Decision delayed on Cross-in-Hand homes

At a meeting on Thursday (July 23), Wealden District Council’s planning committee north considered an application to build a two-homes at Olives Farm, a rural site in Back Lane, Cross-in-Hand.

The application had previously been before the committee in June, where it was deferred as members sought 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 is disputed by both.

Ultimately, committee members still had severe fears about highway safety.

Among those to raise concerns was Cllr Brian Redman (Con, Mayfield and Five Ashes), who said: “I find it most confusing when two so-called experts are arguing against each other on these issues.

“Gut reaction is another thing I think I would call on. I actually stood outside where this entrance will be to these properties, looked to my left and couldn’t believe what I could see. 

“There are two very large oak trees there. If a car came round that corner it would be chaos.

“Forgetting the expert opinion, which everyone is querying and questioning, my personal opinion is it’s dangerous.”

Several councillors backed this view, arguing in favour of refusing the scheme on highways grounds.

Other committee members urged the committee to follow the expert advice from East Sussex Highways.

Following further debate, the council’s head of planning Stacey Robbins cautioned members on disregarding the advice.

He said:  “If we are not going to believe the highway authority then where does that end up? They comment on all of these contentious applications and provide us with the advice. 

“Their position is that the road conditions allow for it and their expert advice to the committee is that it is not unsafe.”

Mr Robbins went on to warn the committee that pursuing a highways objection could lead to the council being ordered to pay costs at an appeal.

He said: “If members feel there is a safety issue here and would be minded to go for a refusal, can I suggest, somewhat unusually a deferral in order that I can request that officers from the highways authority specifically address the committee at a next meeting.

“The reason why I am saying that is we have had two experts review this, give their view and we are into a costs situation with a breach of a technical document.

“I am not trying to strongarm the committee. When there is a judgement issue, as we know, members can exercise that and you are unlikely to get costs at appeal. 

“But where there is a technical document and there are expert engineers involved; get that wrong and we are likely to be exposed to costs at appeal.”

Following further discussion the committee opted to defer the scheme again and invite East Sussex Highways officers to address them at a future meeting. 

Councillors also directed officers to begin the process of issuing Tree Protection Orders on the nearby oak trees, which members did not wish to see be removed to serve an entrance to the site.

The site has a long planning history, with three previous applications – for one, two and three houses – coming forward in recent years. 

Previous schemes had been refused for a number of reasons – including its position outside of an agreed development boundary, its position within the AONB and the impact on the Ashdown Forest special conservation areas. 

These reasons were tested at appeal, with only the impact on the Ashdown Forest remaining after consideration by planning inspectors.

However, this objection fell away following the failure of the Wealden Local Plan.

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

This has led to the scheme being recommended for approval as officers consider there are no such impacts.

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

A message from the Editor, Gary Shipton:

In order for us to continue to provide high quality and trusted local news, I am asking you to please purchase a copy of our newspapers.

With the coronavirus lockdown having a major impact on many of our local valued advertisers - and consequently the advertising that we receive - we are more reliant than ever on you helping us to provide you with news and information by buying a copy of our newspapers.

Our journalists are highly trained and our content is independently regulated by IPSO to some of the most rigorous standards in the world. But being your eyes and ears comes at a price. So we need your support more than ever to buy our newspapers during this crisis.

Stay safe, and best wishes.