Rural new build near Rotherfield refused at appeal by planning inspector

In a decision notice published last Friday (March 24), a planning inspector has dismissed an appeal connected with plans to build a large two-storey dwelling in Trulls Hatch — a hamlet midway between Mayfield and Mark Cross.

The site, known as The Walled Garden, forms part of a previously derelict plot of land, where two houses were built following a 2014 planning application.

The appeal scheme sought to expand on this 2014 scheme by building a new property on land, which had previously been described as a “lawn with wild meadow planting to attract biodiversity”.

However, the proposals failed to win the support of Wealden District Council, which refused the scheme in October 2021.

In a report published at the time, a Wealden planning officer said: “The application site lies within the designated High Weald Area of Outstanding Natural Beauty (AONB) where policies of restraint and strict control over development are applied to protect the considerable character and rural amenities of the area.

“The development of the site in the form of a large contemporary dwelling in close proximity to an existing dwelling on an adjoining site would lead to an undesirable and unjustified intensification of existing scattered development urbanising and eroding the existing visual, residential and rural amenities of the area.”

The applicant challenged this view, arguing that the council’s housing shortage should have seen planners find in favour of the development, as a result of the so-called ‘tilted balance’ rule set out in national planning policy.

The applicant also challenged the council’s assessment of the scheme, arguing that its design was “of exceptional quality”.

Ultimately, however, the planning inspector shared the council’s concerns, opting to dismiss the appeal and refuse planning permission.

In their report, the inspector said: “The tilted test applies. However, the harm arising from the scheme would be significant and the benefits would be small given one dwelling would result.

“Consequently, the adverse impacts of granting planning permission would significantly and demonstrably outweigh the benefits, when assessed against the policies in [the National Planning Policy] Framework taken as a whole.”