Garden and brick wall at 9 Riddiford Drive, Burgess Hill

What was proposed

The application sought retrospective garden use and a 1.8-metre brick wall, with part of the existing fencing retained.

“Proposal: Retrospective change of use to residential garden and erection of 1.8m high brick wall (part retrospective/part proposed)”

“Purpose of Report 1.1 To consider the recommendation of the Interim Assistant Director for Planning and Sustainable Economy on the application for planning permission as detailed above. Executive Summary 2.1 This application seeks planning permission for change of use of existing open space to residential garden and the construction of a new boundary wall.”

Officer report

The site and surroundings

The site is part of a completed 35-home development and was enclosed around a prominent blue cedar tree beside a flat.

“– Planning permission granted 17 th December 2021 8.2 DM/25/2735 - Retrospective change of use to residential garden land and erection of fence – Withdrawn - 17 th December 2025 9.0 Site and Surroundings 9.1 The application forms part of a new build development of 35 residential dwellings built and completed in 2025.”

Officer report

Why officers recommended approval

Officers considered the proposal consistent with the development plan because the wall matched the development, the garden benefited occupants and the tree remained protected.

“For the reasons set out within the assessment section, the development is not considered to cause harm to the character and appearance of the area and does not remove formal or important open space. The replacement wall is in keeping with the approved means of enclosure elsewhere on the development and the creation of new garden space is beneficial to the occupants who currently have no amenity space.”

“There are no other material considerations to take into account which mean that the policies of the development plan should not be applied in full. As such it is considered that the application complies with Mid Sussex District Plan policies DP26, DP29, DP37 and DP41 of the Mid Sussex District Plan and the principles of the Mid Sussex Design Guide such that planning permission should be granted.”

Officer report

Consultees and council views

The tree officer had no objection, while the town council recommended refusal because of design, trees, open space and possible infrastructure concerns.

“Summary of Representations 4.1 A total of 5 letters of representation received in response to the application raising the following concerns: • Impact on character and appearance • Loss of public open space • Impact on the tree important to the character of the area. • Impact on amenity • Impact on drainage • Variation to approved design • Principle of retrospective development 5.0 Summary of Consultees 5.1 A summary of the consultees final position can be found below.”

Officer report

Who spoke

The senior planning officer introduced the application to the committee.

The committee vote

Members approved the officer recommendation by six votes to six, with the Chairman using the casting vote for approval.

“The Chairman took Members to a vote on the recommendations in the report. These were approved with 6 in favour and 6 against. The Chairman broke the tie in favour of approval.”

Minutes

The decision

Planning permission was approved subject to the conditions in the report’s appendix.

“Planning permission was approved subject to the conditions outlined at Appendix A.”

Minutes

Conditions attached

The wall had to be completed within three months, match the adjoining wall and be built under arboricultural supervision.

“The wall hereby approved shall be constructed and completed within 3 months from the date of this permission, unless agreed in writing by the Council, and shall in all respects match the material construction, design, appeance and bond of the adjoining boundary wall.”

“The development hereby permitted shall be carried out in adherence with the Arboricultural Method Statement dated 30th June 2026 and notwithstanding the content of the Arboricultural Method Statement, that Arboricultural Supervision shall be present on site for the duration of the below ground installation…”

Officer report