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Dismissed4 October 20213266072

Land at Bethwines Farm and South of Ivy Lodge, West of Blackboy Lane, Fishbourne, West Sussex, PO18 8BH

Planning appeal 3266072 at Land at Bethwines Farm and South of Ivy Lodge, West of Blackboy Lane, Fishbourne, West Sussex, PO18 8BH (Chichester District Council) was dismissed on 4 October 2021 by Inspector Jackson R, by written representations. The main issue, as the Inspector framed it: the effect on the character and appearance of the area.

construction of 35 no. affordable residential dwellings for first-time buyers with associated access, parking, landscaping and associated infrastructure

Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
residential · Major dwellings
Inspector
Jackson R

Main issues, as the Inspector framed them

  • the effect on the character and appearance of the area
  • the effect on the living conditions of the proposed occupiers, in terms of outdoor amenity space, privacy and noise
  • whether the proposal makes adequate provision for foul and surface water disposal
  • whether the proposal would utilise sustainable construction methods in line with development plan policy
  • the effect on habitats sites
  • whether the proposal makes adequate provision for affordable housing and necessary infrastructure
  • whether there are any other material considerations, including the nature of the proposals and its benefits, the housing land supply position and the current status of the development plan, that mean the proposal should be determined otherwise than in accordance with the terms of the development plan

What decided it

The Inspector could not conclude, absent an appropriate assessment, that the proposal would not adversely affect the integrity of habitats sites, which precluded the tilted balance and, combined with other harms, meant the proposal conflicted with the development plan as a whole.

The harms from poor design, inadequate drainage, unresolved nitrate neutrality/habitats effects, unsecured affordable housing and infrastructure outweighed the benefits of housing delivery and the lack of a five-year housing land supply, so the proposal conflicted with the development plan as a whole and was dismissed.

What the Inspector cited

Development plan policies
Policy 2Policy 33Policy 45Policy 48Policy 54Policy 40Policy 50Policy 8Policy 9Policy 35Policy 12Policy D 1
National Planning Policy Framework
Paragraph 72Paragraph 78Paragraph 11Paragraph 130Paragraph 134Paragraph 167Paragraph 174Paragraph 182

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

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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.