®Planning appeal decision
Birch Holt, Marlpits Lane, Ninfield, East Sussex, TN33 9LD
Planning appeal 3372124 at Birch Holt, Marlpits Lane, Ninfield, East Sussex, TN33 9LD (Wealden District Council) was dismissed on 22 January 2026 by Inspector Coles C, by written representations. The main issue, as the Inspector framed it: Whether the site represents a suitable location for a dwelling having regard to locational strategies in the development plan.
new dwelling
- Authority
- Wealden District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Coles C
- Postcode
- TN33 9LD
Main issues, as the Inspector framed them
- Whether the site represents a suitable location for a dwelling having regard to locational strategies in the development plan
- effect of the proposal on the character and appearance of the area, having particular regard to the location of the site within the High Weald National Landscape (HWNL)
- effect of the proposal on protected trees and hedgerows
- effect of the proposal on protected species
- effect of the proposal on land stability
What decided it
The prominent location of the proposal within the High Weald National Landscape with wide and long-distance views, combined with identified harm to landscape character, trees, hedgerows, protected species and unresolved land stability concerns, provides a strong reason for refusal under paragraph 11d(i) of the Framework that displaces the presumption in favour of sustainable development despite the housing land supply shortfall.
The modest benefits of delivering an additional dwelling in the context of a significant housing shortfall and the site's location providing some access to services and public transport were outweighed by the significant harm to the High Weald National Landscape, trees and hedgerows, protected species and land stability concerns, with the National Landscape protection providing a strong reason for refusal.
What the Inspector cited
- Development plan policies
- Policy GD2Policy DC17Policy EN1Policy N1Policy WCS13Policy WCS14Policy EN6Policy EN27Policy N10Policy EN12Policy EN14Policy WCS12Policy SPO7
- National Planning Policy Framework
- Paragraph 189Paragraph 57Paragraph 11
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
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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 2026
- 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
- Allowed31 December 20253366478Snatchells Farm, Cross In Hand Road, Heathfield, TN21 0LS
- Allowed22 December 20253369881Land Adj 125 Eastbourne Road, Willingdon, East Sussex, BN20 9ND
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.