Case 3367636

Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP

Wealden District Council — appeal allowed

Outcome
Allowed
Decision date
31 October 2025
Authority
Wealden District Council
Inspector
Pearce J
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Major dwellings
Appellant
Terra
LPA reference
WD/2024/0323/MAO
ONS LPA code
E07000065
Jurisdiction
Transferred
Link status
Not Linked
Start date
7 July 2025

Summary AI

The appeal is allowed due to the benefits of the proposed development outweighing its adverse impacts. The development would provide 37 dwellings, improve housing supply, and bring social and economic benefits. However, there would be some harm to the living conditions of neighbouring properties due to increased traffic noise and disturbance during the construction phase.

Generated from the decision letter — check against the original before relying on it.

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Page 1 · Chunk 0 Appeal Decision

Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — Appeal Decision Site visit made on 15 September 2025 by J Pearce MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 31 October 2025 Appeal Ref: APP/C1435/W/25/3367636 Land West of Limestone Way, Maresfield TN22 2DP • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant outline planning permission. • The appeal is made by Ms Tamsin Almeida of Terra against the decision of Wealden District Council. • The application Ref is WD/2024/0323/MAO. • The development proposed is described as for up to 37 dwellings and detailed vehicular access from Limestone Way (with all other matters reserved). Decision 1. The appeal is allowed and outline planning permission is granted for up to 37 dwellings and detailed vehicular access from Limestone Way (with all other matters reserved) at Land West of Limestone Way, Maresfield TN22 2DP in accordance with the terms of the application, Ref WD/2024/0323/MAO, subject to the conditions in the attached Schedule. Preliminary Matters 2. The application form states that the site address is ‘Land at Limestone Way’, whereas the decision notice and appeal form refer to the site as ‘Land West of Limestone Way’.

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Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — Appeal Decision I have taken the address in the banner heading and formal decision from the decision notice and appeal form as this is more precise. I do not consider that this has prejudiced any of the parties and I have proceeded with the appeal on this basis. 3. The proposal is for outline planning permission, and the application form makes clear that approval is also sought at this stage for access but not for appearance, landscaping, layout and scale. Drawings have been submitted showing a layout of development at the site. I have treated the drawings as being for illustrative purposes and have considered the appeal on this basis. 4. As part of the appeal, the appellant has submitted a Framework Construction Traffic Management Plan (FCTMP)1. I have given due consideration to guidance in the ‘Procedural Guide: Planning Appeals - England’ 20252, and the judgement in Holborn Studios Ltd v The Council of the London Borough of Hackney (2018), which refined the ‘Wheatcroft Principles’ referred to in the guidance, and addressed the matter of amended plans being submitted with an appeal, in deciding whether to accept the FCTMP. 1 Dated 13 June 2025, prepared by i-Transport LLP.

Page 1 · Chunk 2 Appeal Decision

Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — Appeal Decision 2 Section 16 of the Procedural Guide Planning Appeals – England advises that the appeal process should not be used to evolve a scheme and it is important that what is considered by the Inspector is essentially what was considered by the local planning authority, and on which interested people’s views were sought. https://www.gov.uk/planning-inspectorate

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Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — Appeal Decision 2 Section 16 of the Procedural Guide Planning Appeals – England advises that the appeal process should not be used to evolve a scheme and it is important that what is considered by the Inspector is essentially what was considered by the local planning authority, and on which interested people’s views were sought. https://www.gov.uk/planning-inspectorate

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Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — Appeal Decision Appeal Decision APP/C1435/W/25/3367636 5. I consider the proposal before me (should the FCTMP be included), is essentially the same as the scheme that was considered by the Council and therefore that the appeal process is not being used to evolve the scheme. Furthermore, the Council and interested parties have had the opportunity to comment on this information. As such I am satisfied that the revisions do not alter the proposed development to an extent that anyone involved in the appeal would be prejudiced or impacted should I accept the FCTMP. Main Issues 6. The main issues are the effect of the proposed development on: • highway safety and the highway network; and • the living conditions of occupants of neighbouring properties, with regard to noise and disturbance. Reasons Highway safety 7. The appeal site comprises a large field at the termination of Limestone Way, with the main part of the site being located to the rear of an existing swale. The site is bounded by development on three sides, including residential development at Limestone Way and Bloomery Way and the bowls club. Beyond the other boundary, formed by established planting, is Maresfield Bypass (the A22). 8.

Page 2 · Chunk 5 Appeal Decision

Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — Appeal Decision The proposal is for up to 37 dwellings with the sole vehicular access being taken directly from Limestone Way. Following an initial objection from the Highway Authority (HA) regarding the width of the access to the site from Limestone Way, the proposed access was amended and would have a carriageway width of 5.5 metres. The access would allow for adequate space for vehicles to comfortably pass each other into and out of the site. The provision of footways to either side of the carriageway would also allow for pedestrians to safely access the site from Limestone Way. 9. The site would be approached, during both the construction and operational phases of the development, via Field End and Rolling Mill before entering the site itself directly from Limestone Way. The HA states that these roads form part of the adopted highway network. Field End is a residential street with pedestrian footways on either side of the carriageway. Beyond the junction with The Paddocks the carriageway narrows before entering Rolling Mill. The narrower width and curvature of Rolling Mill encourages lower speeds, in particular at the junction with Limestone Way where the width of the carriageway is reduced further. 10.

Page 2 · Chunk 6 Appeal Decision

Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — Appeal Decision Limestone Way is a residential cul-de-sac with a moderate carriageway width and narrow pedestrian footways on either side beyond low kerbstones. On entering Limestone Way, the carriageway narrows for a limited distance beyond a ramp, creating a pinch point and restricting vehicle speeds and reducing the ability for vehicles to pass each other. While narrow, the carriageway beyond the initial pinch point is of a sufficient width in accordance with guidance in Manual for Streets and the HA, and allows vehicles to pass each other without overrunning the carriageway. https://www.gov.uk/planning-inspectorate 2

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Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — Appeal Decision Limestone Way is a residential cul-de-sac with a moderate carriageway width and narrow pedestrian footways on either side beyond low kerbstones. On entering Limestone Way, the carriageway narrows for a limited distance beyond a ramp, creating a pinch point and restricting vehicle speeds and reducing the ability for vehicles to pass each other. While narrow, the carriageway beyond the initial pinch point is of a sufficient width in accordance with guidance in Manual for Streets and the HA, and allows vehicles to pass each other without overrunning the carriageway. https://www.gov.uk/planning-inspectorate 2

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Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — Appeal Decision Appeal Decision APP/C1435/W/25/3367636 11. Properties in Limestone Way are provided with off-street parking, including within parking courts to the rear of buildings. However, there are instances of parking on both the footway and carriageway on Limestone Way. On-street parking restricts the space within the carriageway for vehicles and can lead to pedestrians entering the carriageway. Nonetheless, the narrowing of the space encourages lower vehicle speeds, while the lightly trafficked nature of Limestone Way reduces the potential for conflicts between road users. Moreover, there is no substantive evidence before me that demonstrates that Field End, Rolling Mill and Limestone Way experience high levels of traffic or that there is existing disruption to the flow of traffic as a result of congestion. 12. The proposal for up to 37 dwellings would lead to an increase in the number of vehicles using Limestone Way, Rolling Mill and Field End, including during the construction phase. The increase in vehicle movements on Field End and Rolling Mill would not be significant due to the higher levels of existing traffic on these roads.

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Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — Appeal Decision The proposal would lead to a considerable increase in movements in Limestone Way, given the lower amounts of existing vehicle movements on this road. However, while the frequency of vehicle movements would rise, the carriageway width is sufficient to accommodate the additional vehicles whilst the configuration of the street would prevent an increase in vehicle speeds whilst encouraging considerate driving. Consequently, the additional traffic resulting from the development would not result in an unacceptable impact on highway safety. 13. The site is identified in the Strategic Housing and Economic Land Availability Assessment (SHELAA) for the provision of 25 dwellings, which is below the number proposed. While identification of the site in the SHELAA indicates that the site may be suitable for development, it is noted that the document forms part of the evidence base for the emerging local plan, and does not form part of the development plan. Moreover, as noted by the Council, the SHELAA does not assess the merits of a specific planning application. 14. During construction, vehicles would enter the site using the proposed access from Limestone Way.

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Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — Appeal Decision This would require larger vehicles to negotiate Field End, Rolling Mill and Limestone Way to gain access the site. The swept path analyses demonstrate how vehicles would manoeuvre through Limestone Way. Larger vehicles would be able to access the site from Batts Bridge Road via Field End, Rolling Mill and Limestone Way without encroaching onto the footways, albeit the vehicles would need to use the whole width of the carriageway. 15. The passage of larger vehicles to the site would be partly impeded by parked vehicles encroaching upon the carriageway of Limestone Way. There is no substantive evidence before me to demonstrate that on-street parking could be suitably accommodated elsewhere during the construction period. Nonetheless, while on-street parking would undoubtedly disrupt the passage of larger construction traffic, the instances of this occurring would be restricted by the low levels of on-street parking during daytime hours, and the relative infrequency of larger vehicles negotiating the approach roads to access the site. 16.

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Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — Appeal Decision The appellant has submitted a FCTMP to provide a strategy to manage vehicles movements during the construction phase to minimise disruption to the local highway network and local residents. The plan identifies the access constraints, including the narrower width of Limestone Way, and outlines measures to mitigate https://www.gov.uk/planning-inspectorate 3

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Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — Appeal Decision The appellant has submitted a FCTMP to provide a strategy to manage vehicles movements during the construction phase to minimise disruption to the local highway network and local residents. The plan identifies the access constraints, including the narrower width of Limestone Way, and outlines measures to mitigate https://www.gov.uk/planning-inspectorate 3

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Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — Appeal Decision Appeal Decision APP/C1435/W/25/3367636 the impact of traffic associated with the construction of the development. The mitigation measures, including the use of a vehicle booking system and banksmen, would assist in controlling the efficient movement of larger vehicles on the approach into and out of the site using Field End, Rolling Mill and Limestone Way. While the FTCMP suggests that Traffic Regulation Orders (TROs) may be necessary to prevent on-street parking during construction hours, the evidence before me, including my observations at the site, indicate that instances of on- street parking during the suggested construction hours are limited. 17. A Construction Traffic Management Plan (CTMP), based on the FCTMP, could be secured by condition, if I were minded to allow the appeal. Compliance with, and enforcement of, the CTMP would be a matter for the Council to monitor, however the suggested measures outlined in the FCTMP would adequately mitigate the impact of construction traffic on the highway network and would ensure the safety of all highway users. 18. The development, including the construction phase, would intensify the use of Field End, Rolling Mill and Limestone Way.

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Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — Appeal Decision While the carriageways are constrained, they are of sufficient width to accommodate the levels of traffic generated by the proposed dwellings. The construction phase is likely to cause disruption to the flow of traffic. Nevertheless, a comprehensive CTMP would restrict the disruption, which would take place for a temporary, albeit potentially prolonged, period of time. 19. I conclude that the proposal would not have an unacceptable impact on highway safety, and the residual cumulative impacts on the road network, following mitigation, would not be severe. The development therefore accords with Policies EN27 and TR3 of the Wealden Local Plan 1998 (LP); Spatial Planning Objective SPO13 of the Wealden Core Strategy Local Plan 2013 (CS), which collectively require that the proposed development does not create or perpetuate unacceptable traffic conditions, a satisfactory means of access (vehicular, cycle and pedestrian) is provided and that development of safe environments will be encouraged. 20. The Council has referred to Policy WCS14 of the CS. This policy relates to the presumption in favour of sustainable development and is therefore not directly relevant to this main issue. Living conditions 21.

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Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — Appeal Decision The dwellings on either side of Limestone Way and Rolling Mill are close to the edge of the carriageway to be used to access the site. The additional vehicle movements associated with the development would lead to an increase in traffic noise and disturbance, particularly during the construction phase when large vehicles would use Limestone Way and Rolling Mill to access the site. 22. The larger vehicles associated with the construction phase would be likely to generate higher levels of noise and disturbance given the proximity of the existing dwellings to the carriageway. Moreover, the volume of other construction traffic would be disruptive to local residents. However, due to the constraints of the carriageway, including the narrower width, the resulting lower speeds of vehicles would restrict the level of noise and disturbance generated by construction, including workers’, vehicles. https://www.gov.uk/planning-inspectorate 4

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Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — Appeal Decision Appeal Decision APP/C1435/W/25/3367636 23. While there would be harm to the living conditions of the occupants of neighbouring properties, the harm would be mitigated through the management of construction traffic. This would also include restricting the hours of operation, which can be secured by condition if I were minded to allow the appeal, to prevent vehicle movements during unsociable hours. In addition, the construction phase would be finite and accordingly the low level of harm would be transitory. 24. I conclude that the proposal would not materially harm the living conditions of the occupants of neighbouring properties. The development therefore accords with Policy EN27 of the LP, which requires that the proposed development should not create an unacceptable impact on the privacy and amenities of adjoining developments and the neighbourhood by reason of, amongst other things, noise and traffic movements. Other Matters 25. Concerns were raised in respect of the ownership of the site, including the access and the lack of detail about future development of land when the existing development was constructed.

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Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — Appeal Decision Nonetheless, I note that the appellant has completed certificate B of the application form indicating that all other landowners of the appeal site have been notified. Furthermore, the lack of detail in respect of proposals in the area for residents on occupation of the existing developments falls outside the scope of this appeal. 26. The proposal is supported by a Flood Risk Assessment, which includes a drainage strategy. The strategy involves a conventional piped system and conveying it to retention ponds before discharging through third-party land along the A22 and connecting into an existing culvert under the road. The Council’s Drainage Engineer and Lead Local Flood Authority consider this to be an acceptable arrangement and whilst the consent of the third-party is required, the Council are satisfied that the strategy could be secured by use of a pre- commencement condition. Based on the evidence before me, I see no reason to reach a different conclusion. 27. The proposal is in outline form with other matters such as layout and scale being reserved.

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Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — Appeal Decision There is capacity within the site that satisfies me that the proposal could be developed without harming the living conditions of occupants of neighbouring properties with regard to issues including outlook and privacy. 28. Schedule 7A of the Town and Country Planning Act 1990 (as amended) (the Act) introduced a statutory framework for biodiversity net gain (BNG), and it applies to all planning applications for development submitted on or after 12 February 2024. Under the statutory framework, subject to some exceptions, every grant of planning permission is deemed to have been granted subject to the Biodiversity Gain Condition (BGC), which requires that at least a 10% increase in biodiversity value is met. 29. It is proposed that the BGC would be met through a range of on-site and off-site measures, including off-site units that have been reserved on a Biodiversity Gain Site subject to a conservation covenant, and the Council has not raised any concerns with this approach. The Planning Practice Guidance (PPG) notes that where offsite gains are already registered and subject to a conservation covenant, it may not be necessary to tie them to development with another planning https://www.gov.uk/planning-inspectorate 5

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Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — Appeal Decision Appeal Decision APP/C1435/W/25/3367636 obligation. Based on the evidence before me and the information within the PPG, I have no reason to conclude that the BGC could not be achieved. 30. The site is within 7 kilometres of the Ashdown Forest Special Protection Area (SPA). The Conservation of Habitats and Species Regulations 2017 (as amended) requires that where a plan or project is likely to have a significant effect on a European site, and where it is not directly connected with or necessary to the site’s management, the competent authority must undertake an Appropriate Assessment (AA) to assess its potential impact on the site’s integrity and conservation objectives. This includes evaluating whether the proposed development would, either individually or in combination with other plans and projects, result in a significant adverse effect on a European designated site. 31. A Suitable Alternative Natural Greenspace (SANG) and Strategic Access Management and Monitoring (SAMM) mitigation approach has been developed and agreed with Natural England.

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Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — Appeal Decision These require the provision of a SANG, either on the development site itself or through a financial contribution to a strategic SANG elsewhere, and a separate financial contribution towards a SAMM strategy. 32. The PPG on Appropriate Assessment indicates that any measures used to inform the decision about the effects on integrity need to be sufficiently secured and likely to work in practice. The appellant has submitted a signed planning obligation, under Section 106 of the Town and Country Planning Act 1990 that would ensure a payment towards the mitigation strategy that is acceptable to the Council. Therefore, taking into consideration the submitted legal agreement which would mitigate the proposed development, I conclude that the proposal would not have an adverse effect on the integrity of the SPA and the SAC. In this way harmful effects would be prevented. As a result, following an Appropriate Assessment, the proposals would not adversely affect the integrity of the SPA. Planning Obligation 33. The completed section 106 agreement contains a number of obligations. It secures the payment of financial contributions in relation to the SAMM and SANG, transport and travel, highway works, open space and play equipment.

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Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — Appeal Decision In addition, the obligation commits to providing 35% of the dwellings as affordable homes, 5% of dwellings for self or custom build and the provision of a pedestrian crossing scheme. 34. These contributions are necessary and meet the policy tests set out in the National Planning Policy Framework (the Framework) and the statutory test set out in regulation 122 of the Community Infrastructure Levy (CIL) Regulations 2010. The pooling restrictions of regulation 124 of the CIL regulations are also met. I have therefore taken these obligations into account in my decision. Planning Balance 35. There is no dispute that the site is outside of a built-up area boundary for Maresfield. Consequently, the proposal is in conflict with Policies GD2 and DC17 of the LP. The Framework does not change the statutory status of the development plan as the starting point for decision making. The proposal is not in accordance with the aforementioned policies of the LP. The proposal conflicts with the development plan as a whole and should be refused unless other material considerations indicate otherwise. https://www.gov.uk/planning-inspectorate 6

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Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — Appeal Decision Appeal Decision APP/C1435/W/25/3367636 36. There is no dispute that the Council is currently unable to demonstrate at least a five year supply of housing land that the Framework requires. The parties agree that the Council is able to demonstrate a 3.68 year supply, which is substantially below the required level of five years. Paragraph 11 d) of the Framework indicates that permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole, having particular regard to key policies for directing development to sustainable locations, making effective use of land, securing well-designed places and providing affordable homes, individually or in combination. 37. The proposal would make a significant positive contribution to housing supply through the delivery of 37 dwellings. In addition, there would be considerable associated social and economic benefits during the period of construction through the provision of construction jobs and once the dwellings are occupied in respect of support to local facilities and services. 38.

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Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — Appeal Decision In the particular circumstances of this case, while the proposal would conflict with the relevant policies of the development plan, I have concluded that the proposal would not have an unacceptable effect on highway safety, the living conditions of the occupants of neighbouring properties and would make a considerable positive contribution to housing supply. The adverse impacts would not therefore significantly and demonstrably outweigh the benefits when assessed against the policies of the Framework taken as a whole. Conditions 39. Suggested planning conditions have been provided by the Council. I have considered the conditions having regard to the Framework and advice contained in the PPG. I have adjusted the wording of some conditions to improve precision. 40. Given the outline nature of the application, conditions are necessary relating to commencement and the submission of the reserved matters. This is to comply with the requirements of planning legislation. In the interests of certainty, I have added conditions to control the maximum number of dwellings and requiring that the development is carried out in accordance with the approved plan. 41.

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Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — Appeal Decision Conditions in respect of land contamination and air quality are necessary given the proposed sensitive use for human occupation. A condition requiring the submission of construction management arrangements is required to safeguard the living conditions of local residents and to prevent adverse impacts on the local road network during the construction phase, whilst a condition is included requiring details of the visibility splays to be provided in the interests of highway safety. 42. Drainage and flood mitigation conditions are required to ensure the development does not increase flood risk on or off site. A condition is also required to ensure that any archaeological remains are recorded and that appropriate noise insulation and protection is provided to safeguard the living conditions of future occupants. Conditions are included to protect existing trees and hedges, whilst conditions are necessary to protect and enhance ecology and biodiversity. 43. As the conditions relating to contamination, air quality, construction management, visibility splays, drainage, flood mitigation, archaeology, ecology, biodiversity, https://www.gov.uk/planning-inspectorate 7

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Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — Appeal Decision Appeal Decision APP/C1435/W/25/3367636 trees and noise would affect the early stages of construction, they need to be discharged prior to the commencement of the development. 44. A condition restricting construction hours is included to safeguard the living conditions of the occupants of neighbouring properties. In addition, conditions relating to the roads, footways, parking and the provision of cycle parking are necessary in the interests of highway safety and to encourage sustainable modes of transport. 45. The quality of the environment would be protected by conditions in respect of foul drainage, landscaping and external lighting. A condition requiring the provision of areas of play and play equipment is included to meet the recreational needs of future residents. A condition is included to ensure that the development meets sufficient water efficiency and carbon emissions standards in the interests of securing a sustainable form of development. 46. The general BGC has a separate statutory basis as a planning condition under Paragraph 13 of Schedule 7A of the Act.

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Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — Appeal Decision On this basis, the PPG strongly encourages decision makers to not include the BGC, or the reasons for applying it, in the list of conditions imposed in the written notice when granting planning permission3. Conclusion 47. The proposed development would conflict with the development plan but material considerations indicate that a decision should be made other than in accordance with it. For the reasons given above the appeal should be allowed.

Page 8 · Chunk 27 J Pearce

Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — J Pearce INSPECTOR 3 Planning Practice Guidance Paragraph: 024 Reference ID: 74-024-20240214 https://www.gov.uk/planning-inspectorate 8

Page 8 · Chunk 28 J Pearce

Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — J Pearce INSPECTOR 3 Planning Practice Guidance Paragraph: 024 Reference ID: 74-024-20240214 https://www.gov.uk/planning-inspectorate 8

Page 9 · Chunk 29 J Pearce

Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — J Pearce Appeal Decision APP/C1435/W/25/3367636 Schedule of Conditions 1) The development hereby permitted shall be limited to a maximum of 37 dwellings. 2) Details of the appearance, landscaping, layout and scale (hereafter called "the Reserved Matters") shall be submitted to and approved in writing by the local planning authority before development commences and the development shall be carried out as approved. 3) Application(s) for approval of the Reserved Matters shall be made to the Local Planning Authority not later than the expiration of 18 months from the date of this outline permission. The development hereby permitted shall commence no later than the expiration of 2 years from the date of approval of the last of the Reserved Matters to be approved. 4) The development hereby permitted shall be carried out in accordance with drawing numbers 4189 – 01 and 27478_08_020_05 Revision B. 5) Prior to the commencement of the development hereby permitted, a Written Scheme of Investigation for a programme of archaeological works shall be submitted to and approved in writing by the local planning authority. The approved scheme shall be implemented in full thereafter.

Page 9 · Chunk 30 J Pearce

Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — J Pearce 6) Prior to first occupation of any dwelling of the development hereby permitted, the archaeological site investigation and post-investigation assessment, including analysis, publication, dissemination of results and archive deposition, shall be completed in accordance with the programme set out in the approved Written Scheme of Investigation. Confirmation of completion shall be submitted to and approved in writing by the local planning authority prior to first occupation of the development. 7) Prior to the commencement of the development hereby permitted, a detailed scheme for the insulation of the residential units and the protection of garden areas against airborne sound transmission shall be submitted to and approved in writing by the local planning authority. The scheme shall comply with the minimum acoustic performance specifications set out in the Acoustics Assessment prepared by MEC Consulting Group Ltd (Report Ref: 27478-ENV-0402), dated February 2024, and shall confirm that the free area of passive vents in each room is sufficient to achieve the ventilation rates assumed in the report’s modelling. If either room-specific or whole-house mechanical ventilation is to be provided, this shall also be confirmed.

Page 9 · Chunk 31 J Pearce

Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — J Pearce The approved scheme shall be fully implemented before the first occupation of any dwelling and shall be retained thereafter. 8) Prior to the commencement of the development hereby permitted, an investigation and risk assessment shall be carried out to assess the nature and extent of any contamination on the site, whether or not it originates within the site boundary. The investigation and risk assessment shall be undertaken in accordance with a scheme submitted to and approved in writing by the local planning authority. The assessment must be conducted by competent persons, and a written report of the findings shall be submitted to and approved in writing by the local planning authority prior to commencement of the development hereby permitted. https://www.gov.uk/planning-inspectorate 9

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Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — J Pearce Appeal Decision APP/C1435/W/25/3367636 The report shall include: (i) A survey of the extent, scale, and nature of contamination. (ii) An assessment of potential risks to: • Human health; • Property (existing and proposed), including buildings, crops, livestock, pets, woodland and service infrastructure; • Adjoining land; • Groundwater and surface water; • Ecological systems; and • Archaeological sites and ancient monuments. (iii) An appraisal of remedial options, including the identification of the preferred remediation strategy. The assessment must be conducted in accordance with the Environment Agency’s Land Contamination Risk Management (LCRM) guidance. 9) Prior to commencement of the development hereby permitted, a detailed remediation scheme shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall set out the measures necessary to bring the site to a condition suitable for its intended use by removing unacceptable risks to human health, buildings, property and the natural and historic environment.

Page 10 · Chunk 33 J Pearce

Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — J Pearce The remediation scheme shall include: • A description of all remediation works to be undertaken; • The proposed remediation objectives and criteria; • A timetable for the implementation of the works; and • Site management procedures to ensure safe and effective remediation. The scheme must ensure that, following remediation, the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to its intended use. 10) Prior to commencement of the development hereby permitted, the approved remediation scheme shall be implemented in full, except for any works required to carry out the remediation itself, unless otherwise agreed in writing by the local planning authority. The local planning authority shall be given a minimum of two weeks’ written notice prior to the commencement of the remediation works. Upon completion of the approved remediation measures, a verification report (also referred to as a validation report under PPS23) shall be submitted to and approved in writing by the local planning authority. This report must demonstrate the effectiveness of the remediation carried out and confirm that the site is suitable for its intended use.

Page 10 · Chunk 34 J Pearce

Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — J Pearce 11) If contamination is found at any time during the implementation of the development hereby permitted that was not previously identified, work must stop immediately in the affected area, and the contamination must be reported in writing to the local planning authority. An investigation and risk assessment shall https://www.gov.uk/planning-inspectorate 10

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Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — J Pearce 11) If contamination is found at any time during the implementation of the development hereby permitted that was not previously identified, work must stop immediately in the affected area, and the contamination must be reported in writing to the local planning authority. An investigation and risk assessment shall https://www.gov.uk/planning-inspectorate 10 Appeal Decision APP/C1435/W/25/3367636 then be carried out in accordance with the requirements of Condition 8. If remediation is necessary, a remediation scheme shall be prepared and submitted for approval in writing by the local planning authority in accordance with the requirements of Condition 9. Following the completion of any required remediation measures, a verification report shall be submitted to and approved in writing by the local planning authority in accordance with Condition 10, demonstrating that the remediation has been carried out effectively and that the site is suitable for its intended use. Development shall not resume in the affected area until written approval has been granted.

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Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — J Pearce Appeal Decision APP/C1435/W/25/3367636 then be carried out in accordance with the requirements of Condition 8. If remediation is necessary, a remediation scheme shall be prepared and submitted for approval in writing by the local planning authority in accordance with the requirements of Condition 9. Following the completion of any required remediation measures, a verification report shall be submitted to and approved in writing by the local planning authority in accordance with Condition 10, demonstrating that the remediation has been carried out effectively and that the site is suitable for its intended use. Development shall not resume in the affected area until written approval has been granted.

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Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — J Pearce 12) Prior to the commencement of the development hereby permitted, the following information shall be submitted to and approved in writing by the local planning authority: a) Detailed plans, layouts and sections of the proposed surface water drainage system, incorporating pollution and silt control devices, as well as full construction details of any non-standard drainage features; b) Detailed hydraulic calculations that account for the connectivity of all surface water drainage features and demonstrate that runoff from the development will be restricted to greenfield runoff rates, including for 1 in 100-year storm events plus an allowance for climate change; c) A management and maintenance plan for the entire surface water drainage system, detailing the responsible parties for all elements of the system, including the cross-road connection and outfall into the highway drainage system.

Page 11 · Chunk 38 J Pearce

Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — J Pearce This plan shall provide evidence of how these responsibilities and maintenance arrangements will be secured for the lifetime of the development; d) Evidence of consent from the Highway Authority confirming agreement to allow discharge into the highway drain and culverted watercourse under the A22, ensuring that all necessary legal agreements are in place prior to commencement of works. The drainage system shall be implemented in full accordance with the approved details, and no dwelling shall be occupied until evidence (including as-built drawings and photographs) has been submitted to and approved in writing by the local planning authority demonstrating that the system has been constructed in accordance with the approved plans. The surface water drainage system shall thereafter be maintained and managed in accordance with the approved maintenance plan for the lifetime of the development. 13) Prior to the commencement of the development hereby permitted, an Emissions Mitigation Assessment and an Air Quality Assessment shall be undertaken in accordance with the guidance set out in the Air Quality and Emissions Mitigation Guidance for Sussex (2021).

Page 11 · Chunk 39 J Pearce

Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — J Pearce A mitigation strategy, detailing the necessary measures to minimise air quality impacts, shall be submitted to and approved in writing by the local planning authority. The strategy shall include all required elements as specified in the guidance document, and the approved mitigation measures shall be implemented in full before the first occupation of the development. https://www.gov.uk/planning-inspectorate 11

Page 11 · Chunk 40 J Pearce

Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — J Pearce A mitigation strategy, detailing the necessary measures to minimise air quality impacts, shall be submitted to and approved in writing by the local planning authority. The strategy shall include all required elements as specified in the guidance document, and the approved mitigation measures shall be implemented in full before the first occupation of the development. https://www.gov.uk/planning-inspectorate 11

Page 12 · Chunk 41 J Pearce

Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — J Pearce Appeal Decision APP/C1435/W/25/3367636 14) Prior to the commencement of the development hereby permitted, a full Arboricultural Method Statement (AMS) shall be submitted to and approved in writing by the local planning authority. The AMS shall include a comprehensive schedule of trees and hedges, including their numbering, detailed specifications and confirmation of Root Protection Areas. It shall also set out the methodology for tree protection measures, including the routing of service trenches, overhead services and carriageway positions. Where necessary, details of no-dig construction techniques, the use of geotextiles and appropriate ground treatment methods for compacted soil areas shall be provided. All works shall be carried out in full accordance with the approved AMS and maintained for the duration of the construction phase. 15) Prior to the commencement of the development hereby permitted, details of the form and position of protective fencing for the retention of trees, shrubs and other natural features not scheduled for removal shall be submitted to and approved in writing by the local planning authority.

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Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — J Pearce The fencing shall be designed and installed in full compliance with BS5837:2012 – Trees in Relation to Design, Demolition and Construction – Recommendations. The approved fencing shall be erected in the agreed positions before any development begins and shall be retained in place for the duration of the construction works. No storage of materials, machinery or site operations shall take place within the fenced-off areas. 16) No development shall commence until a Habitat Management and Monitoring Plan, prepared in accordance with the approved Biodiversity Gain Plan, has been submitted to and approved in writing by the local planning authority. The approved HMMP shall be implemented in full and maintained for the lifetime of the development. 17) Prior to the commencement of the development hereby permitted, details of the visibility splays, including pedestrian visibility at the site access and associated highway works, shall be submitted to and approved in writing by the local planning authority. The approved visibility splays shall be provided in full prior to the first use of the access and shall be maintained thereafter with no obstructions exceeding 0.6 metres in height within the splays.

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Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — J Pearce 18) Prior to the commencement of the development hereby permitted, a Code of Construction Practice (COCP) shall be submitted to and approved in writing by the local planning authority. The COCP shall cover all phases of the development and include, but not limited to, the following: • The anticipated number, frequency and types of vehicles used during construction. • The method of access, egress (including turning arrangements) and routing of construction vehicles to and from the site. • The parking arrangements for site operatives and visitors. • The loading and unloading arrangements for plant, materials and waste. • The storage locations for plant, materials and waste. • The erection and maintenance of security hoarding. https://www.gov.uk/planning-inspectorate 12

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Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — J Pearce Appeal Decision APP/C1435/W/25/3367636 • The provision and operation of wheel washing facilities and other measures to mitigate construction impacts on the public highway, including any temporary Traffic Regulation Orders (TROs). • A pre-condition highway survey, to assess the condition of the existing highway and establish a mechanism for identifying and repairing any damage caused by construction vehicles. • Temporary diversion or protection of public rights of way where applicable. • Arrangements for holding areas for construction vehicles to prevent congestion on the public highway. • A scheme for controlling noise, dust and other environmental impacts during construction. • Measures to manage flood risk, both on and off-site, during the construction phase. • Details of public engagement strategies, both prior to and during construction, to inform local residents and stakeholders of potential disruptions. The development shall be carried out strictly in accordance with the approved COCP.

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Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — J Pearce 19) No site preparation or construction work, including deliveries and operations involving machinery, shall take place outside of the following hours: • Mondays to Fridays 0800 to 1800 • Saturdays 0800 to 1300 No works shall take place on Sundays, Bank or Public Holidays. 20) Prior to first occupation of any dwelling of the development hereby permitted, the roads, footways and parking areas serving the development shall be fully constructed, surfaced, drained and lit in accordance with plans and details that have been submitted to and approved in writing by the local planning authority. These works shall be completed to an adoptable standard. 21) The reserved matters submission shall ensure that all parking spaces measure a minimum of 2.5m by 5m, with an additional 0.5m width where spaces abut walls. All garages shall have minimum internal dimensions of 3m by 6m to ensure their functionality for vehicle parking and storage. 22) Prior to first occupation of the dwellings of the development hereby permitted, details of secure and covered cycle parking facilities shall be submitted to and approved in writing by the local planning authority.

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Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — J Pearce The cycle parking shall be provided in accordance with the approved details prior to the first occupation of the respective dwelling and shall thereafter be retained for the lifetime of the development. 23) Prior to the preparation of ground levels for the construction of the development hereby permitted, a scheme for the provision and implementation of foul drainage works shall be submitted to and approved in writing by the local planning authority. Such works shall be implemented before the associated buildings to which they relate are occupied. Any works required to upgrade the infrastructure https://www.gov.uk/planning-inspectorate 13

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Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — J Pearce The cycle parking shall be provided in accordance with the approved details prior to the first occupation of the respective dwelling and shall thereafter be retained for the lifetime of the development. 23) Prior to the preparation of ground levels for the construction of the development hereby permitted, a scheme for the provision and implementation of foul drainage works shall be submitted to and approved in writing by the local planning authority. Such works shall be implemented before the associated buildings to which they relate are occupied. Any works required to upgrade the infrastructure https://www.gov.uk/planning-inspectorate 13

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Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — J Pearce Appeal Decision APP/C1435/W/25/3367636 sufficiently to provide capacity for the new development shall be undertaken prior to acceptance of the development’s foul sewerage. 24) The development hereby permitted shall be carried out in full accordance with the mitigation and enhancement measures set out in: • Paragraphs 5.47 – 5.66 of the Ecological Impact Assessment prepared by CSA Environmental (Report Ref: CSA/6204/03, dated December 2024); and • Section 4.0 (pages 8 – 11) of the Reptile Mitigation Strategy prepared by CSA Environmental (Report Ref: CSA/6204/05, dated December 2024). All ecological mitigation, enhancement and monitoring measures shall be implemented in accordance with the approved strategies and retained for the lifetime of the development. 25) Prior to installation of any external lighting to the site, details shall first be submitted to and approved in writing by the local planning authority. The details should provide for lighting that is low level, hooded and directional. External lighting shall only be installed and maintained in accordance with the approved details.

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Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — J Pearce 26) The reserved matters submission shall include the required provision of equipped children’s play space and casual/informal play areas, in accordance with the standards set out in the Council’s Draft Outdoor Playing Space (Supplementary Planning Guidance) 2003. The submission shall specify the location, design and layout of these spaces, along with details of the specific play equipment to be installed. The equipped play space shall prioritise kinetic play features and interactive equipment over static elements to enhance engagement and play value. The play spaces shall be implemented in accordance with the approved details and shall be retained, managed and maintained for the lifetime of the development. 27) The reserved matters shall include full details of a hard and soft landscaping scheme for the development. The submitted details shall include, but not be limited to, the following: Hard Landscaping: a) Details of all hard surface treatments, including roads, footpaths, driveways and patios, specifying materials, colours and finishes. b) Boundary treatments, including fencing, walls, hedging, gates and any acoustic screening, with details of height, design and materials.

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Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — J Pearce c) Location and design of street furniture, lighting, refuse/recycling storage and any sustainable urban drainage (SuDS) features. d) A phased implementation plan for all hard landscaping works. Soft Landscaping: e) A planting scheme detailing species, sizes, densities and locations of all new trees, hedgerows and planting areas. https://www.gov.uk/planning-inspectorate 14

Page 14 · Chunk 51 J Pearce

Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — J Pearce c) Location and design of street furniture, lighting, refuse/recycling storage and any sustainable urban drainage (SuDS) features. d) A phased implementation plan for all hard landscaping works. Soft Landscaping: e) A planting scheme detailing species, sizes, densities and locations of all new trees, hedgerows and planting areas. https://www.gov.uk/planning-inspectorate 14

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Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — J Pearce Appeal Decision APP/C1435/W/25/3367636 f) Measures to protect and enhance existing vegetation, including tree and hedge retention plans. g) Biodiversity enhancements, including habitat creation, wildflower planting and species-rich hedgerows. h) A landscape management and maintenance plan, specifying responsibilities and long-term maintenance requirements for all landscaped areas. All hard and soft landscaping shall be carried out in full accordance with the approved details within the first planting season following completion of the development. Any trees, plants or hedgerows that die, are removed or become seriously damaged or diseased within five years of planting shall be replaced in the next planting season with specimens of a similar size and species. 28) Prior to the construction of the superstructure of any dwelling of the development hereby permitted, a detailed scheme outlining water and energy efficiency measures, as well as renewable energy and sustainable construction methods to be incorporated within the development, shall be submitted to and approved in writing by the local planning authority.

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Land West of Limestone Way, Maresfield, East Sussex, TN22 2DP — Wealden District Council — J Pearce The development shall be implemented in full accordance with the approved details and thereafter retained and maintained for the lifetime of the development. End of Schedule https://www.gov.uk/planning-inspectorate 15

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Highway safety
For appellant
¶7-15

The inspector considered that the proposal would not have an unacceptable impact on highway safety. The development would generate some additional traffic, but the carriageway width is sufficient to accommodate the additional vehicles, and the configuration of the street would prevent an increase in vehicle speeds.

Living conditions
Against appellant
¶21-24

The inspector found that the development would lead to an increase in traffic noise and disturbance, particularly during the construction phase. However, the harm would be mitigated through the management of construction traffic and the submission of a Construction Traffic Management Plan (CTMP).

Policies relied on

Reference Weight
NPPF 208
Determinative
LP EN27
Substantial
LP TR3
Moderate
CS SPO13
Limited
WCS14
Unclear

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 15 pages, issued by the Planning Inspectorate on 31 October 2025 under the Open Government Licence.