Plans for 220 Hailsham homes back before planners

On Thursday (November 2), Wealden District Council’s Planning Committee South (PCS) is again set to consider a reserved matters application on plans to build 220 homes on land to the north of Mill Road.

While a fresh application, the scheme is essentially a resubmission of plans refused by the same committee in August. The previous scheme had been refused for one sole reason; concerns over Southern Water’s ability to cope with the development’s foul sewerage.

The refusal had been reached despite some strong advice from planning officers that doing so was ‘unreasonable behaviour’.

With an appeal now looming — likely in the form of a public inquiry — officers say an approval of this scheme could see the council avoid paying costs.

A report to the committee sets out the situation. It reads: “This is a parallel scheme to that refused at the August 2023 meeting of PCS. Put bluntly, it is an attempt by the developer to secure a local consent and avoid the appeal.

“High level legal advice has been secured and the committee are aware of the challenges faced in presenting defence of the single reason for refusal [reached previously].”

It adds: “It is recommended that the reserved matters [application] be approved AND the Planning Inspectorate be notified that the appeal … will not be contested. It is likely that will result in the appeal being withdrawn, which itself would avoid a claim of unreasonable behaviour and cost claim against the council.”

The overall scheme had been granted outline planning permission in 2020, meaning the principle of developing the site has already been agreed.

The outline planning permission also carries a “Grampian condition”; a type of planning condition which prevents the start of a development until off-site works have been completed on land not controlled by the applicant.

In this case, the off-site works are upgrades to Southern Water’s wastewater network. The condition means the developer would not be able to connect any more than 50 dwellings until this work is completed or else there is evidence that the existing system can take the additional homes.

Officers note that this condition — coupled with information received from Southern Water — means the council is unlikely to be able to defend a refusal on foul drainage grounds. Officers say this view is backed by “clear and unambiguous” legal advice.

Under the developer’s plans, 77 of the 220 homes are set to be classed as affordable properties. These affordable homes would be made up of: 22 one-bed flats; 14 two-bed flats; 22 two-bed houses; 17 three-bed houses; and two four-bed houses.

The remaining 143 properties would be made up of 79 three-bed houses and 64 four-bed houses.

The site would also include a retail unit, described as a convenience store.

For further information on the proposals see application reference WD/2023/0999/MRM on the Wealden District Council website.