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Planning appeal decision

Notice varied and upheld16 May 20233264513

Land West of Newells Lane, West Ashling, Chichester, West Sussex, PO18 8DD

Planning appeal 3264513 at Land West of Newells Lane, West Ashling, Chichester, West Sussex, PO18 8DD (Chichester District Council) was allowed in part (a split decision) on 16 May 2023 by Inspector Orr H, following a hearing. The main issue, as the Inspector framed it: Whether the development represents an acceptable form of development, having regard to the following matters: The character and appearance of the area, having regard to the cumulative impact of the development.

for a material change of use of land, for the stationing of caravans for gypsy families, also to include parking, associated infrastructure and development

Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Other minor developments
Inspector
Orr H
Postcode
PO18 8DD

Main issues, as the Inspector framed them

  • Whether the development represents an acceptable form of development, having regard to the following matters: The character and appearance of the area, having regard to the cumulative impact of the development
  • The effect of the development on recreational disturbance, water and nitrates
  • Whether any harm arising from the above matters is outweighed by any other material considerations

What decided it

The significant and uncertain harm to the Solent Maritime SAC from nutrient/wastewater discharge, for which no adequate or certain mitigation mechanism was demonstrated, was not outweighed by the substantial benefits of meeting gypsy and traveller need.

The significant benefits of meeting an acute unmet need for gypsy and traveller pitches, the children's best interests, lack of alternative sites and other social/economic benefits were outweighed by the moderate harm to character and appearance and the significant, unresolved harm to the Solent Maritime SAC from nutrient discharge.

What the Inspector cited

Development plan policies
Policy 36Policy 45Policy 48

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.

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The decision letter

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More decisions in Chichester

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

  1. Planning permission granted28 September 20263377990
    Thornham Products, Thornham Lane, Southbourne, Emsworth, West Sussex, PO10 8DD
  2. Notice varied and upheld7 August 20263358007
    Plot 2, First Acre, Ham Road, Sidlesham, West Sussex, PO20 7NS
  3. Dismissed5 August 20263371769
    Melita Nursery, Chalk Lane, Sidlesham, PO20 7LW
  4. Notice varied and upheld3 August 20263372472
    Littlemead Business Park, Tangmere Road, Tangmere, West Sussex, PO20 2EU
  5. Notice varied and upheld28 July 20263328291
    Grists Farm, Hunston, Chichester, PO20 1JL

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.