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Planning appeal decision

Dismissed22 January 20263372124

Birch Holt, Marlpits Lane, Ninfield, East Sussex, TN33 9LD

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

  • 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.

Framework references: 189, 57, 11

Plan policies cited: Policy GD2, Policy DC17, Policy EN1, Policy N1, Policy WCS13, Policy WCS14, Policy EN6, Policy EN27, Policy N10, Policy EN12, Policy EN14, Policy WCS12, Policy SPO7

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.