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Planning appeal decision

Allowed15 September 20266008314

Land off Eastbourne Road, Polegate, BN26 5DD

Planning appeal 6008314 at Land off Eastbourne Road, Polegate, BN26 5DD (Wealden District Council) was allowed on 15 September 2026 by Inspector J Bowyer, following a hearing. The main issue, as the Inspector framed it: whether or not there would be suitable access to the development including with particular regard to effects on highway safety.

Hybrid application: full permission for a foodstore (Use Class E(a)) with access, parking, servicing and landscaping; and outline permission (access only not reserved) for a care home (Class C2) with associated access, parking, servicing and landscaping

Appeal type
Planning
Procedure
Hearing
Development
retail
Inspector
J Bowyer
Postcode
BN26 5DD

Main issues, as the Inspector framed them

  • whether or not there would be suitable access to the development including with particular regard to effects on highway safety
  • the effect of the proposal on the character and appearance of the area having particular regard to effects on trees and vegetation
  • the effect of the proposal on protected and priority species
  • whether or not there would be adequate provision for BNG
  • whether or not the proposal would make adequate provision for drainage

What decided it

Application of Framework Policy S4's presumption in favour of sustainable development in a settlement location, whereby the identified benefits (particularly housing/care need provision) were not substantially outweighed by the moderate, localised harm to character and appearance.

The benefits of housing and care home provision, retail choice, economic activity, accessibility improvements and ecological enhancement were not substantially outweighed by the moderate, localised harm to the character and appearance of the area from tree loss, so Framework Policy S4 indicated approval despite conflict with the development plan as a whole.

What the Inspector cited

Development plan policies
Policy TR3Policy EN12Policy EN27Policy WCS12Policy CS2Policy POL4
National Planning Policy Framework
Policy S3Policy S4Policy S5Policy DP3Policy N2Policy N3Policy H07

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 applied

The decision letter

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More decisions in Wealden District Council

The authority’s record since 2016 · every decision in 2026

  1. Dismissed22 July 20266006344
    Dog Walking Field, Burnt Oak Road, High Hurstwood, TN22 4AE
  2. Dismissed17 July 20266007376
    Land Adjoining 154 Station Road, Hailsham, BN27 2SB
  3. Allowed17 July 20266005293
    Milton Gate Farm, Milton Street, Polegate, BN26 5RS
  4. Dismissed15 July 20266004901
    11 Station Road, Polegate, BN26 6AT
  5. Allowed2 June 20266004127
    The Old Nursery, North Street, Cogger Cross, Horam, tn210lg

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.