Ninfield 40-home development dismissed at appeal

In a decision issued last month, a planning inspector has dismissed an appeal connected to proposals to build up to 40 houses on land south of Catsfield Road.

The developer, who argued the proposals should be approved, put in the initial appeal on the grounds that Wealden District Council did not issue a decision within the statutory timelimit. 

While Wealden had not made a decision at the time, it told the inspector it would have refused planning permission on the grounds that it fell outside of Ninfield’s development boundary, would be an “unacceptable and inappropriate form of development” and that the applicant had failed to show how the site could be safely accessed.

In appeal documents, a Wealden planning officer said: “The council considers that the adverse harm identified within the environmental role relating to the impact on the character and appearance of the site and the surrounding area clearly outweigh the social and economic advantages of the scheme.

“The appeal scheme has also failed to demonstrate the site can be safely accessed and there would be no detrimental impact with regard to safety and capacity of the highway network 

“In applying the tilted balance under the National Planning Policy Framework (NPPF) the development would be contrary to the development plan and it is considered that the benefits of the appeal scheme, including the degree to which this would address the shortfall in housing supply in the district, are significantly and demonstrably outweighed by the adverse impacts.”

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These proposed reasons for refusal were disputed by the applicant, Ninfield Investments Limited, which argued the council’s out-of-date local plan meant the development boundary should not be used as a basis for refusing the scheme.

When coupled with the council’s lack of a five-year housing land supply should give a ‘presumption in favour’ of the development, the applicant argued.

The applicant also provided evidence from a highways consultant, which it said demonstrated the site could be safely accessed. 

It also criticised the lack of communication from the council, saying that the scheme could have been refined to overcome these concerns if further consultation had taken place.

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Ultimately, however, the inspector shared the council’s view that the development’s disadvantages would outweigh its benefits in terms of housing. 

In their report, the inspector said: “It is clear that the adverse impacts of granting planning permission would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken as a whole. 

“Neither the support in the Framework, nor in the development plan, for the delivery of new housing is unconditional. In that context, the proposal would not constitute sustainable development for which the presumption in favour applies

For further information on the application and appeal, see planning reference WD/2020/0246/MAO on the Wealden District Council website.

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