Land fronting Toll Lane , Toll Lane, Bodle Sreet Green, East Sussex , BN27 4UG

Main issues, as the Inspector framed them

• whether the appeal site is an appropriate location for the proposed development having regard to local and national policies for the distribution of housing
• the effect of the proposed development having regard to its proximity to a protected tree
• the effect of the proposed development on the character and appearance of the area, with particular regard to the National Landscape
• the effect of the proposed development on the setting of a Grade II listed building

What decided it

The adverse effect on the environment of future occupiers arising from the proximity of the protected tree, combined with the site's location in open countryside contrary to development plan policies, substantially and demonstrably outweighed the modest housing and economic benefits.

The modest housing supply and economic benefits were substantially outweighed by the significant and long-lasting harm to future occupiers' living conditions and the implications for the protected tree, with the locational conflict given limited weight; the absence of harm to the National Landscape and listed building setting were neutral matters.