Council quandary over 200-home Hailsham planning appeal

On Wednesday (May 11),  Wealden District Council’s planning committee south is set to make a decision on how to proceed with an appeal over plans to build up to 200 homes on land west of Station Road.

The original application, which had sought outline planning permission, was refused by the committee in February. It had been refused — against officer advice —  on highways grounds, with the committee citing concerns around the cumulative impact on Station Road when the scheme was combined with other previously-approved housing developments. 

Since then, the council has been preparing to defend the committee’s decision at appeal. However, officers say the council has been unable to find a highways consultant willing to defend the committee’s argument. .

As a result, officers are advising that the committee now has two options; either nominate an elected councillor to make its case in place of a professional highways consultant or withdraw its defence of the appeal.

In a report to be considered by the committee, a council planning officer said: “Despite a tender process, independent highway consultants have advised that they are, professionally, unable to represent the council. 

“Essentially, they cannot construct a case which would argue adverse impact on the highway network and this is clearly what the reason for refusal states in the council’s decision notice.

“There are no skills within the council that would enable an officer to defend the case. In addition, your officers are chartered town planners and are bound by the Royal Town Planning Institute professional code of conduct, which would preclude giving evidence in this case when the professional view is contrary to the council’s decision.

“There are, therefore, two options. That members nominate a councillor (or councillors) to appear at the hearing to give the council’s case. Or, alternatively, that the Planning Inspectorate be notified that the council would not defend the reason for refusal.

“There are cost implications and reputational damage associated with either option.”

These options are set to be debated by the committee, who will then decide which course of action to take. 

For further details of the proposals see application reference WD/2020/2509/MAO on the Wealden District Council planning website.