Efforts to provide a footpath between a new development of 80 homes at Park Farm in Maresfield and Bonners Primary School look to have failed.
Wealden Council's development control, north, sub-committee which meets on Thursday is being advised to alter a condition of planning approval which sought provision of the path.
A report to members says the problem is that the land the footpath would cross is owned by a third party who, while prepared to allow right of access across the land, would seek a ‘suitable commercial rate'.
The report describes the land as a ‘ransom strip' and says it would be unreasonable to restrict development of the site until a right of access could be provided across land that is outside the ownership or control of the developers.
It goes on to say it would be possible to provide an alternative safe route to the school.
The parish council has opposed lifting the condition and 14 letters from residents have argued against the move too.