Council ordered to pay costs after Crowborough appeal decision

Last week, a planning inspector granted permission to build 26 homes on land east of Hadlow Down Road following an appeal.

The scheme had been considered by the council’s planning committee in October last year, where it was refused on the grounds it fell outside of the town’s development boundary and would have a visual impact on the character of the Low Weald.

This view was not shared by the planning inspector, however, who concluded that the council’s lack of a five-year supply of housing land meant that the conflict with the development boundary should be given reduced weight.

They also took issue with the visual impact argument, finding that the site would cause some limited harm but not enough for refusal.

However, the inspector also said the council had failed to provide “substantive evidence” of the visual impact on the Low Weald. As a result of this, they concluded the council’s decision was ‘unreasonable’ and ordered it to pay the developer’s full costs.

In their decision on costs, the planning inspector said: “Drawing the above together, I find that the council’s decision is based on vague and generalised assertions about the proposal’s impact which are unsupported by objective analysis.

“It has failed to produce evidence to substantiate its reasons for refusal and has not determined similar cases in a consistent manner. 

“I have allowed the appeal. In the light of the council’s decision and evidence submitted in respect of the appeal, the council has prevented and delayed development which should clearly be permitted, having regard to the development plan, national policy and other material considerations.

“In these circumstances, the refusal of planning permission constitutes unreasonable behaviour contrary to the basic guidance in the National Planning Policy Framework  and the applicant has been faced with the unnecessary expense of lodging the appeal.”

As a result of the decision, the developer now has planning permission to build out the scheme, which is to be made up of houses and two apartment blocks arranged around a cul-de-sac accessed from Hadlow Down Road via Tubwell Lane.

For further information on the appeal and application see reference WD/2020/0893/MAJ on the Wealden District Council website.