Lewes council ordered to pay appeal costs over controversial housing development

In a decision issued last Tuesday (September 5), a planning inspector approved proposals to build 53 homes on land between The Broyle and Round House Road and ordered Lewes District Council to pay the developer’s appeal costs.

The decision followed a three-day planning inquiry held in August, which saw the inspector weigh evidence both in favour and against the scheme.

Lewes District Council had initially refused planning permission in January, mostly because part of the site had been allocated for ‘employment use’ within local planning policy. But, the council withdrew its objection during the inquiry, in the face of new viability evidence from developer Ashill Regen.

This evidence, the inspector says, showed how an employment use for this part of the site — such as an industrial estate or office building — would not be viable. No contradicting evidence was offered.

The inquiry also considered objections from Ringmer Parish Council, including concerns about infrastructure, the density of the development and its design.

Ultimately, however, the inspector concluded the scheme did not go against the development plan and should be approved, there is a “presumption in favour of sustainable development” within national planning policy.

For its part, the council did not offer a defence on costs, but asked for extenuating circumstances to be taken into account. These included the fact that the viability evidence had not been available when it made its initial decision to refuse planning permission.

While this was accepted to be true, the planning inspector said the council could have withdrawn its objections sooner, as the evidence was available before the inquiry began. The inspector said the council had displayed “unreasonable behaviour resulting in unnecessary or wasted expense” by not doing so.

For further information see application reference LW/22/0255 on the Lewes District Council website.