Appeal Lodged Over Mixed Housing And Commercial Development Near Ringmer

A developer has lodged an appeal on plans for a mixed housing and commercial development near Ringmer.

On Wednesday (July 9), Lewes District Council’s planning committee had been due to consider an application connected to the Clayhill Nurseries site, on land to the east of Uckfield Road.

As the meeting began, however, committee members were informed the proposals had been withdrawn from the agenda after the applicant, developer Akehurst Homes, told the council it had begun appeal proceedings.

Neil Collins, the council’s head of development management, said:

“We as officers were surprised actually to receive confirmation from the applicant’s agent yesterday that an appeal had been submitted for non-determination of that application.

“Given that has taken place — although we are yet to receive confirmation of a valid appeal from the Planning Inspectorate and a start date for consideration of that appeal — that does throw into question the status of the application, the remit of the committee as a decision maker and the scope of being able to make a decision on that application.

“For those reasons, what is being advised is that we withdraw from the agenda that application … so no discussion would take place.”

As the status of the application is currently uncertain, it is possible the application may be brought back to the committee at a later date.

The application seeks to secure outline approval to demolish the site’s existing structures and to build up to 43 homes and 2,004m² of commercial/employment space in their place.

It had been recommended for refusal by council planning officers, who described the site as being “unsustainable” due to its “relatively remote, rural location”. In making this recommendation, officers had also raised concerns about the scheme’s potential to create “coalescence” between The Orchards and the neighbouring Averys Nursery development.

Officers noted the scheme’s similarities with the Averys Nursery development, which was allowed on appeal. However, officers conclude this would not weigh in favour of development as the Averys scheme had several ‘unique considerations’, which they do not consider to be present on the Clayhill Nurseries site.

In a report to the committee, a council planning spokesman said:

“The proposed development does introduce a benefit the Averys scheme did not provide, this being the delivery of 40 per cent of the new dwellings as affordable housing.

“However, it is considered that the site’s ‘unsustainable location’ away from any settlement and most local services, (which was acknowledged by the Inspector despite the Averys appeal being allowed), carries enhanced significant weight, and this issue is particularly mentioned in the updated Dec 2024 NPPF.

“Furthermore, the development would infill a largely green space between suburban type development at The Orchards and the soon to be commenced Averys scheme, resulting in a coalescence of built form that would present as an unplanned settlement that would appear entirely incongruous when viewed in context with the wider surrounding rural environment.

“For these reasons, although the benefits of the scheme are acknowledged, the proposed development is recommended for refusal.”

The report goes on to note how the site had been assessed in January 2024 as part of the council’s Land Availability Assessment, a process through which sites are evaluated for potential inclusion within the authority’s local plan.

According to officers, the site was assessed as being suitable for an employment use but unsuitable for residential development, primarily due to it being regarded as being isolated

from surrounding settlements.

This assessment is disputed by the applicant. Within a planning statement submitted as part of the application, a spokesman for the developer said:

“The LAA assessment does not have regard to recent decision-making on nearby sites [including] the adjacent Averys Nursery site to the north. Therefore, we strongly disagree with LDC’s assessment of the site as unsuitable on the basis of an outdated assessment of the site’s sustainability.”

The spokesman added:

“At present, LDC is unable to demonstrate a five-year supply of housing land and so the ability to deliver housing at this sustainable location should be viewed favourably.

“The Averys Nursery appeal decision confirms that there are alternative sustainable transport options to the use of private vehicles available and now both sites will come forward to deliver a comprehensive and integrated development utilising the same vehicular access from the A26.”

While only indicative, plans submitted by the developer show how the development would be expected to provide a mix of different types of dwellings. These would be expected to include 18 affordable homes.

For further information see application reference LW/24/0216 on the Lewes District Council planning website.