Land off High Street, Barcombe Cross, East Sussex, BN8 5BB
Lewes District Council — appeal allowed
- Outcome
- Allowed
- Decision date
- 26 October 2023
- Authority
- Lewes District Council
- Inspector
- Edwards S
- Procedure
- Inquiry
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Reserved Matters
- Development type
- Major dwellings
- Appellant
- Rydon Homes Limited
- LPA reference
- LW/22/0153
- ONS LPA code
- E07000063
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 21 February 2023
Summary AI
The appeal for reserved matters was allowed due to the proposed development being consistent with the character, appearance, and rural setting of Barcombe Cross, and adhering to the requirements of Policy BA02 and the design aims of Policy DM25 of the LPP2.
PDF text
Land off High Street, Barcombe Cross, East Sussex, BN8 5BB — Lewes District Council — Appeal Decision Inquiry Held on 4 and 5 July 2023 Site visit made on 4 July 2023 by S Edwards MA MATCP MRTPI an Inspector appointed by the Secretary of State Decision date: 26th October 2023 Appeal Ref: APP/P1425/W/23/3316217 Land off High Street, Barcombe Cross (Easting:541847 Northing:115720) • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant consent to details required by a condition of a planning permission. • The appeal is made by Rydon Homes Limited against the decision of Lewes District Council. • The application Ref LW/22/0153, dated 3 March 2022, sought approval of details pursuant to condition No 2 of a planning permission Ref LW/21/0530, granted on 12 August 2021. • The application was refused by notice dated 8 December 2022. • The development proposed is ‘Approval of Reserved Matters Application for AMENDED PLANS - Approval of reserved matters application for details of appearance, landscaping, layout and scale relating to outline approval LW/21/0530, for the erection of 26 dwellings’. • The details for which approval is sought are: appearance, landscaping, layout and scale. Decision 1.
Land off High Street, Barcombe Cross, East Sussex, BN8 5BB — Lewes District Council — Appeal Decision The appeal is allowed and the reserved matters are approved, namely appearance, landscaping, layout and scale details submitted in pursuance of condition No 2 attached to planning permission Ref LW/21/0530, granted on 12 August 2021, in accordance with the terms of the application Ref LW/22/0153 and the plans submitted with it, and subject to the conditions in Annex A to this decision. Application for costs 2. Prior to the Inquiry an application for costs was made by Rydon Homes Limited against Lewes District Council. This application is the subject of a separate Decision. Preliminary Matters 3. The Reserved Matters application subject to this appeal was refused for two reasons. A Report to Lewes Planning Application Committee dated the 19 April 2023 explained that the application of appropriately worded conditions would overcome the concerns previously raised by East Sussex County Council, and the risk of flooding would be mitigated to an acceptable degree. On this basis, the Local Planning Authority did not maintain the second reason for refusal relating to surface and foul water management. This was made clear by the Council prior to the Case Management Conference (CMC) held on the 27 April 2023.
Land off High Street, Barcombe Cross, East Sussex, BN8 5BB — Lewes District Council — Appeal Decision https://www.gov.uk/planning-inspectorate
Land off High Street, Barcombe Cross, East Sussex, BN8 5BB — Lewes District Council — Appeal Decision https://www.gov.uk/planning-inspectorate
Land off High Street, Barcombe Cross, East Sussex, BN8 5BB — Lewes District Council — Appeal Decision Appeal Decision APP/P1425/W/23/3316217 Main Issue 4. Given the above, I consider that the main issue is the effect of the proposal on the character and appearance of the area. Reasons The site and surrounding area 5. The appeal site comprises an enclosed field located on the northern side of the High Street, towards the western edge of Barcombe Cross. There are important changes in level across the site, including a rise of approximately 5.5 metres from west to east. The site is contained by a tree line along its western and northern boundaries, together with trees on the northern end of the eastern boundary, whilst a mature hedgerow defines the southern boundary. The field is otherwise characterised by its openness to the south-west, as seen on the approach to the village. 6. The appeal site lies within the setting of the Barcombe Cross Conservation Area, which does not encompass the whole village, but focuses mainly on the historic core around the crossroads and also includes modern housing. The pattern of development along the High Street is predominantly characterised by buildings positioned close to the road and in many instances, small landscaped areas maintained to frontages. 7.
Land off High Street, Barcombe Cross, East Sussex, BN8 5BB — Lewes District Council — Appeal Decision The staggered arrangement of the buildings, together with the variety of architectural styles present within the Conservation Area, reflect the strong historic character of a settlement which has developed organically over the centuries. Given the above, I find that the significance of the Conservation Area resides primarily in the rich collection of historic buildings and intimate, rural setting of this hilltop settlement, surrounded by open countryside. 8. The site is surrounded by the Barcombe Cross Conservation Area on its western, southern and eastern sides, and represents a notable feature within the setting of this designated heritage asset. By virtue of its undeveloped character, there is no doubt that the site makes a positive contribution to the setting of the Conservation Area. Planning policy context and history 9. It is important to appreciate the context in which outline planning permission was granted for this residential scheme on the site. Policy BA02 of the Lewes District Local Plan Part 2 – Site Allocations and Development Management Policies1 (the LPP2) allocates the site for residential development to provide approximately 25 net additional dwellings.
Land off High Street, Barcombe Cross, East Sussex, BN8 5BB — Lewes District Council — Appeal Decision The development of this allocated site is subject to compliance with all appropriate development plan policies and a number of specific criteria. 10. In August 2021, the Council granted outline planning permission for the erection of up to 26 dwellings (including 10 affordable homes) on the site subject to this appeal, together with associated development and access off the High Street. Whilst the application was accompanied by indicative layout plans, all other matters (appearance, landscaping, layout and scale) were reserved for subsequent determination. 1 February 2020. https://www.gov.uk/planning-inspectorate 2
Land off High Street, Barcombe Cross, East Sussex, BN8 5BB — Lewes District Council — Appeal Decision The development of this allocated site is subject to compliance with all appropriate development plan policies and a number of specific criteria. 10. In August 2021, the Council granted outline planning permission for the erection of up to 26 dwellings (including 10 affordable homes) on the site subject to this appeal, together with associated development and access off the High Street. Whilst the application was accompanied by indicative layout plans, all other matters (appearance, landscaping, layout and scale) were reserved for subsequent determination. 1 February 2020. https://www.gov.uk/planning-inspectorate 2
Land off High Street, Barcombe Cross, East Sussex, BN8 5BB — Lewes District Council — Appeal Decision Appeal Decision APP/P1425/W/23/3316217 11. Bringing these points together helps defining the baseline for the purposes of this reserved matters proposal. The loss of this undeveloped field and the principle of building up to 26 dwellings with associated infrastructure on the site, as envisaged by Policy BA02 of the LPP2 were accepted by the Council when outline planning permission was granted, thus confirming that this number of dwellings could be satisfactorily accommodated on the site. This is not however to say that the appearance, landscaping, layout and scale are necessarily acceptable in all circumstances. Effect of the proposal 12. The layout previously shown on the indicative plans submitted as part of the outline scheme has been significantly altered as part of the reserved matters application. Some of the dwellings would be positioned closer to the High Street frontage. The area of open space previously shown to the front of the site as part of the outline scheme is proposed to be relocated towards the rear of the site, and would also incorporate a play area. 13.
Land off High Street, Barcombe Cross, East Sussex, BN8 5BB — Lewes District Council — Appeal Decision The concerns of the Council relate primarily to the frontage buildings and the effect that this would have on the rural character of the surrounding area. In that respect, my attention has been drawn to the explanatory text to Policy BA02, which states that ‘as part of any development, new properties should be set back from the High Street, be no more than two storeys and ‘blocks’ of development avoided to help retain a sense of transition into the village from the surrounding area’. 14. Whilst the Courts2 have previously confirmed that the supporting text is ‘plainly relevant to the interpretation of a policy to which it relates’, ‘it is not itself a policy or part of a policy, it does not have the force of policy and it cannot trump the policy’. In Cherkley, the Court of Appeal could not envisage a situation where a development that accorded with the policies in the local plan could be found not to conform with the plan because it failed to satisfy an additional criterion referred to only in the supporting text.
Land off High Street, Barcombe Cross, East Sussex, BN8 5BB — Lewes District Council — Appeal Decision In my view, this is particularly relevant to the appeal scheme, given that the reference to a “set back from the High Street” being required as part of the development is only found in the supporting text, and is not explicitly mentioned in Policy BA02. 15. In any event, the proposed buildings fronting the High Street would be set back from the road, albeit to a lesser degree than proposed as part of the outline scheme. As shown on the proposed plans, the frontage dwellings would be set back from the road, behind small areas of semi-private front gardens and the existing mature hedgerow. To my mind, the proposed layout would be consistent with the varied and staggered building lines found within the village, which would thus ensure that the appeal scheme integrates satisfactorily with the surrounding streetscape and reflects its village setting. 16. The buildings would all be two-storey in height and the scale of development would be consistent with the aims of Policy BA02.
Land off High Street, Barcombe Cross, East Sussex, BN8 5BB — Lewes District Council — Appeal Decision I note the points made by interested parties regarding the siting of the frontage buildings in relation to the road level, but with the degree of set back proposed, this would not be significantly different from other properties along the High Street. 2 Cherkley Campaign Ltd, R (on the application of) v Mole Valley DC & Anor [2014] EWCA Civ 567 (07 May 2014). https://www.gov.uk/planning-inspectorate 3
Land off High Street, Barcombe Cross, East Sussex, BN8 5BB — Lewes District Council — Appeal Decision I note the points made by interested parties regarding the siting of the frontage buildings in relation to the road level, but with the degree of set back proposed, this would not be significantly different from other properties along the High Street. 2 Cherkley Campaign Ltd, R (on the application of) v Mole Valley DC & Anor [2014] EWCA Civ 567 (07 May 2014). https://www.gov.uk/planning-inspectorate 3
Land off High Street, Barcombe Cross, East Sussex, BN8 5BB — Lewes District Council — Appeal Decision Appeal Decision APP/P1425/W/23/3316217 17. Views of the site from the railway bridge will inevitably change from an undeveloped field to a residential development. As a consequence of the site’s allocation and the grant of outline planning permission, it is accepted that the sense of openness which presently characterises the site will be diminished. In that respect, the degree of set back from the road frontage would have to be significantly greater than what is proposed here or was shown as part of the outline scheme to preserve some form of openness. More critical to my mind is the sense of transition from the village into the wider countryside, which the appeal scheme has sought to achieve, having regard to the pattern of development and vernacular architecture which define Barcombe Cross, but also by placing a strong emphasis on the importance of soft landscaping. 18. The design of the proposed dwellings would reflect the built heritage and local vernacular which characterise Barcombe Cross.
Land off High Street, Barcombe Cross, East Sussex, BN8 5BB — Lewes District Council — Appeal Decision This, together with the retention of trees, hedgerows and the implementation of a soft landscaping scheme, would ensure that the development successfully integrates with its surroundings, whilst contributing to the sense of transition from the edge of the village into the wider countryside. 19. At the Inquiry, the Council confirmed that their concerns relate solely to the effect of the development on the rural setting of the village. It was accepted that there would be no harm caused to the special interest of the Conservation Area, other than that caused by the loss of an undeveloped field within the setting of this designated heritage asset, as identified as part of the assessment of the outline scheme. In reflecting the traditional vernacular, the appeal scheme would be respectful of the character, appearance and setting of the adjacent Barcombe Cross Conservation Area, as per the requirements of Policy BA02. 20. The parties have referred to a subsequent Reserved Matters application3, which shows dwellings being set back further from the High Street frontage. However, this application merely shows that there may be several, suitable ways of developing the site.
Land off High Street, Barcombe Cross, East Sussex, BN8 5BB — Lewes District Council — Appeal Decision In any event, it is of limited relevance to the determination of this appeal, because I consider that the details shown as part of the proposal before me are acceptable in planning terms, regardless of potential alternatives. 21. For the foregoing reasons, and having regard to the layout and siting of the proposed dwellings in relation to the High Street, I am satisfied that the appeal scheme would respect the character, appearance and rural setting of Barcombe Cross, and would therefore accord with the requirements of Policy BA02 and the design aims of Policy DM25 of the LPP2. Moreover, I find no conflict with Policies CP2, CP10 and CP11 of Lewes District Local Plan Part 1 – Joint Core Strategy 2010-20304 (the LPP1). Amongst other things, these seek to ensure that development proposals are of a high-quality design and reflect the character of the surrounding area, to conserve and enhance the natural, built and historic environment of the District. Other Matters Foul and surface water drainage 3 Local Planning Authority Reference LW/23/0090. 4 May 2016. https://www.gov.uk/planning-inspectorate 4
Land off High Street, Barcombe Cross, East Sussex, BN8 5BB — Lewes District Council — Appeal Decision Appeal Decision APP/P1425/W/23/3316217 22. As noted above, the Council chose not to defend the Reason for Refusal related to foul and surface water drainage prior to the CMC. There were however concerns raised by interested parties regarding the effect of the proposal on foul and surface water drainage, notably by reason of the changes to the layout proposed as part of the Reserved Matters application, which I have had regard to. At the Inquiry, the appellant’s witness explained how foul and surface water drainage would be dealt with as part of the development. 23. The site lies within Flood Zone 1 and is as such at low risk of tidal and fluvial flooding. As noted within the Case Officer’s report, there are no record of significant surface water drainage issues within the site itself, but it is noted that Willow Cottage and the area further west known as Bridgelands are identified by the Environment Agency as being at high risk of surface water flooding, and it is therefore critical that the development of the site does not increase flood risk elsewhere. 24. As confirmed by site investigation works, ground conditions are not suitable for the implementation of infiltration drainage systems.
Land off High Street, Barcombe Cross, East Sussex, BN8 5BB — Lewes District Council — Appeal Decision At the Inquiry, the appellant’s witness also explained that the site’s topography presents a good opportunity for the management of surface water, using the adjacent watercourse. The appeal scheme would therefore utilise surface water attenuation facilities, including a large basin in the south-western corner of the site that would store and release surface water, and a swale in the biodiversity protection area. 25. The capacity of the attenuation basin has been designed to make appropriate allowances for climate change, and runoff from the proposed hard surfaced areas would be restricted to a single greenfield, mean annual flood rate, which was agreed with the Lead Local Flood Authority (LLFA) and approved as part of the outline scheme. Furthermore, the basin would be fitted with an impermeable liner to ensure that it remains isolated, to prevent groundwater from entering this attenuation feature. 26. Foul water is proposed to be discharged to a public sewer situated within the High Street, using a foul pumping station located in the site’s western margin.
Land off High Street, Barcombe Cross, East Sussex, BN8 5BB — Lewes District Council — Appeal Decision It is unclear at this stage whether the development would require the installation of a ‘Type 2’ or ‘Type 3’ pumping station, and whether the pumping station and associated network will be adopted by the Sewerage Undertaker, but a management company would otherwise be set up to maintain the installation. The appellant’s submissions have clearly demonstrated that either solution can be accommodated on the site, and that suitable access could be provided to maintain the installation. 27. The effects of constructing up to 26 dwellings and associated impermeable surfaces on what is currently an undeveloped field were assessed as part of the outline planning application. Both the LLFA and Southern Water were consulted and raised no objection to the proposals, subject to the imposition of suitably worded conditions. 28. I appreciate that interested parties have genuine concerns about whether the surface water and foul drainage strategy would be capable of operating satisfactorily.
Land off High Street, Barcombe Cross, East Sussex, BN8 5BB — Lewes District Council — Appeal Decision However, a number of conditions were imposed as part of the outline planning application, to ensure that further surface water and foul drainage details, as well as management and maintenance arrangements, are submitted to and approved by the Local Planning Authority. https://www.gov.uk/planning-inspectorate 5
Land off High Street, Barcombe Cross, East Sussex, BN8 5BB — Lewes District Council — Appeal Decision However, a number of conditions were imposed as part of the outline planning application, to ensure that further surface water and foul drainage details, as well as management and maintenance arrangements, are submitted to and approved by the Local Planning Authority. https://www.gov.uk/planning-inspectorate 5
Land off High Street, Barcombe Cross, East Sussex, BN8 5BB — Lewes District Council — Appeal Decision Appeal Decision APP/P1425/W/23/3316217 29. The appellant’s submissions clearly demonstrate that the proposed layout can accommodate satisfactorily foul and surface water drainage. Having regard to the evidence submitted as part of the appeal and presented at the Inquiry, I have no reasons to come to the view that the proposal would increase flood risk elsewhere, adversely affect neighbouring residential properties, or lead to the discharge of sewage into watercourses. Other concerns 30. Other concerns have been raised by interested parties, including reservations regarding the environmental impact of the development and highway safety implications, which I have noted. However, I am satisfied that these matters were appropriately assessed as part of the outline application. Conditions 31. A draft list of conditions was submitted during the Inquiry. These were discussed and to a large extent agreed by the Council and the appellant prior to the Inquiry. I have considered the suggested conditions, making minor amendments where necessary, to ensure compliance with the tests as set within the Framework and the National Planning Practice Guidance.
Land off High Street, Barcombe Cross, East Sussex, BN8 5BB — Lewes District Council — Appeal Decision The appellant has confirmed his agreement to the suggested pre-commencement conditions. 32. A condition requiring that the development is carried out in accordance with the approved plans is considered necessary to provide certainty. The suggested commencement condition is not considered necessary, as this is already covered by the decision to grant outline planning permission. 33. In order to ensure that the quality of the design is carried through into its construction and to preserve the setting of the Conservation Area, it is necessary to add a condition requiring details of the external materials to be approved by the Council. A condition requiring some of the windows to be obscure glazed is needed to protect the living conditions of neighbouring residents. 34. I shall also impose conditions requiring details of the proposed car and cycle parking arrangements to be approved by the Council, in the interests of highway safety and to promote sustainable modes of travel. The condition specifying the size of the parking spaces is not considered necessary, as this can be addressed appropriately as part of the car parking condition referred above. 35.
Land off High Street, Barcombe Cross, East Sussex, BN8 5BB — Lewes District Council — Appeal Decision Some of the suggested conditions could have been imposed as part of the decision to grand outline planning permission, but these are considered necessary in the interest of public safety and to prevent damage to the environment. I shall therefore add the suggested pre-commencement condition requiring the submission of an Unexploded Ordnance risk assessment, and a condition to address potential contamination. Conditions requiring details of the surface water drainage scheme and the attenuation pond to be approved by the Local Planning Authority are considered necessary to ensure that surface water/sewage is dealt with effectively. https://www.gov.uk/planning-inspectorate 6
Land off High Street, Barcombe Cross, East Sussex, BN8 5BB — Lewes District Council — Appeal Decision Some of the suggested conditions could have been imposed as part of the decision to grand outline planning permission, but these are considered necessary in the interest of public safety and to prevent damage to the environment. I shall therefore add the suggested pre-commencement condition requiring the submission of an Unexploded Ordnance risk assessment, and a condition to address potential contamination. Conditions requiring details of the surface water drainage scheme and the attenuation pond to be approved by the Local Planning Authority are considered necessary to ensure that surface water/sewage is dealt with effectively. https://www.gov.uk/planning-inspectorate 6 Appeal Decision APP/P1425/W/23/3316217 Conclusion 36. The appeal scheme would make a notable contribution towards the delivery of market and affordable homes, in an area which currently experiences significant housing land supply issues. For the reasons given above, and having regard to all other matters raised, I conclude that the appeal should be allowed, and the submitted details of appearance, landscaping, layout and scale submitted in pursuance of condition No 2 attached to the original grant of outline planning permission, should be approved.
Land off High Street, Barcombe Cross, East Sussex, BN8 5BB — Lewes District Council — S Edwards INSPECTOR https://www.gov.uk/planning-inspectorate 7
Land off High Street, Barcombe Cross, East Sussex, BN8 5BB — Lewes District Council — S Edwards INSPECTOR https://www.gov.uk/planning-inspectorate 7 Appeal Decision APP/P1425/W/23/3316217 APPEARANCES FOR THE APPELLANT: Richard Turney, of Landmark Chambers. Instructed by Rydon Homes Limited He called: Peter Raynier Principal Director of Planning at DMH Stallard Jonathan Fox Director at OSP Architecture Robert Bourn Managing Director at Orion Heritage Ltd Paul Daykin HSP Consulting Engineers Limited FOR THE LOCAL PLANNING AUTHORITY: Rowan Clapp, of Cornerstone Barristers. Instructed by Lewes District Council He called: Marc Dorfman Senior Specialist Planning Officer INTERESTED PARTIES: Dr John Kay CPRE Sussex Andy Holman Barcombe Parish Council Robin St. Clair Jones Local resident Isabelle Linington Local resident, former district Councillor Rosalyn St-Pierre Local resident Nigel Saxby Local resident Pauline Cranfield Local resident https://www.gov.uk/planning-inspectorate 8
Land off High Street, Barcombe Cross, East Sussex, BN8 5BB — Lewes District Council — S Edwards Appeal Decision APP/P1425/W/23/3316217 DOCUMENTS HANDED UP TO THE INQUIRY ID1 Opening Statement on behalf of the Local Planning Authority ID2 Comments by Dr John Kay, CPRE Sussex ID3 Proposed conditions ID4 Signed Statement of Common Ground ID5 Appellant’s Opening Submissions ID6 Representation made by Mr Holman on behalf of Barcombe Parish Council ID7 Barcombe Residents (Mr Bryce) Statement of Evidence ID8 Council’s Reply to the Applicant’s Application for Costs ID9 Closing Submissions on behalf of the Local Planning Authority ID10 Appellant’s Closing Submissions and Costs Reply https://www.gov.uk/planning-inspectorate 9
Land off High Street, Barcombe Cross, East Sussex, BN8 5BB — Lewes District Council — S Edwards Appeal Decision APP/P1425/W/23/3316217 DOCUMENTS HANDED UP TO THE INQUIRY ID1 Opening Statement on behalf of the Local Planning Authority ID2 Comments by Dr John Kay, CPRE Sussex ID3 Proposed conditions ID4 Signed Statement of Common Ground ID5 Appellant’s Opening Submissions ID6 Representation made by Mr Holman on behalf of Barcombe Parish Council ID7 Barcombe Residents (Mr Bryce) Statement of Evidence ID8 Council’s Reply to the Applicant’s Application for Costs ID9 Closing Submissions on behalf of the Local Planning Authority ID10 Appellant’s Closing Submissions and Costs Reply https://www.gov.uk/planning-inspectorate 9
Land off High Street, Barcombe Cross, East Sussex, BN8 5BB — Lewes District Council — S Edwards Appeal Decision APP/P1425/W/23/3316217 ANNEX A: SCHEDULE OF CONDITIONS 1) The development to which this permission relates shall be carried out in accordance with the approved plans set out in Annex B to this decision. 2) Prior to the commencement of development an Unexploded Ordnance (UXO) risk assessment must be submitted to and approved in writing by the Local Planning Authority and construction works carried out in adherence to any recommendation made within the assessment. 3) No development shall take place on site until full details of surface water drainage have been submitted to and approved in writing by the Local Planning Authority. All development shall be undertaken in accordance with the approved details and no building shall be occupied until the approved works have been completed. The surface water drainage system shall be retained as approved and maintained thereafter. 4) Prior to the application of any external finish (including window and door frames), a full schedule of external material finishes and samples to be used on the development hereby approved shall be submitted to and approved in writing by the Local Planning Authority.
Land off High Street, Barcombe Cross, East Sussex, BN8 5BB — Lewes District Council — S Edwards Thereafter the development shall be carried out in full accordance with the approved schedule and samples. 5) The development to which this permission relates shall not be occupied until parking areas have been provided in accordance with details to be submitted to and approved in writing by the Local Planning Authority in consultation with the Local Highway Authority. The areas shall thereafter be retained for that use and shall not be used other than for the parking of motor vehicles. 6) The development to which this permission relates shall not be occupied until cycle parking areas have been provided in accordance with details to be submitted to and approved in writing by the Local Planning Authority in consultation with the Local Highway Authority. The areas shall thereafter be retained for that use and shall not be used other than for the parking of cycles. 7) If, during the course of construction of the approved development, any contamination not previously identified is found to be present at the site, then no further development shall be carried out until a remediation strategy detailing how this contamination will be dealt with has been submitted to and approved in writing by the Local Planning Authority.
Land off High Street, Barcombe Cross, East Sussex, BN8 5BB — Lewes District Council — S Edwards The approved remediation strategy shall be implemented before the development is resumed or continued. 8) The first-floor windows on the southern elevation of plot 23 and the eastern elevation of plot 26 shall be obscure glazed and fixed shut at all times, other than any parts that are over 1.7 metres above the finished floor level of the rooms that they serve. 9) The detailed design of the attenuation pond should be informed by findings of groundwater monitoring between autumn and spring. The design should leave at least 1 metre unsaturated zone between the base of the ponds and the highest records groundwater level. If this cannot be achieved, details of measures to be taken to manage the impacts of high groundwater shall be submitted to and approved in writing by the Local Planning Authority. The https://www.gov.uk/planning-inspectorate 10
Land off High Street, Barcombe Cross, East Sussex, BN8 5BB — Lewes District Council — S Edwards Appeal Decision APP/P1425/W/23/3316217 design of the attenuation pond shall include a knee-high post and rail boundary fence, a warning sign and life buoy ring. Details shall be submitted to and approved in writing by the Local Planning Authority. The attenuation pond shall be implemented in accordance with the approved details prior to occupation of the development, and maintained in a good condition for the lifetime of the development. END OF SCHEDULE https://www.gov.uk/planning-inspectorate 11 Appeal Decision APP/P1425/W/23/3316217 ANNEX B: SCHEDULE OF APPROVED PLANS
Land off High Street, Barcombe Cross, East Sussex, BN8 5BB — Lewes District Council — S Edwards Appeal Decision APP/P1425/W/23/3316217 ANNEX B: SCHEDULE OF APPROVED PLANS
Land off High Street, Barcombe Cross, East Sussex, BN8 5BB — Lewes District Council — S Edwards | Plan Type | Date Received | Reference: | | --- | --- | --- | | Location Plan | 2nd March 2022 | 1057-RM-01 | | Tree Works Plan | 5th May 2022 | 1057-RM-03 Rev B | | Parking Allocation Plan | 5th May 2022 | 1057-RM-04 Rev B | | Refuse and Recycling Layout | 5th May 2022 | 1057-RM-05 Rev B | | Fire Tender Tracking Plan | 5th May 2022 | 1057-RM-06 Rev B | | Ground Floor Layout | 5th May 2022 | 1057-RM-07 Rev B | | Road Adoption Plan | 5th May 2022 | 1057-RM-08 Rev B | | Boundary Treatment Plan | 5th May 2022 | 1057-RM-09 Rev B | | Hard Landscaping Layout | 5th May 2022 | 1057-RM-10 Rev B | | Soft Landscaping Layout (sheet 1) | 2nd March 2022 | 1057-RM-11 | | Soft Landscaping Layout (sheet 2) | 2nd March 2022 | 1057-RM-12 | | Affordable Housing Plan | 5th May 2022 | 1057-RM-13 Rev A | | Existing and Proposed Levels (sheet 1) | 31st May 2022 | 1057-RM-14 Rev B | | Existing and Proposed Levels (sheet 2) | 31st May 2022 | 1057-RM-15 Rev B | | Air Source Heat Pump Locations | 5th May 2022 | 1057-RM-16 | | Coloured Site Layout | 25th October 2022 | 22080-C201 Rev A | | Dwelling Material Distribution Plan | 25th October 2022 | 22080-C203 | | Proposed Site Layout | 25th October 2022 | 22080-P201 |
Land off High Street, Barcombe Cross, East Sussex, BN8 5BB — Lewes District Council — S Edwards | Plan Type | Date Received | Reference: | | --- | --- | --- | | Coloured Street Scenes AA-CC | 25th October 2022 | 22080-C204 | | Coloured Street Scenes DD-FF | 25th October 2022 | 22080-C205 | | Plot 1-3 Plans and Elevations | 25th October 2022 | 22080-P210 | | Plot 4 Plans and Elevations | 25th October 2022 | 22080-P211 | | Plot 5 Plans and Elevations | 25th October 2022 | 22080-P212 | | Plot 6 Plans and Elevations | 25th October 2022 | 22080-P213 | | Plot 7 Plans and Elevations | 25th October 2022 | 22080-P214 | | Plot 8 Plans and Elevations | 25th October 2022 | 22080-P215 | | Plot 9 Plans and Elevations | 25th October 2022 | 22080-P216 | | Plot 10 Plans and Elevations | 25th October 2022 | 22080-P217 | | Plot 11 Plans and Elevations | 25th October 2022 | 22080-P218 |
Land off High Street, Barcombe Cross, East Sussex, BN8 5BB — Lewes District Council — S Edwards https://www.gov.uk/planning-inspectorate 12 Appeal Decision APP/P1425/W/23/3316217 | Plot 12 Plans and Elevations | 25th October 2022 | 22080-P219 | | --- | --- | --- | | Plots 13-16 Plans and Elevations | 25th October 2022 | 22080-P220 | | Plots 17-20 Plans and Elevations | 25th October 2022 | 22080-P221 | | Plots 21 & 22 Plans and Elevations | 25th October 2022 | 22080-P222 | | Plot 23 Plans and Elevations | 25th October 2022 | 22080-P223 | | Plot 24 -26 Plans and Elevations | 25th October 2022 | 22080-P224 | https://www.gov.uk/planning-inspectorate 13
Main issues and findings
Heritage impact Against appellant ¶5-8
The site lies within the setting of the Barcombe Cross Conservation Area, and the proposed development would result in the loss of an undeveloped field within the designated heritage asset. However, the Inspector found that the proposal would respect the character, appearance, and setting of the adjacent Conservation Area.
Planning obligations Against appellant ¶24-28
The Council had concerns regarding the effect of the proposal on foul and surface water drainage, but the Inspector found that the proposed layout could accommodate satisfactorily foul and surface water drainage, and that the development would not increase flood risk elsewhere.
Highway safety Against appellant ¶30
The Inspector noted concerns regarding highway safety implications, but found that these matters were appropriately assessed as part of the outline application.
Policies relied on
| Reference | Weight |
|---|---|
| Policy BA02 |
Determinative |
| Policy DM25 |
Substantial |
| Policies CP2, CP10 and CP11 |
Substantial |
Site constraints from the Casework Database
Source
Decision letter, 13 pages, issued by the Planning Inspectorate on 26 October 2023 under the Open Government Licence.