®Planning appeal decision
Land at Bird In Eye Farm, South of Bird in Eye Hill, Framfield Uckfield , East Sussex, TN22 5HA
Planning appeal 3356658 at Land at Bird In Eye Farm, South of Bird in Eye Hill, Framfield Uckfield , East Sussex, TN22 5HA (Wealden District Council) was allowed on 12 August 2025 by Inspector Fagan N, following an inquiry. The main issue, as the Inspector framed it: Whether the proposed development would cause 'less than substantial harm' in terms of NPPF paragraph 215 to the significance of the Grade II listed Bird In Eye Oasthouse, and if so, whether any public benefits would outweigh any such harm.
outline planning application for up to 190 dwellings, associated works, parking, landscaping, publicly accessible open space and SANG provision, with access from the B2102
- Authority
- Wealden District Council
- Appeal type
- major · Planning Appeal
- Procedure
- Inquiry
- Development
- residential · Major dwellings
- Inspector
- Fagan N
- Postcode
- TN22 5HA
Main issues, as the Inspector framed them
- Whether the proposed development would cause 'less than substantial harm' in terms of NPPF paragraph 215 to the significance of the Grade II listed Bird In Eye Oasthouse, and if so, whether any public benefits would outweigh any such harm
- Highways/transport, which remains an outstanding main issue despite there being no such contested issue between the LPA/LHA and the appellant
What decided it
The Inspector's finding that the reduced-scale layout preserved the setting and significance of the Grade II listed oasthouse, meaning no heritage harm arose, and that the substantial housing and affordable housing benefits would in any event outweigh any lowest-level harm.
Even if some 'less than substantial harm' to the listed oasthouse's setting had arisen, it would be at the lowest level of that scale and would be clearly outweighed by the public benefits of delivering 190 dwellings, including 35% affordable housing and 5% self-build plots, in a district with a severe and long-standing housing land supply shortfall.
What the Inspector cited
- Development plan policies
- Policy SP02CS Policy SPO12Policy TR3Policy CS1Spatial Planning Objective SPO15Policy WCS7Spatial Planning Objective SPO2Spatial Planning Objective SPO13Policy WCS14Policy EN1Policy EN27Policy TR16Policy WCS12Policy WCS13Policy CS2Spatial Planning Objective SPO9Policy EN29
- National Planning Policy Framework
- Paragraph 212Paragraph 215Paragraph 115Paragraph 117
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.
See how each was appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
More decisions in Wealden District Council
The authority’s record since 2016 · every decision in 2025
- Dismissed25 September 20266009517Fairfield Cottage, Cross In Hand Road, Heathfield, TN21 0SN
- Dismissed14 April 20266003970Little Warren Barn, The Warren, Crowborough, East Sussex, TN6 1UB
- Dismissed27 January 20263370047Hedera Cottage North Street, Punnetts Town, Heathfield, TN21 9DT
- Dismissed22 January 20263372124Birch Holt, Marlpits Lane, Ninfield, East Sussex, TN33 9LD
- Allowed31 December 20253366478Snatchells Farm, Cross In Hand Road, Heathfield, TN21 0LS
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.