High Court allows appeal by council over grant by inspector of permission for development in ancient woodland

A planning inspector's decision to allow an appeal of Wealden District Council's refusal of plans to build  camping facilities on ancient woodland has been quashed by the High Court.

Planning Inspector Martin Andrews allowed an appeal against the local authority's decision to refuse the application in October 2024.

The application involved plans to build six holiday pods, 18 caravans and a site office on land owned by Wellshurst Golf and Country Club in Hellingly, East Sussex.

Wealden initially refused the application because of environmental impacts on a copse designated as ancient woodland, as well as the impacts on the surrounding landscape.

The applicants subsequently appealed to the planning inspectorate.

In allowing the appeal, the inspector considered two main issues, which concerned the effect of the proposed leisure facilities on an 'Area of Locally Valued Landscape' in the open countryside and the impact on the habitat of the site's ancient woodland.

The inspector said the council's conditions "directly address most, if not all, the concerns raised that together contributed to the refusal of the application".

He noted that surface water drainage conditions would prevent harm to the site and the ancient woodland, whilst archaeological conditions would safeguard any archaeological interests on the site.

In addition, conditions in respect of levels, external materials and colour finishes of the buildings, alongside proposed landscaping, would ensure "a satisfactory standard of development and safeguard the character and appearance of the rural landscape".

Wealden consequently lodged a legal challenge against the inspector's findings, arguing that the appeal decision failed to properly assess the effects of the development on the ancient woodland.

The High Court ruled in the council's favour, and the appeal will be remitted for a fresh appeal assessment and redetermination.

Cllr Ian Tysh, Wealden’s lead councillor for Planning and Environment, said: "This outcome is a triumph for environmental protection.

"Ensuring that ancient woodland and other valued landscapes continue to thrive is a responsibility we owe to present and future generations."

Adam Carey