®Planning appeal decision
Land at Old Orchard House, Horebeech Lane, Horam, East Sussex, TN21 9DZ
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
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
Framework references: 201, 198, 187, 193, 181
Plan policies cited: Policy WCS7, SPO15
Judgments cited: 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
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.