Frequently Asked Questions

Public Examination 2021

What is the purpose of the examination?

The Mid Sussex Site Allocations Plan (proposing 822 new houses at East Grinstead and Crawley Down) needs to show that it’s in line with local and national planning policy and that it was genuinely open to public scrutiny and consultation.

A planning inspector has been appointed by the Government to conduct a detailed review of the Council’s Plan and to expose any areas where the Council hasn’t done its job properly.

The inspector must be satisfied that the proposed site allocations are both sustainable and deliverable.

Who will be there?

Well, obviously the Council … who will be represented by its barrister and planning team; the developers and their planning and legal teams and anyone else who submitted an objection and who has asked to participate … potentially a lot of people!   

The inspector, Mr Mike Fox, will give everybody an opportunity to raise and answer questions until he is satisfied that all the issues have been fully discussed and understood.  

When is the examination?

We don’t know for sure, but the Council anticipate that the examination will take place over a period of 6 days in April/May this year.

The inspector will not set dates or issue an agenda for the examination until he is satisfied that the Site Allocations Plan is fit-for-purpose. He has to read through a great many documents that make up the plan and also the hundreds of representations we and others sent in following the recent consultation process.

Initially he will ask Mid Sussex a series of questions, which may include some of the questions we asked them during the consultation process and were ignored! If he is satisfied with their response he will set the dates for the examination.

We will be given at least 6 weeks advance notice.   

Will I be able to attend?

Yes, it will be a public examination, but we don’t yet know whether it will be an online event or whether it will be held in the council chamber at Haywards Heath. Currently it is expected to be a virtual meeting and everyone will have the opportunity to watch live … or at any time afterwards.

When will we know the outcome?

There are several possible outcomes … and we may have to wait several weeks or months once the examination has finished before we find out the Inspector’s decision.

We have to acknowledge that the Inspector may not be persuaded by our arguments and decide to approve the Council’s plan.  Alternatively, he may reject the plan outright, in which case the Council will have to go back to the drawing board and start the process all over again.

There is a middle ground where the Inspector may decide that he cannot approve the plan in its current form and ask the Council to go away and make certain modifications … which might include removing one of more of the allocated sites. The Inspector would not be able to reject all the sites we oppose without rejecting the whole plan (as this plan would be unable to deliver the number of houses needed). 

Any significant change to the plan would require another period of public consultation.

Who is going to represent us at the examination?

We don’t know for sure … it is essential that we are professionally supported and we fully intend to instruct a planning barrister to advise and represent us at the examination.  As it stands though we haven’t been able to raise enough money.

It is possible for a member of the Infrastructure First team to take part in the examination, but this is unlikely to be successful. It would be like representing yourself in court!    

Why is a barrister so important?

Without one, we would be like the school football team playing in the FA Cup Final! Basically, we would be outclassed.  

Barristers are trained to argue a case in public, they are experts in the law and in undermining the arguments of others.

Both the Council and the developers will be represented by barristers and they will be fighting very hard to persuade the Inspector that the Site Allocations Plan is fit-for-purpose. The Inspector will not be looking to find reasons to reject the plan ... and unchallenged, may well accept what they tell him.

How much does a barrister cost?

Instructing a barrister is definitely not cheap … a junior barrister will charge between £3,000 and £4,000 plus VAT per DAY! 

However, they are used to picking up information quickly and thankfully we won’t need more than 5 or 6 days.

We are currently in negotiations with the Mr Juan Lopez of 39 Essex Chambers, but we will now need around £25,000 in order for him to advise and represent us, if we also want the help of our traffic consultant, Wedderburn Transport and Planning.  

Bear in mind that Mid Sussex will be represented by a senior barrister and they will be strongly defending the Council’s plan, irrespective of whether the Council’s plan is fit-for-purpose. Guess who’s paying for the Council’s barrister. Yes … you and me, out of our council tax!!    

How many people are supporting us?

As the result of hand-posting thousands of leaflets, social media and word of mouth we now have more than 800 people on our circulation list. This means we can quickly update them on our preparation for the examination and whether or not we are on track to meet our fund-raising target.

For one reason or other, fewer than 2 in 10 people on our list feel able to help with the cost of getting professional support at the examination. This places an even greater burden on those of us who feel that we can only stop these developments if we can get a barrister to represent us.

Will we have enough money?

We just don’t know!

We are now having to focus all our efforts on fund raising. To date our campaigning has raised nearly £17,000. This is obviously a great achievement, but it simply isn’t enough!

With this amount we will be able to afford for our traffic consultant to prepare and strengthen the case that he made in his initial report last year. We will also be able to afford for the barrister to review what we have done so far and help us prepare a stronger case against the Mid Sussex plan.   

BUT if we cannot raise the other £8,000 we will not be legally represented at the examination … and this could be the difference between the plan being approved or the plan being rejected!

How much should I donate?

We can’t say … not everyone will be affected in the same way and we don’t know your personal circumstances.

We live in strange times, many people will have suffered a drop in their living standards due to the pandemic, whilst others, who have been lucky enough to work normally from home may have made significant saving on commuting costs. Some of us have also saved a lot on our holidays in the last year!

All we would say is that it will be a decision based on personal circumstances and what you feel is at stake for you.

Most importantly no one should donate more than they can afford to.

Will I be wasting my money?

Of course not … don’t let anyone tell you that this is a lost cause.

It is not uncommon for inspectors to reject housing plans. Inspectors have rejected 33 district housing plans since 2012. Wealden district’s plan was rejected in February last year, the Tandridge plan just last month. Even Mid Sussex’s own plan was rejected back in 2014.

In all these cases, the Inspector will have been assured that the plan had been robustly prepared and fit-for-purpose!

What if the plan is approved?

We have to acknowledge that this is a possible outcome … and if it is approved, there’s little more we can do to stop the houses being built.

Some people already think this is inevitable and therefore don’t want to help. This then becomes a self-fulfilling prophecy.

HOUSING NEED

Do we need more houses in and around East Grinstead?

NO - There is no local housing shortage but Mid Sussex have agreed to build about 1,500 new houses to help with Crawley’s unmet housing need. These houses are primarily for people working in Crawley and Gatwick and will make East Grinstead even more of a commuting town.

Have Mid Sussex evaluated alternative housing sites closer to Crawley?

YES - However, they were rejected early in the site selection process because they could accommodate more houses than were needed or they were located more than 150m from existing houses in Mid Sussex, but not Crawley.

There may have been political reasons why they were not seriously considered but if they were assessed on the same comprehensive range of planning considerations as those proposed for Felbridge and East Grinstead they may have fared very well - but they weren’t.

CONSULTATION PROCESS

Why didn’t I have the opportunity to have my say at an earlier stage in the site selection process?

YOU DID - There was a six week public consultation on the site selection options in September and October 2019.

Mid Sussex will argue that residents were given the opportunity to comment on the proposals but clearly that was only possible if you had been made aware that they were out for consultation.

How many residents responded to the earlier consultation last year?

17 residents objected to the Imberhorne Farm proposal for 550 houses and only 5 objected to the Felbridge proposal for 200 houses.

There are two conclusions; either residents were mostly unaware of the consultation process or there was no real objection to the proposals.

Mid Sussex will assume the latter!

Does Mid Sussex have to consult local residents?

YES - Mid Sussex has a duty to consult the public.

Their own community involvement plan says that the consultation should, ‘involve the community as soon as possible in decision making’ and be, ‘accessible to all those who wish to take part.’ It goes on to say that, ‘It is important to seek input from the wider public, as the plan will allocate sites for development in the district and include planning policies that will have an impact upon both the existing and future communities of Mid Sussex.’

How did Mid Sussex try to make the public aware of the consultation process?

Mid Sussex say they seek to inform and receive comment from the widest possible range of people. They said they achieved this by issuing a press release and alerts on Facebook and Twitter plus posters in the local library and council offices.

But, if these were planning applications and not proposals, Mid Sussex would be required to post letters to nearby residents and leave their plans in prominent places near to the sites.

Some might argue that there was no real attempt to let people know about the consultation.

Can I have my say on the site allocation proposals now?

At this final stage of consultation, Mid Sussex does not have to listen to your views on their proposals. This was the point of the earlier consultation and they now say they are only interested in planning or legal objections.

We will try to show that residents were not given a fair and reasonable opportunity to respond to the earlier consultation because their community involvement plan was not effective in meeting its objectives.

Despite this, there are strong planning arguments to show that the proposed sites aren’t sustainable and aren’t supported by the planning policies in the East Grinstead Neighbourhood Plan.

It is important that Mid Sussex receives and records the views of as many of us as possible so they cannot claim that there is broad support for their proposals.

How can I find out more about the site allocation plan consultation?

Mid Sussex have published a great many site allocation documents, all of which may be found on their website. They are large documents often written in planning jargon. The proposals rely heavily on supporting evidence documents but these can be very technical.

It is much easier for Mid Sussex if very few people question or comment on the proposals.

We are currently reviewing all of these documents with the aim of publishing our findings on the Infrastructure First website.

What if I have queries on the consultation process or any of the consultation documents?

Mid Sussex say that you can email any queries with the consultation to planningpolicy@midsussex.gov.uk

We aim to provide you with ‘easy to digest’ information on the Infrastructure First website, including details that are difficult to find or missing from the consultation documents.

You are welcome to ask us questions directly by email contact@infrastructurefirst.co.uk

When did the final consultation start and how long does it last?

The final consultation started on 3rd August 2020 for 8 weeks. The last day for comments is 28th September 2020

Will you provide guidance on the main points I should make in my consultation response?

YES - There are several reasons why these sites are not sustainable and we will publish all of the planning arguments on the Infrastructure First website by mid-September.

You can submit these and any other points you wish to make in your own words or, if you prefer, download our standard response form which should also be available by mid-September.

What does Mid Sussex do with the consultation responses?

Mid Sussex will evaluate and publish the responses from residents, developers, public bodies and others. If they think any of the comments are valid there is a possibility that they may revise their proposals.

Realistically at this stage of the process, the arguments are not likely to receive much genuine consideration before the public enquiry next year.

Even if Mid Sussex disagree with the points you raise, they must record them and make them available to the public enquiry, scheduled for next year. The enquiry will determine whether the proposals are sustainable based on all the available evidence.

Can these proposals be overturned?

YES - The site allocation plans will only be formally approved if the independent examiner finds them to be sound. Mid Sussex will do everything it can to show they are sound.

Together we have to show they are not.

HIGHWAYS

Is the Highways authority aware that our local roads are already heavily congested?

YES - Of course, it is well know that the A22/A264 Felbridge junction at the Star Inn is saturated at busy times. The latest Mid Sussex transport study clearly shows the level of housing already approved will overwhelm the already busy Felbridge and Imberhorne junctions together with the Turners Hill crossroads. They acknowledge that traffic is already ‘rat running’ along minor roads to avoid the congestion.

Does the transport study show that the additional traffic from the proposed sites is a cause for concern?

NOT REALLY - the impact of new housing developments only show up as a problem if the transport model shows that a junction is either (i) already congested and gets worse by 10% or more, or (ii) queuing times of 2 minutes or more get worse by at least a minute.

On this basis, it is hardly surprising that our local junctions don’t show up as a problem because the additional traffic will find alternative routes to avoid the congestion.

Mid Sussex don’t appear concerned that the transport model predicts an increase in ‘rat running’.

The transport model does show that additional traffic from sites proposed at Felbridge and Imberhorne Farm will cause significant congestion at the Turners Hill road junction with Wallage Lane but they don’t propose to do anything about it. They don’t want more traffic using the narrow Wallage Lane and predict that the traffic will place more pressure on the already congested Turners Hill crossroads instead.

Surely the traffic situation is an important consideration when looking for new sites to build houses?

YES - Mid Sussex lists ‘highways’ (criteria 10) as one of the planning considerations when assessing the suitability of sites. We know that traffic is likely to be one of the main constraints for the Felbridge and Imberhorne Farm sites yet the highways section of the site selection form has not been filled in.

Site Selection Criteria ID 196 - Felbridge

Site Selection Criteria ID 770 - Imberhorne Farm

Site Selection Criteria ID 519 - Crawley Down

Site Selection Criteria ID 847 - East Grinstead Police Station

Is there anything in the site allocation plans to help minimise the impact of the additional traffic from 822 proposed houses?

YES - A new bus priority is proposed along the A22 into East Grinstead although no details of how this will work are currently available. It follows that other traffic will be given less priority which is likely to result in longer journey times for other vehicles.

There are also proposals to add more real time information displays at bus stops.

Are there any road improvements proposed at all given that more than 1,750 houses have already been approved?

POSSIBLY - There is a vague reference to ‘A264/A22 Improvements’ in the Infrastructure Delivery Plan but again there are no details on what these might be - which means we have no opportunity to comment on their effectiveness or deliverability as part of this consultation.

There is no mention of the Turners Hill crossroads despite the Mid Sussex transport model showing it is already severely congested and set to become significantly worse as a result of the 1,750 and more houses already approved.

NEIGHBOURHOOD PLANS

What is a neighbourhood plan?

In order to allow communities a greater say over how their neighbourhood is run, the government came up with the idea of neighbourhood plans.

This allowed parish and town councils to introduce planning policies of their own, in which to control the location of housing development in their area.

Neighbourhood plans have to be agreed by the residents and approved by the district council, in our case, Mid Sussex. The East Grinstead Neighbourhood Plan was formally adopted in November 2016.

Does the neighbourhood plan support the location of the proposed sites?

NO - in particular they are not supported by policies EG2 (Areas of Developmental Constraint), EG2a (Preventing Coalescence) and EG11 (Mitigating Highway Impact).

What does neighbourhood plan policy EG2 say?

“Planning permission will normally be [only] granted for the sympathetic conversion of redundant rural buildings, limited small-scale new development and extensions to existing buildings within the Countryside Areas of Development”

 The text supporting the policy goes on to explain where these countryside areas are … “This affects all land to the west, northwest and southwest of East Grinstead outside of the built up area boundary. It specifically covers Hill Place Farm, the large Imberhorne Lane and Farm sector, Great Wood, Tilkhurst Farm, Crockshed Wood, Furze Field Wood plus the Crawley Down Road land areas on the border with Tandridge , around Tandridge Water and the area towards Ashurst Wood”

In other words, housing sites proposed for these areas would normally NOT be allowed. 

The supporting text to policy EG2 is clear so it should be taken into account surely?

Yes of course, but the supporting text would constrain Mid Sussex when choosing the location of local housing developments, so they conveniently disregarded it.

When the town council challenged this, Mid-Sussex fobbed them off by absurdly suggesting that the “Inclusion of supporting text may lead to potential for conflicting guidance.“ 

Clearly this is nonsense, any conflict must be the exception rather than the rule and in any event the neighbourhood plan was approved by Mid Sussex and found sound by an independent planning inspector.

What does neighbourhood plan policy EG2a say?

“Countryside areas of development restraint must be protected in order to ensure that development does not result in the merging or coalescence of settlements and the gradual accretion of development at the urban fringe”

In other words proposed housing locations that encroach into the countryside should not result in different communities joining together. In this case the Imberhorne Farm and Felbridge sites significantly reduce the gap between the two communities. The developers know this and plan to leave an area immediately to the south of Felbridge Water undeveloped. This maybe enough for them to argue that the proposals are not against the policy as there is no guidance on how big the gap has to be. If the gap is too small there will be pressure from developers in the future to fill it with more houses!

However the policy also says that developments will not normally be allowed “that result in the perception of openness being unacceptably eroded within this area”     

What does neighbourhood plan policy EG11 say?

“Proposals, which cause a severe cumulative impact in terms of road safety and increased congestion, which cannot be ameliorated through appropriate mitigation will be refused.”

In other words, housing developments that cannot mitigate the effect of the additional traffic either on their own or in combination with all approved developments will not be allowed.

Does our neighbourhood plan have any force?

The government say that neighbourhood plans must align with the overall district plan.  The Mid Sussex district plan was adopted in March 2018 and in May 2018 Mid Sussex agreed that the only policy that wasn’t aligned was neighbourhood plan policy EG5.

This is confirmed in the East Grinstead Town Council’s planning committee meeting minutes dated 16th May 2018.

The other neighbourhood plan policies are therefore not in conflict with the district plan and as a result must have equal force.