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Planning appeal decision

Notice varied and upheld6 January 20223249296

44 Christchurch Crescent, Aldwick , West Sussex, PO21 5SJ

Planning appeal 3249296 at 44 Christchurch Crescent, Aldwick , West Sussex, PO21 5SJ (Arun District Council) was allowed in part (a split decision) on 6 January 2022 by Inspector Cook B, by written representations. The main issue, as the Inspector framed it: Whether the breach of planning control alleged (material change of use to two separate dwellinghouses) has occurred.

without planning permission, the material change of use of the property that was a single dwellinghouse, to use as two separate dwellinghouses

Authority
Arun District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Cook B
Postcode
PO21 5SJ

Main issues, as the Inspector framed them

  • Whether the breach of planning control alleged (material change of use to two separate dwellinghouses) has occurred
  • Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control or remedy any injury to amenity caused by the breach

What decided it

The requirement to remove one of the kitchens was excessive and not necessary to remedy the injury to amenity caused by the breach, as the harm to character arose from the extension itself rather than its use as a separate dwellinghouse.

The decision letter

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More decisions in Arun District Council

The authority’s record since 2016 · every decision in 2022

  1. Quashed On Legal Grounds30 July 20263367747
    Land Lying to the North of Brooks Lane, Bognor Regis, West Sussex, PO22 8AS
  2. Quashed On Legal Grounds25 March 20263374943
    North of Toddington Lane, Wick, Littlehampton, West Sussex, BN17 7PN
  3. Notice upheld9 March 20263337426
    Longbrook Pavilion Bungalow Hook Lane, Bognor Regis, PO22 8AT
  4. Notice varied and upheld9 March 20263335746
    Flat 1, 4 Nelson Road, Bognor Regis, West Sussex, PO21 2RY
  5. Planning permission granted2 March 20263360505
    27 North Ham Road, Littlehampton, BN17 7AS

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.