Council removes major development’s highways work condition in Eastbourne

A housing development on the outskirts of Eastbourne can now be occupied before major road improvements take place, council officers have decided.

In a decision notice published on January 20, Wealden District Council planning officers have agreed to remove a condition linked to the Hindsland scheme — a 180 home and medical centre development in Lower Willingdon.

The development — being built in place of former playing fields in Eastbourne Road — secured its outline planning permission at appeal in October 2022.

In approving the appeal, a planning inspector had imposed a condition preventing any of the dwellings from becoming occupied until two highways improvement projects had ‘commenced’.

These projects were: works to improve the signalised junction of the A2270 and Polegate High Street (the traffic lights next to the Harvester); and phase one of a wider package of works known as the Hailsham, Polegate and Eastbourne Movement and Access Corridor (HPEMAC).

At the time, the inspector had said the commencement of these works would be “required” in order to “ensure that the impact of traffic arising from the proposed development can be mitigated and sustainable modes of transport are available”.

This view had been supported by East Sussex Highways, which had recommended a similar condition.

The HPEMAC works — then set to include lower speed limits, bus lanes and pedestrian and cycling facilities — had been expected to commence in early 2023 at the time of the appeal.

But the works have not yet taken place, nor is there any timeframe for the project to begin.

It is this lack of certainty around the HPEMAC works, which has seen the condition removed.

National planning rules set out six “tests”, which planning conditions must pass. These mean conditions must be: necessary; relevant to planning matters; relevant to the specific development permitted; enforceable; precise; and “reasonable in all other respects”.

In its application, developer Vistry Homes Limited had argued the condition fails to pass these tests “with respect to enforceability and reasonableness”.

The developer said this was because occupation of the development could be “held up indefinitely” by works outside its control.

East Sussex Highways and Wealden District Council shared this view, resulting in the application to remove the condition being approved.

In its application, Vistry said its scheme “would not result in any unacceptable impacts on the local highway network.”

Neither Wealden District Council nor East Sussex Highways took a view on this in its determination of the application.

The highways department’s response to the original proposal (in 2021) had judged the scheme, by itself, not to have an unacceptable impact on local highway infrastructure.

Its concerns had been linked to the scheme’s impact in combination with other nearby development, specifically the neighbouring Mornings Mill scheme.

For further information on the removal of the condition see application reference WD/2025/2174/MFA on the Wealden District Council website.

To find out more about the wider development search for application references WD/2021/0594/MEA and WD/2023/0664/MRM instead.

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