The community website for Ovingdean, East Sussex
Land North of Wanderdown Road( Badgers Walk)
Planning appeal APP/Q1445/W/16/3147419
November 1 – November 4 2016
The appeal by the developers against the building of 9 houses (reduced from 10 from an earlier application) took place at the Brighton Town hall from Tuesday 1 November to Friday 4 November, before the appointed Government Inspector, Louise Gibbons. On hearing that their planning application was likely to be rejected, the developers pulled the application and opted to go for a public enquiry. Not a tactic likely to endear themselves to Brighton & Hove City Council!!
The enquiry was a marathon! The tactics used by the barrister acting for the developers seemed to be to get so involved in the detail that it bordered on extreme, it also included some very aggressive questioning of witnesses.
The main thrust of the arguments put forward by the developers were
Before the meeting the Council and the developers had agreed some common ground, the most important point of which was that after amendments to the original drawings , the entrance to the site was passed by the BHCC Highways department as acceptable. The Highways department use Visibility Display tables to calculate the acceptability of entrances to developments. ORPS agreed consistently throughout the hearing that this rule book approach did not adequately reflect local knowledge of the road and the usage of it. This was a point that Mark Richardson whose horses use the road frequently and which was so eloquently argued in his submission.
Representatives of ORPS, SAFE and Mary Mears as our local ward councillor were allowed to make speeches against the application. In addition we secured the right to make a closing statement on what we had observed over the period of the enquiry. The text of this is below.
Statement from the Ovingdean Residents and Preservation Society (ORPS)
Nothing we have seen or heard this week changes our views on the planning application and it should be rejected for the following reasons:
In addition to the above objections we would like the following points recorded by the inquiry.
During the course of the enquiry BHCC had contacted the owner of the land to ask for the rubbish to be removed. A truck was removed as a result but little else. In addition a promise was secured from the council that protection would be afforded to the whole of the woodland TPO on the land as part of it was outside the development site.
The judgement by the Inspector, is due on or before 5 January 2017.
Thanks should be expressed to all residents who attended to give support and especially John Cradock, Annie Gilbert, Mary Mears, Mark Richardson Nigel Smith, Russell Smith, and Brian Thompson