Wealden wins legal victory to prevent sewage pollution at new development

In 2022, a planning appeal allowed for 38 new dwellings to be built on land at Old Orchard House, Horebeech Lane, Horam. The inspector allowing that appeal imposed planning conditions.

Southern Water stated that its systems wouldn’t be able to cope with the foul drainage from the houses without an upgrade. One of the conditions was that none of the homes can be occupied until the necessary foul drainage works have been completed.

Last year, Southern Water changed its mind and announced that developments of up to 50 houses would not cause any flooding or spillage issues. The developer – Chailey Homes Ltd – reacted by asking Wealden council to remove the condition preventing occupation. The council refused and the developer appealed.

A planning inspector has now rejected the appeal and said that the council is entitled to impose conditions on occupation if there’s evidence that foul drainage works are necessary to prevent pollution.  The council is also allowed to refuse to remove the condition if it can show that the necessary works haven’t been done, which is the case with the Horam development. The planning inspector also said that Southern Water’s change of mind was illogical and therefore unconvincing.

Councillor Ian Tysh, Alliance for Wealden (Green Party) and lead councillor for Planning and Environment, said, “We are delighted that the inspector has upheld our planning officers’ decision to refuse to remove the occupancy condition on this new housing development in Horam until the necessary wastewater infrastructure improvements have been completed.

“It is surprising that the developer was willing to risk exposing residents both on and near the development to sewage floods. It is also pleasing that Southern Water’s policy about-turn has been exposed as unjustified.”

“This decision will be of use to every planning authority that faces similar problems, so it feels good that Wealden has led the way.”