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Planning appeal decision

Notice varied and upheld27 January 20233203215

Old Army Camp, Cemetery Lane, Westbourne, West Sussex, PO10 8RR

Planning appeal 3203215 at Old Army Camp, Cemetery Lane, Westbourne, West Sussex, PO10 8RR (Chichester District Council) was allowed in part (a split decision) on 27 January 2023 by Inspector Braithwaite J, following an inquiry. The main issue, as the Inspector framed it: the principle of development at the Old Army Camp.

Enforcement appeals concerning alleged unauthorised changes of use of land at Old Army Camp: (A) storage of portable site office cabins, container cabins, portable toilet blocks and commercial vehicles; (B) use as a civil engineering contractor's yard; and (C) storage of metal skips, building materials, scaffolding equipment and vehicles, and use of a building for vehicle repair and servicing

Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
employment-industrial · Change of use
Inspector
Braithwaite J
Postcode
PO10 8RR

Main issues, as the Inspector framed them

  • the principle of development at the Old Army Camp
  • the effect of the development on the character of the area and on the character of Westbourne Cemetery
  • the effect of the development on residential amenity
  • the effect of the development on highway safety
  • whether any harm caused and any conflict with the development plan is outweighed by material considerations

What decided it

The substantial weight given to the in-principle conflict with countryside policy and the associated harm to rural/heritage character (and, in Appeals B and C, to residential amenity) outweighed the only limited weight afforded to re-use of previously developed land.

in each appeal the substantial weight given to the in-principle conflict with countryside policy and the harm to character/amenity outweighed the limited weight afforded to the benefit of re-using previously developed land, so the balance favoured dismissal

What the Inspector cited

Development plan policies
CLP policy 2CLP policy 45CLP policy 46CLP policy 48WNP policy OA1WNP policy LD2WNP policy LGS1
National Planning Policy Framework
Paragraph 84Paragraph 85

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in Chichester

The authority’s record since 2016 · every decision in 2023

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  3. Notice varied and upheld3 August 20263372472
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  4. Notice varied and upheld28 July 20263328291
    Grists Farm, Hunston, Chichester, PO20 1JL
  5. Dismissed15 June 20263342319
    95 First Avenue, Batchmere, Chichester, PO20 7LQ

The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.