Wealden District Council had refused to grant Knight Developments permission for the site at Steel Cross, north of Crowborough in East Sussex.

However on 16 July 2015 a planning inspector upheld the company’s appeal.
The council then applied under section 288 of the Town and Country Planning Act 1990 for that decision to be quashed.

In Wealden District Council v Secretary of State for Communities and Local Government & Anor [2016] EWHC 247 (Admin) the council advanced three grounds in the Planning Court. These related to:

i) Nitrogen deposition (through the additional traffic generated). The Inspector had erred in law when concluding that the proposals would have no significant effect on the Ashdown Forest Special Area of Conservation (SAC), pursuant to section 61 of the Habitats Regulations, in particular:

a) in finding that contributions to SAMMS (Strategic Access Management and Monitoring Strategy) would mitigate any such effect; or

b) by failing to have regard to evidence that proposed contributions to heathland management could not effectively mitigate any such effect.

ii) NPPF 116 & alternative sites. The Inspector had erred in his consideration of National Planning Policy Framework (NPPF) 116 when concluding that there were no alternative sites to meet the need for the proposed development, by failing to take into account relevant evidence or acting unreasonably.

iii) Inadequate reasons. The Inspector’s reasons for his findings on grounds (i) and (ii) above had fallen below the required standard.