KB--2025-001314 - [2025] EWHC 2809 (KB)

The Land comprises 0.14 hectares and faces Old Forge Lane close to the junction with the A22 in Horney Common, Uckfield. A residential property is located to the west with agricultural land located to the north and east of the Land.

The Land lies within the High Weald National Landscape Area, formerly known as Areas of Outstanding Natural Beauty, and within 400 metres of the Ashdown Forest Special Protection Area. There is an exclusion zone of 400 metres for net increases in dwellings in order to contribute to the LPA’s biodiversity targets.

Planning permission was refused in 1979 and 1989 for residential development on the Land. Of note was a visit by the LPA to the Land in September 2020 following complaints relating to unauthorised works to create an access track.

A meeting took place with the previous owner’s son on the Land on 22 September 2020, and I have considered photographs from that visit which are helpful as to the appearance of the Land. The Land was being used to store logs and timber, which the LPA considered to be a non-agricultural use. As a result of discussions, by 1 June 2021, the previous owner had restored the track back as close to its former condition as was acceptable to the LPA, so that it did not pursue further action. The Land then remained unused.

On 6 February 2024 the Land was sold to the Defendants. Completion of the Registration was on 20 May 2024. Around two weeks later, a pre-application submission was submitted on behalf of the First Defendant and responded to by the Claimant on 4 June 2024.