New Detached dwelling was refused by Wealden Council and our clients who were acting on behalf of their client for this development approached us to enquire to see if we could assess the refusal for the possibility of appealing the decision.
The reasons given by Wealden Council were;
1. The site lies almost wholly within the exclusion zone of 400m surrounding the Ashdown Forest Special Protection Area, as set out in Policy WCS12 of the Adopted Wealden Core Strategy 2013. There is no scope to provide on-site mitigation for the impacts on the SPA from this residential use, and no scope to access effective mitigation of harmful effects through a financial contribution towards Suitable Alternative Natural Greenspace (SANG) and Strategic Access Management and Monitoring (SAMM) in line with the tariffs in the Council’s Ashdown Forest Mitigation Zone Background Paper, an approach supported by Natural England (NE). The planning authority are of the view the impacts of the proposed residential use cannot be mitigated in this location so close to the SPA designation.
2. The Planning Authority consider under regulation 63 of the Conservation of Habitats and Species Regulations 2017 it has a duty to apply the precautionary approach if it is not certain of the impacts and in this instance, it is of the view there are high risks of impact with the proposed residential use. Residents would be highly likely to utilize the Forest SPA for recreational purposes. The Habitats Directive applies a precautionary approach to protected areas and as such plans and projects can only be permitted once it is ascertained that there will be no adverse effect on the integrity of the site in question. Regulation 63 of the Habitats Regulations adopts a precautionary stance, and if there is any suggestion that the proposed use would have a more intense impact, Reg 63 would lead to a conclusion that the proposal should be resisted to protect the conservation objectives of the SPA.
3. The proposal would be likely to have an adverse impact on the integrity of the Special Protection Area in view of the site’s conservation objectives. The residents would in all likelihood be active occupiers of the site and there would therefore be a significant increase in domestic activity on site and potential use of the nearby SPA, in turn increasing the recreational pressures on the SPA. The proposals could also introduce more intense trappings of human activity on the edge of the SPA, undermining its qualities and presenting greater risk to the SAC habitat which underpins the SPA designation. Accordingly, the proposal would be contrary to Policy WCS12 of the Wealden District Council’s Core Strategy saved Policies EN1, EN7 and EN15 of the Wealden Local Plan (1998), and paragraph 177 of the National Planning Policy Framework
Many people upon receiving a refusal like this, decide to give up at this stage, and do not go to appeal, but honestly refusal reasons like these are perfectly normal and although comprehensive can be overcome.
The refusal reason stated that the site was ‘almost wholly’ within the 400m exclusion zone, however this was not correct. Whilst the host dwelling and most of its residential curtilage was within the exclusion zone, the actual appeal site sat entirely outside of this zone and was therefore not subject to the same controls. Wealden District Council were not able to demonstrate a 5-year housing supply and therefore, in line with the policies contained in the NPPF at Para. 11(d), a presumption in favor of sustainable development was triggered here. The site fell within the development boundary and was therefore in an area suitable for new dwellings. The highways officer had confirmed there were no concerns regarding highway safety, access, turning or parking and that the site was considered to be a sustainable location.
Our team put together a 52-page appeal statement explaining why this development was perfectly acceptable and should be allowed. This was then submitted to the planning inspectorate, taking the decision out of Wealden Councils hands.
The planning inspector made a site visit on June 27th and a decision was received on the 20th of July.
We are pleased to announce that the appeal was successful and planning permission granted.
Below you will find the full Planning Inspectorate Decision. If you are looking to appeal a local authority refusal contact our team today on 01743 369911 and claim your free no obligation consultation with one of our planning appeal case assessment officers.
Our team of planning appeal case assessment officers assess on average over 100 cases each per month working for architects, developers, home and landowners across England and Wales. Our unique and professional approach to planning appeals designed by our Chairman and Head of Legal Dr Robin Hooper and has a proven track record of success. This approach that weighs heavily on detail, evidence and argument is most certainly why our appeals get the results they do. Contact our planning appeal team today on 01743 369911 and claim your free no obligation consultation with one of our planning appeal case assessment officers.