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Planning appeal decision

Dismissed15 July 20266005756

Land adjacent to Barley Cottage, Ringmer Road, Newhaven, BN9 9TN

erection of 2 no self-build dwellings, access, landscaping and other associated infrastructure

Authority
Lewes District Council
Appeal type
minor · Planning
Procedure
Written
Development
residential
Postcode
BN9 9TN

Main issues, as the Inspector framed them

  • the effect of the development on the character and appearance of the area
  • biodiversity, including priority habitats and biodiversity net gain (BNG)

What decided it

The substantial harm to priority habitat and unresolved biodiversity concerns, combined with limited harm to character and appearance, significantly and demonstrably outweigh the modest benefits of two dwellings when assessed against the Framework, such that the presumption in favour of sustainable development does not apply.

The adverse impacts on biodiversity and character and appearance would significantly and demonstrably outweigh the benefits of the proposal when assessed against the policies in the Framework taken as a whole; the substantial harm to biodiversity weighs decisively against the proposal despite the Council's housing land supply shortfall.

Framework references: 11, 56, 232

Plan policies cited: Policy DM1, Policy DM25, Policy DM27, Policy D1, Policy CP2, Policy CP10, Policy DM24, Policy DM35

Judgments cited: North Wiltshire District Council v Secretary of State for the Environment (1993) 65 P & CR 137; I'm Your Man Limited v Secretary of State for the Environment [1998] EWHC 866 (Admin)

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.