Planning appeal decision
Bowhill estate, The Drive, Hellingly, East Sussex, BN27 4EP
- Authority
- Wealden District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Coles C
Main issues, as the Inspector framed them
- The effect of the proposed development on the habitats and ecology associated with the ancient woodland
- The effect of the proposed development on the character and appearance of the surrounding area
- The effect of the proposed development on the living conditions of the occupiers of No 10 Bowhill and the future occupiers of the proposed development, with particular regard to privacy and daylight
What decided it
The irreplaceable nature of ancient woodland as a habitat protected by NPPF paragraph 193, combined with the absence of wholly exceptional reasons and a suitable compensation strategy, meant that the presumption in favour of sustainable development did not apply and the harm to the habitat, character and living conditions could not be outweighed by the limited housing and economic benefits of a single dwelling.
The limited benefits of delivering one additional dwelling and associated economic benefits do not outweigh the substantial harm to irreplaceable habitats, the character and appearance of the area, and the living conditions of neighbouring and future occupiers, together with the conflict with the development plan as a whole.
Framework references: 193, 73
Plan policies cited: Saved Policy EN13 of Wealden Local Plan (1998), Saved Policy EN27 of Wealden Local Plan (1998), Policy WCS12 of Wealden District Council Core Strategy Local Plan (2013), Policy WCS13 of Wealden District Council Core Strategy Local Plan (2013), Policy HNDP 5 of Hellingly Neighbourhood Plan (July 2021)
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.
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