Land off Eastbourne Road, Polegate (Aldi foodstore and care home)

appeal 6008314·Wealden·15 September 2026allowed
Decision
allowed, 15 September 2026
Decided by
Planning Inspector: J Bowyer
Authority
Wealden (South East)
Appeal reference
6008314
Application reference
WD/2025/0904/MAJ
Procedure
hearing
Development
Hybrid - full permission for Aldi foodstore (Class E(a)) with access, parking, servicing and landscaping; outline permission (access only) for a care home (C2)
Site context
settlement edge
Green Belt
No
Housing Delivery Test
89%
Framework applied
August 2026 NPPF
Determinative policies
AnnexB:settlement, S4, S3, DP3(3), HO7, E1
Development plan policies
Wealden Core Strategy 2013 WCS12, Wealden Local Plan 1998 saved EN12, EN27, TR3, CS2
Main issues
highway access; character and trees; protected species; BNG; drainage; S4 balance

Summary

A hybrid scheme at Polegate: an Aldi foodstore in full and a care home in outline. Wealden refused it on five grounds. After a hearing the appeal was allowed. The key finding was that a site outside the local-plan development boundary was still within a "settlement" as defined in the 2026 Framework glossary, because it is enclosed by the built-up area, including a consented estate. So S4, not S5, applied. Moderate harm from losing the roadside tree belt came nowhere near substantially outweighing substantial housing-need weight for the care home and significant economic weight.

Issues and findings

Planning balance

S3/S4 against the development plan. Harm: moderate, localised character harm from tree loss, in conflict with EN12 and EN27, which keep full weight as consistent with the Framework. Benefits: the care home against evidenced need (substantial); jobs and economy (significant); consumer choice (moderate); accessibility improvements (moderate); ecological enhancements (moderate).

What made the difference

Whether the site counted as inside a settlement. By reading Annex B's "includes" as non-exhaustive and counting the consented Hindslands estate as future built-up area, the inspector moved a site outside the development boundary from S5 to S4. S4 is presumptively permissive, with only national decision-making policies (not the local boundary) counting against. Had the site been treated as outside a settlement, S5 would have required it to fit a listed category.

Transferable points

Policy findings

Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.

PolicyFindingWeightNote
AnnexB:settlementpasssite outside the LP development boundary but enclosed by built-up area on three sides and Hindslands permission on the fourth; "includes" in the definition means a development-plan boundary is not a pre-requisite (DL 102-103)
S4passbenefits "not … close to being substantially outweighed" (DL 110)
DP3(3)harmmoderateloss of frontage tree belt for access; clear justification exists, so DP3 does not indicate refusal (DL 43, 104)
N2neutralno unacceptable conflict given replacement landscaping (DL 44)
N3passtree-lined street and long-term maintenance provision (DL 44)
HO7benefitsubstantialcare home meets evidenced need for older people's accommodation; no 5YHLS; HDT 89% (DL 105-106)
TC3not-engagedretail capacity study shows capacity to 2030; increased consumer choice moderate weight (DL 107)
E1benefitsignificantabout 40 FTE jobs at the store plus care-home jobs (DL 108)
EN12, EN27 (Wealden LP)conflictlocalised harm to verdant character from tree loss; policies consistent with the Framework, so full weight (DL 41, 100)

Key facts

Sources

This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.