Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Dismissed16 July 20213265498

Land South of Black Boy Court, Main Road, Fishbourne, West Sussex, PO18 8XX

Planning appeal 3265498 at Land South of Black Boy Court, Main Road, Fishbourne, West Sussex, PO18 8XX (Chichester District Council) was dismissed on 16 July 2021 by Inspector Leonard S, by written representations. The main issue, as the Inspector framed it: The effect of the proposal on the integrity of the SPA and the Solent Maritime SAC (the European sites).

extension and conversion of roof space over carport to create single dwelling house

Authority
Chichester District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
Leonard S
Postcode
PO18 8XX

Main issues, as the Inspector framed them

  • The effect of the proposal on the integrity of the SPA and the Solent Maritime SAC (the European sites)
  • The effect of the proposal on the character and appearance of the area

What decided it

The absence of appropriately secured mitigation for likely significant adverse effects on the integrity of the European sites due to nutrient impacts, which provided a clear reason for refusal under Paragraph 175(a) of the Framework and engaged the Habitats Regulations precautionary principle.

The modest benefits of delivering one additional dwelling and economic benefits during construction were outweighed by the significant harm to the integrity of the European sites arising from unmitigated nutrient impacts, which the Inspector attached significant weight to in the decision.

What the Inspector cited

Development plan policies
Policy 50Policy 1Policy 2Policy 45Policy 33Policy 43Policy 48Interim Position Statement for Housing Development (2020) Criterion 12
National Planning Policy Framework
Paragraph 170Paragraph 175Paragraph 180Paragraph 172Paragraph 11Paragraph 68Paragraph 78Paragraph 79Paragraph 117Paragraph 118Paragraph 122Paragraph 123Paragraph 177
Judgments
Bernard Wheatcroft Ltd v SSE [JPL, 1982, P37]

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

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

31 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Chichester

The authority’s record since 2016 · every decision in 2021

  1. Dismissed23 October 20266009623
    Friars House, 52a East Street, Chichester, PO19 1JG
  2. Dismissed15 October 20266010948
    Pendrills, Mill Lane, Fishbourne, PO19 3JN
  3. Dismissed5 October 20266011850
    8 Gloucester Way, Chichester, PO19 5DL
  4. Dismissed2 October 20266011615
    1, Harberton Crescent, Chichester, PO19 5NY
  5. Allowed30 September 20266014666
    Lerryn, West Strand, West Wittering, Chichester, PO20 8AU

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.