250 homes near Eastbourne approved on appeal - council criticised for 'unreasonable behaviour'

An appeal against Wealden District Council’s decision to refuse plans for up to 250 new

homes north of Eastbourne has been successful.

Government planning inspector Jennifer Wallace has ordered the council to pay the costs of

the appeal process to the applicant Mr Nigel Hobbs.

The initial outline planning application proposed the development of up to 250 homes on

land at Golden Jubilee Way.

The plans also include the creation of new roundabout access on the A22 Golden Jubilee

Way and new pedestrian and cycle links at land east of the road in Westham.

Councillors initially refused the plans predominantly due to concerns over the site’s residual

risk from tidal flooding.

But Ms Wallace wrote that the Environmental Agency (EA) withdrew their initial objection to the development after a revised flood risk assessment was submitted.

She added that the council had not requested the applicant carry out breach modelling of

Eastbourne’s coastal defences, nor did they discuss their concerns with the EA.

Ms Wallace wrote that the EA’s latest tidal modelling showed the extreme defended tidal

flood did not reach the site, and that it was ‘highly unlikely’ the town’s sea defences would be

removed.

Furthermore, she criticised the council’s ‘unreasonable behaviour’ in only providing

information on the appeal hearing 15 days prior, leading to ‘wasted expense on the part of

the appellant’.

Ms Wallace concluded: “The proposed development conflicts with the development plan

when read as a whole.

“For the reasons given above, I have attached limited weight to this conflict, and there are no

other material considerations which would weigh against the proposal.

“The policies of the Framework are a material consideration which weigh strongly in support

of the appeal as the benefits would not be substantially outweighed by the adverse effects.

“I therefore consider that in the specific circumstances of this case, the material

considerations indicate that the decision should be taken other than in accordance with the

development plan. Accordingly, the appeal should be allowed.”

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