Cross-in-Hand homes approved ‘reluctantly’

At a meeting on Thursday (August 20), Wealden District Council’s planning committee north approved an application to build a two-homes at Olives Farm, a rural site in Back Lane.

While many committee members felt the scheme was inappropriate for the site, the committee as a whole did not agree there were any grounds for refusal which would stand up at appeal.

Committee chairman Johanna Howell (Con, Frant and Wadhurst) said: “None of us like this site. We never have and we never will. 

“But I think if we do not pay attention to all of the professionals’ advice that we have seen and not take into account all of the appeals, the dismissals and all of the statements from an inspector, a government inspector, we could run into costs, which would cost our community, your taxpayers, a lot of money and possibly bring this council into disrepute.”

Following further debate the scheme was approved with ten votes for and two against. The approval came with a condition that Tree Preservation Orders (TPOs) be put in place to ensure mature trees not be felled to provide visibility splays for the site’s entrance.

Several of those who voted in favour of the scheme said they did so ‘reluctantly’.

The application had been before the committee twice before (in June and again in July), but was deferred both times as the committee sought more information around highways safety.

At the first meeting in June, the committee opted not to make a decision and instead seek an independent review of highway safety, largely over concerns that the proposed entrance to the site would be ‘unsafe’ due to visibility issues. 

Between meetings, the council commissioned independent highways consultant Monson Engineering Ltd to review East Sussex Highway’s advice that the proposed entrance would be acceptable. It concluded the advice was correct.

The issue was muddied, however, as GTA, civil surveyors commissioned by objectors, argued Monson and East Sussex Highways had applied the incorrect technical guidance when coming to their views.  This has been disputed by both.

As a result, the committee opted to defer its decision again in July and called on East Sussex Highways to send a representative to its next meeting to explain its decision not to oppose the scheme.

A representative of East Sussex Highways did attend the meeting and confirmed East Sussex Highways’ decision not to oppose development.

While this saw consternation from some committee members, others accepted that a refusal on highways grounds could not be defended at appeal.

Cllr Neil Waller (Con, Crowborough South West) said: “It is very rare for this committee to ask for an assessment of our highways officers’ report. I can’t think of when we’ve done that before.

“It is very rare for this committee to ask highways officers to present to the pre-meeting briefing and to the meeting. It is very very rare.

“[Officers] have gone the extra mile to explain to us why, in their opinion, this is safe.”

He added: “I think we have no option now but to approve this, because I think an inspector would say to us that we are acting unreasonably.”  

Committee members also considered objections on the grounds of building in the AONB and outside the development boundary.

Officers, however, said this also could not be used as a strong grounds for refusal as the argument had been rejected at appeal previously.

This is because the council lacks a five-year supply of housing land and national planning policy puts “a presumption in favour of sustainable development unless there are adverse impacts which significantly and demonstrably outweigh the benefits.” 

For further information see application reference WD/2020/0019/F on the Wealden District Council website.

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