Wealden: Developers Raised Concerns Over “Potential Procedural Impropriety”

Developers behind controversial proposals to build houses in the Area of Outstanding Natural Beauty (AONB) raised concerns around “potential procedural impropriety”, before the scheme was brought back before Wealden planners.

In a letter to Wealden District Council, a representative for developer Fairfax Acquisitions Limited raised concerns around the March decision to refuse of an outline application to build up to 119 houses on land at Eridge Road in Crowborough.

In its letter, which was obtained by the Local Democracy Reporting Scheme through a Freedom of Information Act request, Fairfax Acquisitions argued there had been “potential procedural impropriety” at the committee hearing, saying it would leave the council open to “associated legal risks”.

The representative also “urged” the council not to formally issue the decision notice – a course of action which saw the proposals taken back to (and approved by) council planners earlier this month. 

The letter reads:

“Understandably, our client is very disappointed at the committee’s surprising and unexpected change in approach to the application between the first meeting and the second meeting. 

“As alluded to above, the three reasons given for refusal at the second meeting were not raised in any sense as potential reasons for refusal at the first meeting and, in particular, the basis for the deferment of the application was related to a completely different topic (highways).

“As such, our client had no opportunity to address the three reasons for refusal in the interim period between the first meeting and the second meeting." 

Then, the letter goes on:

“As such, it does not appear to our client that this change in approach which has resulted in the resolution to refuse the application was justified in any sense and brings into question the procedures followed by the committee, including in terms of the members in attendance at the first meeting.

“We are aware that the decision on the application has not yet been formally issued, but given the potential procedural impropriety in terms of the decision-making process and therefore the associated legal risks, I would urge you to refrain from doing so until you have had an opportunity to review a further, more considered response on the issues raised above (including our view on potential procedural errors) that we will send across to you later this week.

“Fundamentally, I am sure both our client and Wealden District Council would like to avoid the (we consider) unnecessary time and expense, should our client seek to take the refusal of the application further.”

The application was taken back to the council’s planning committee north at a special meeting on July 10, where it was approved seven votes to five.

The committee previously considered the scheme on two occasions, which saw it deferred in February and  – against officer advice – refused at a second meeting in March.

In its letter, Fairfax Acquisitions argued that the reasons for refusal given at the March meeting had not been raised as issues resulting in the deferral at the meeting in February.

This, the developer argues, meant it could not address the committee’s concerns ahead of the meeting.

This potential conflict had actually been discussed by members of the committee at the March meeting, with officers and some councillors warning against such a decision.

As a result of these concerns, the refusal was not formally issued and the scheme brought back before the committee for a fresh hearing in July.

The council had previously declined to comment on the specifics of the concerns raised or who had raised them. It did however confirm it is holding an internal review related to the matter.

The site itself is made up of four fields next to Goldsmiths Leisure Centre and its car park, as well as a caravan and camping site. The site is also next to Luxford Farm house, a listed building.

The proposals have proven to be highly controversial, largely due to concerns around the impact on the local road network but also because of its potential impact on the High Weald AONB and the Ashdown Forest.

Despite these concerns the scheme had been recommended for approval subject to conditions, largely because the council cannot demonstrate a five-year supply of housing land. 

As a result, the national planning rules say permission should be granted unless the adverse impacts of doing so would ‘significantly and demonstrably outweigh the benefits’ when considered against other national planning rules.