Land at Old Orchard House, Horebeech Lane, Horam, East Sussex, TN21 9DZ

Planning appeal 3343709 at Land at Old Orchard House, Horebeech Lane, Horam, East Sussex, TN21 9DZ (Wealden District Council) was dismissed on 7 March 2025 by Inspector Szymanski D, following a hearing. The main issue, as the Inspector framed it: Whether the scheme submitted pursuant to condition 13 would ensure suitable foul drainage, having particular regard to pollution, biodiversity and flood risk.

the erection of up to 38 dwellings, access, landscaping and other associated infrastructure, granted on 12 July 2022

Authority: Wealden District Council
Appeal type: major · Planning Appeal
Procedure: Hearing
Development: residential · Major dwellings
Inspector: Szymanski D
Postcode: TN21 9DZ

Main issues, as the Inspector framed them

Whether the scheme submitted pursuant to condition 13 would ensure suitable foul drainage, having particular regard to pollution, biodiversity and flood risk

What decided it

The appellant failed to demonstrate that the off-site wastewater network had sufficient capacity to accommodate the additional foul flows without worsening existing pollution from sewer overflows.

No other considerations were advanced that outweighed the finding that the scheme failed to demonstrate suitable foul drainage regarding pollution, so the appeal was dismissed

What the Inspector cited

Development plan policies: Policy WCS7SPO15
National Planning Policy Framework: Paragraph 201Paragraph 198Paragraph 187Paragraph 193Paragraph 181
Judgments: Barratt Homes v Dwr Cymru Cyfyngedig (Welsh Water) [2008] EWCA Civ 1552; Barratt Homes v Dwr Cymru Cyfyngedig (Welsh Water) [2009] UKSC 13; R (An Taisce) v SSECC [2014] EWCA Civ 1111

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.

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The decision letter

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More decisions in Wealden District Council

The authority’s record since 2016 · every decision in 2025

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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.