Objection to refused 700 homes on outskirts of Eastbourne is withdrawn

In a confidential session on Thursday (August 11), the council’s Planning Committee South confirmed the council will not defend its previous decisions to refuse two major housing developments within the south of the district.

Both schemes — a 200-home development on land west of Station Road in Hailsham and a 700-home development at Mornings Mill Farm in Lower Willingdon — had been at least partly refused on highways grounds, despite no objections having been raised by East Sussex Highways.

In a statement issued on Friday (August 12), the council said the committee had received legal advice during the confidential session, which made it clear the council’s highways reasons for refusal had ‘no basis’ and were ‘indefensible’.

By withdrawing its objections at this stage, the council says it hopes to mitigate the ‘financial costs’ it expects to face.

In the statement, Conservative council leader Ann Newton said: “It is with a very heavy heart that the council has had to withdraw its representations to defend these two appeals. This decision has not been taken lightly. We have taken advice from the very best legal experts who have told us they cannot defend the indefensible.

“Concerning the application for land west of Station Road, Hailsham, the committee’s grounds for refusal was that it would have a severe impact on the traffic network. Advice from Queen’s Counsel shows there is no evidence to support this and therefore our argument would fail on appeal.

“Regarding the Mornings Mill Farm application, the committees refused the application again on highways evidence but also relating to location of the site and concerns about effects on drainage. On highways, it has been made clear to us this argument is now baseless and again there is no evidence to support this. On the other reasons, legal advice is clear, that to pursue these would not be justified.

“We have come to the end of the corporate democratic road as a district council but the option is still there for local members to appear at the appeals and make representations.

“As elected members, we are here to protect the public purse and to continue to defend these appeals would not be in the best interest and go against all the advice we have been given.”

In both cases, the committee nominated councillors to make its case in place of a professional planning consultant. In the Mornings Mill case, however, this was made subject to the council appointing a legal representative to oversee the defence.

Despite the committee’s decision to withdraw the objections, the appeals are still set to go ahead and all submissions lodged to the council will be placed in front of the Planning Inspector.

A number of councillors have also said they will be attending the appeals to speak as local representatives. Residents will also be able to address the inspector in person to air their concerns as long as they have registered to do so.

The Station Road hearing is due to take place on Tuesday (August 16). The Mornings Mill hearing is due to take place in September.

Send in your thoughts to [email protected]