the appraisal follows.

Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.

Then the development plan position, the housing land supply as an Inspector last accepted it, and every appeal decided around the site with its letter.

Every English appeal since 2016, with the letter behind it wherever the Inspectorate published one. Searched by meaning as well as by words, with the key case law counted live across the letters.

Casework that chases the deadlines. Applications, appeals and conditions with their statutory dates.

The judgement stays yours. The tool gathers the material and dates it.