Planning for Bylanes Close

Background:

Planning Application by Rydon Homes
Residential Development of 42 Homes, Access Road & Children's Play Area
Location: Bylanes Close, Cuckfield
Reference: 09/03857/OUT
Status: REFUSED

Rydon took this to appeal which they won.

Please see below for an extract of the Inspector's Decision

The site has now been sold by Rydons to Taylor Wimpy and we expect a full aplication to be submitted soon

1. I allow the appeal, and grant outline planning permission for residential development of 42 dwellings, access road and children’s play area on land north of Bylanes Close, Cuckfield, West Sussex in accordance with the terms of the application, Ref 09/03857OUT, dated 21 December 2009 and the plans submitted with it, subject to the conditions in the attached schedule

Summary of Inspector's Decision

In summary the inspector made his decision on the basis of MSDC and the LPA (Local Planning Authority) not being able to demonstrate a 5 year housing supply, for which they have statutory responsibility. If the LPA cannot demonstrate this, the planning protection for sites like ours within the country side and AONB are judged on the merits of if they can be developed. The inspector found that in this case it could, due to the screening from trees and vegetation and no public views were available to the public onto the AONB.

The LPA’s arguments on 5 year housing land supply very quickly collapsed under cross examination by Rydons barrister. The LPA’s witness unfortunately accepted that the intention to revoke the Regional Spatial Strategies and MSDC’s Local Housing Assessment did not outweigh the presumption in favour of the South East Plan. The Inspector then went on to give little weight to the Local Housing Assessment as it had not been drawn up properly in planning terms. The case therefore came down to the national protection offered by the AONB versus the stated demand for housing in the district/Cuckfield. The inspector found that the mitigation of screening by Rydons and the adjacent fields (C&D) being offered to the parish would offset the effect on the AONB. br />