Cuck-Stye campaign barrister confident ‘no stone unturned’ in fight to stop threat of huge housing development

UPBEAT: Jack Parker KC

The jury is still out on whether the Cuck-Stye development, a controversial plan to build 1,450 houses merging Cuckfield and Ansty, will get the go-ahead.

But the Stop Cuck-Stye campaign’s barrister, Jack Parker KC, has no doubt that the community put up an energetic and robust fight on behalf of the villages. “We really did leave no stone unturned and advanced the best possible arguments to ensure our case was as strong as possible,” said Jack.

His comments come after an unrelenting four-and-a-half year campaign with widespread support from across the community. The final decision will be made by in the autumn by Housing minister Angela Rayner. She replaced Steve Reed in new Prime Minister Andy Burnham’s cabinet shake-up, returning to a role from which she had previously resigned.

Government planning inspector, Joanne Gilbert, presided over a nine-day inquiry at Mid Sussex District Council in June. Three days in, Ms Gilbert made the dramatic announcement that the plan had been “called in” by Reed, Secretary of State at the time, who would have the final say, based on her recommendations.

Giles King, Chair of the Cuckfield Society, who led the all-important community fundraising drive, boosted by a string of well supported events, praised how the community had effectively come together to resist an unsustainable development.

“We are incredibly grateful for the huge level of community support over many years which enabled us to put up such strong resistance,” he said. “Whatever the decision by the Secretary of State, we can be proud of the whole team’s performance at the hearing.”

Ms Gilbert heard a range of arguments supporting the appeal from Zach Symonds KC, representing site promoter Fairfax. This was challenged by MSDC’s lead barrister, Paul Brown KC. Both are based at the Landmark Chambers in London.

The so-called Rule 6 Party legal team was led by Mr Parker. It’s a status which grants local groups, parish councils, or individuals formal equal status alongside the local council and the developer to present evidence and cross-examine witnesses. Mr Parker, represented Cuckfield Parish Council alongside Ansty & Staplefield Parish Council, plus The Cuckfield Society and the Stop Cuck-Stye Action Group.

Supported by a range of consultants, Mr Symonds insisted that whilst the plan had been rejected “time and time again” over the years, it has always been supported by MSDC planning officers. He made the point that because MSDC currently had no approved five-year housing supply – because the District Plan process is still ongoing – the appeal should be allowed without further delay.

He conceded that there would be some impact on the local environment. When weighing up the all-important “planning balance” and taking into account the promised community benefits. Along with 30% affordable housing, he urged the inspector to give the plan her approval.

For MSDC, Mr Brown made a very strong case against the appeal making clear that MSDC did have a sufficient five-year housing supply which would come into play when the new District Plan is passed later this year.

He also advanced a compelling “prematurity argument” making the point that a decision on the appeal should not be allowed to pre-judge the District Plan process, before its completion.

For the Rule 6 Party, Mr Parker deployed a range of arguments to show there was clear evidence that the plan was unsustainable, thanks in particular to the expert inputs of planning consultant Mark Connell and renowned landscape expert Louise Hooper. She made the case that as the site was in the setting of an Area of Natural Beauty its impact was clearly unsustainable.

Mr Parker also underlined the case made by the campaign’s transport consultant, David Lewis. He said the hugely increased traffic levels were also unsustainable and the number of new residents who might walk or cycle – so-called ‘active travel’ – was greatly exaggerated to reduce impacts. On top of that he cited evidence that the promised bus service would not be sustainable in the long term.

Plans for a large country park adjacent to the development, originally called Breaky Bottom, were approved by the MSDC Planning Committee back in October. This provides the Biodiversity Net Gain required by Fairfax for the development to proceed. A minimum 10% measurable increase in natural habitat compared to the site's baseline before construction. If Fairfax fail to win approval they could use it to offset the just approved Sugworth Farm site north of Haywards Heath.

A Public Meeting to discuss next steps is planned by the campaign for September.