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Planning appeal decision

Notice upheld15 June 20213247181

Land East Of Brook House, Pound Road, West Wittering, Chichester, West Sussex, PO20 8AJ

Planning appeal 3247181 at Land East Of Brook House, Pound Road, West Wittering, Chichester, West Sussex, PO20 8AJ (Chichester District Council) was dismissed on 15 June 2021 by Inspector Perrins R, by written representations. The main issue, as the Inspector framed it: The effect upon the character and appearance of the West Wittering Conservation Area.

the construction of new boat house with ground floor storage ancillary to first floor self-contained residential unit

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Perrins R
Postcode
PO20 8AJ

Main issues, as the Inspector framed them

  • The effect upon the character and appearance of the West Wittering Conservation Area
  • Whether the development would comply with planning policy which seeks to steer new development away from areas at the highest risk of flooding

What decided it

The failure to demonstrate a four-year immunity period for the change of use, combined with unacceptable harm to the conservation area's character and appearance and non-compliance with flood risk policy, rendered the appeal untenable.

The limited private benefits (enabling the appellant to remain in the area and providing a small-scale affordable unit) were outweighed by the less-than-substantial but nonetheless significant harm to the conservation area and the failure to comply with flood risk policy steering development away from high-risk areas

What the Inspector cited

Development plan policies
Policy 2Policy 5Policy 33Policy 42Policy 47
National Planning Policy Framework
Paragraph 196Paragraph 155
Judgments
Bernard Wheatcroft Ltd v SSE (1982)

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 2021

  1. Planning permission granted28 September 20263377990
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  2. Notice varied and upheld7 August 20263358007
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  3. Notice varied and upheld3 August 20263372472
    Littlemead Business Park, Tangmere Road, Tangmere, West Sussex, PO20 2EU
  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.