Ask the Development Manager

Hi David, 

Thank you for your question.

We are required to pass a percentage of the total CIL receipts raised in a Town or Parish Council area directly to the Town or Parish Council where the development is taking place. This is known as the ‘meaningful proportion’.

Currently, national planning policy guidance states that the percentage is set at 15% (capped at £100 pa per council tax paying dwelling) for Uckfield, but in areas where there is a made Neighbourhood Plan the amount increases to 25% (uncapped).

The CIL is collected at the time development commences or at some other time that may be agreed, such as when a development is commenced in phases. The £8,000 referenced was only the money transferred for the period from 31 March 2024 to 30 September 2024. More money has been transferred to Uckfield Town Council over the last 5 years and details of that can be found in our Infrastructure Funding Statements (IFSs),

It should also be noted that the development referred to on the bypass to the A22 (known as Land to the West of Uckfield) was originally granted outline planning permission back in 2016, prior to the adoption of CIL by the Council. However, significant financial contributions towards infrastructure and affordable housing were secured through another mechanism at that stage via legal agreements (known as Section 106 agreements).

Thank you for reaching out through our Lets Talk platform.

Hi Amanda,

Thank you for your question. 

The High Weald Area of Outstanding Natural Beauty (AONB), now to be referred to as the High Weald National Landscape (HWNL) following changes made by Natural England in November 2023 to better reflect the importance of these designated areas, is a nationally protected landscape. Any proposed development within its boundaries is subject to strict scrutiny to ensure the area’s unique character is preserved.

In the case of the 15 dwellings proposed on the outskirts of Crowborough, Wealden District Council will assess the impact on the landscape, wildlife, and historic features in accordance with both national planning policies and the HWNL management plan. The AONB’s management plan highlights the importance of maintaining ancient woodlands, traditional settlement patterns, and historic field boundaries. Any development must demonstrate how it will conserve or enhance these features and protect the overall scenic beauty of the area. Where harm to the HWNL is identified this must be weighed against the benefits of the proposal - but, as stated in the National Planning Policy Framework, great weight must be given to the conservation and enhancement of the HWNL.

The council’s evaluation will focus on the scale, design, and location of the proposed development, ensuring it is sympathetic to the local character and does not negatively affect the rural feel or key viewpoints within the HWNL. The council will also consider the sustainability of the development, looking for measures that reduce environmental impact and enhance local biodiversity. Public consultation will play a vital role in shaping the decision, allowing local residents and conservation groups to provide input on the potential impact on the community and the landscape. Overall, the proposal will face significant scrutiny and, as stated above, the conservation and enhancement of the HWNL will be weighed against other aspects of the scheme with development only being approved where that balance is considered acceptable. 

Thank you once again for reaching out to us through the Ask the Development Manager function. 

Hi, thank you for reaching out with your question.

As you may know, the Levelling Up and Regeneration Act added a new section, s93G, to the Town and Country Planning Act 1990. In essence, s93G says if you’re planning to start a development, you must serve a commencement notice before you start works. There is no statutory requirement to publish these notices.

You raise an interesting point about local residents being able to make contingency plans, but with no requirement to submit these notices well in advance of commencement, only before a developer starts, I'm not sure how in advance they'll be received and how useful this will be. Contractor best practice and construction management plans will likely serve the same use.

Your comment about local residents helping to keep an eye on whether the new procedure could also be useful, however, the legislation does account for those that don’t follow the rules. According to section 93G(9), if someone doesn’t comply, they could get fined.

As of now, we won't be publishing the notices, but we can review that over time.

Thank you again for putting your question to us and for using the Let's Talk platform.

Thank you for your question.

On the basis that a local planning authority can only benefit from a four-year housing land supply when it has published either a Regulation 18 or 19 draft development plan, then it had been envisaged that the following general approach would be taken:

1.    Where there is strict conformity with the new emerging plan a development site is likely to be received positively by Wealden. So, that means draft allocated sites and windfall sites within draft development boundaries (unless an allowed rural exception) that are demonstrating full compliance with the emerging plan, including but not limited to its aspirations around design, climate change adaptation and mitigation, biodiversity net gain and significant provision of affordable housing, would likely be supported subject to due process and other material considerations.

2.    Conversely, where a site is not in conformity with the emerging plan, then those development sites are not likely to be supported. Simply, that would mean sites in countryside locations would not be supported. This would be on the basis that in a scenario where Wealden could demonstrate a four-year supply, then the NPPF advises that the 'tilted balance' would not apply. Our decisions could then be taken in accordance with our adopted and emerging development plan (with appropriate weight being applied to policies in accordance with the NPPF) which have a clear growth strategy and do not support development in countryside locations (unless an allowed rural exception).

Similar feedback was provided to local planning agents at the Agents' Panel earlier this year and with our housing supply position now updated, subject to this summer's consultation, it was our intention to follow through with this approach. That said, even when this update was provided to agents, it was appreciated that the matter was not black and white and the advice to all agents advising their clients and to developers was to engage with the Council in pre-application discussions.

Clearly, the draft NPPF changes - which propose to remove the four-year housing supply allowance - would change approach outlined above. That is not current policy yet, though, so whilst material (as the courts have shown that emerging government policy is a material consideration) it would not necessarily change the approach outlined above. Again, the matter is not black and white so anyone who considers there is merit in bringing a site forward for housing development in a countryside location is encouraged to engage in pre-application discussions.

Thank you for your question.

As you’ve identified, small self and custom build development (no more than 9 units) is exempt from the statutory biodiversity net gain (BNG) requirements.

The only validation requirement to justify the non-submission of BNG information in that scenario will be to identify the scheme as self and custom build in the description of development and then provide the necessary statement explaining why the scheme is exempt having regard to the Biodiversity Gain Requirements (Exemptions) Regulations 2024.

When it comes to decision taking, it is not envisaged that any special process will be required to secure the exemption from BNG.

As a matter of law, BNG applies to all permissions, but similarly the law lists relevant exemptions so nothing needs to be done to secure the exemption. Separately, it is considered that we can condition for self and custom build development, so between that and the description of the proposals it will be clear what has been approved such that there should be no confusion around the requirements for BNG (or exemption as would be the case) once planning permission has been granted.

Thank you for taking an interest in the new Local Plan and for your question about potential development along Peelings Lane.

As you’re aware the consultation documents for the emerging new Local Plan include a proposed allocation for housing on a portion of land to the north of Peelings Lane.

More information on that proposed allocation can be seen in the consultation documents, but for ease here is a link to the emerging new Local Plan map and the SHELAA report.

Between them, the map and the report show the extent of the proposed allocation - see ref WES7 on the draft map and an explanation of why the Council consider the land to be suitable for housing - see pages 468-471 of the SHELAA report).

Separate to the proposed allocation, the Council have been approached in the past about development to the north of Peelings Lane and have indicated that some land could be considered suitable for development (similar to the proposed allocation). However, there have been no recent discussions with a developer interested in this site about a forthcoming application and of course no decision as to whether development definitely is acceptable as that can only be established by the granting of a planning permission.

Although the site is only proposed to be allocated, that does not mean a developer cannot pursue matters before the consultation ends and before a new Local Plan is adopted. If they are pursuing a development, and I understand you have noticed some activity on site, it is possible they have obtained their own advice that gives them the confidence to pursue a development.

Whether that is something that pays off for them will be decided if and when a planning application is submitted and determined by the Planning Committee. And of course, any application submitted will be considered on its merits having regard to development plan policy and other material considerations such as the National Planning Policy Framework.

Hi and thank you for your question. 

If you're thinking about making changes to your house, there are a few things to keep in mind. The rules for what you can do without planning permission depend on factors like the type of development, where you live, and the size of the project. It can also be specific to your property, especially if there were any restrictions imposed when the original permission was granted.

The government has a detailed guide at https://rb.gy/xcsu8k, and our webpage at https://rb.gy/5bbo62 is also handy for checking if you need planning permission across a range of proposals. 

If you're still unsure after checking the guidance, or if you want formal confirmation, you can apply for a Lawful Development Certificate (LDC). This is a certificate of lawfulness that confirms if your proposed works are allowed under permitted development. It's optional but can give you peace of mind and help keep your house records in order. 

If your proposal doesn't meet the rules of permitted development, don't worry. You'll just need to go through the regular planning permission process.

For advice on projects that need planning permission, you can use our pre-application advice service at https://rb.gy/u5rezx. Through the pre-application process and an assessment our officers can help you understand if your plans are acceptable and make the application process smoother.

Thank you so much for your question and we hope this information makes the process clearer for you.

Thank you for your question.

Planning permission is not automatically required to install solar panels on a roof just because a property is within the Area of Outstanding Natural Beauty (AONB). This is because the installation of solar panels can be 'permitted development', meaning planning permission from the local planning authority is not required. To benefit from this permitted development certain limitations and conditions need to be met and in some instances a prior approval application may be needed. We have published a page on our website https://rb.gy/w7u7j3 which offers further guidance.

If after checking this guidance you're unsure whether the installation is permitted development or you consider that it is but would like formal confirmation, you can make an application for a Lawful Development Certificate (LDC) to check. A LDC, sometimes referred to as a certificate of lawfulness, allows us to assess your proposal and provide you with a decision notice stating if the works are lawful or unlawful under permitted development. This application is optional but can be helpful for your peace of mind and house records. Applications can be made here https://rb.gy/fo6x94. 

If you exceed the limitations or conditions for permitted development planning permission is required. We also offer a pre-application advice service which is a helpful step before formally submitting a planning application. The advice service will help you understand the potential considerations for installing solar panels in the AONB and ensure you make an application which is more likely to be successful. You can access the pre-application advice service online at https://rb.gy/u5rezx.

We hope you have found our response helpful, and would like to thank you for using the Ask the Development Manager Platform.

Thank you for reaching out to us with your query. 

Our enforcement team work hard to ensure planning conditions are met, and will take the necessary enforcement action where it is expedient to do so in the public interest. This process can be lengthy and often will be delayed by the gathering of evidence, ongoing negotiations, and the time periods provided to comply with an enforcement notice. If you haven't seen it, you can take a look at our Enforcement Strategy as this sets out what we will do and therefore what you can expect: https://rb.gy/v7vc8z. Whilst the Council will always pursue compliance and regularisation in the first instance, our procedure may reviewed depending on the form of breach and the impact of negotiations. 

You refer to larger developers and major sites. It would not be possible to review specific sites and particular conditions as part of a reply on this forum, not least because there are a high number of live sites under construction and hundreds of conditions. Any decision relating to enforcement action would be fact and site specific.  If you have a particular site in mind please let us know through our easy to use online 'submit a breach' form which can be accessed from our website at https://rb.gy/e50rxo.

We hope you found this answer useful and that you found Ask the Development Manager easy to use.