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Planning appeal decision

Notice varied and upheld15 July 20223267980

LAND NORTHWEST OF NEWBRIDGE FARM, SALTHILL ROAD, FISHBOURNE, PO19 3PY

without planning permission, the material change of use of the land to use as a residential mobile home/caravan site

Authority
Chichester District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Steen A

Main issues, as the Inspector framed them

  • whether the development is in a suitable location in terms of access to services and facilities
  • the effect of the development on the intrinsic character and beauty of the landscape
  • the effect of the development on the Chichester and Langstone Harbour Special Protection Area
  • whether there are other material considerations that need to be taken into account, including any that could outweigh any conflict with development plan policies, such as the need for gypsy and traveller accommodation within the District and the personal circumstances of the appellants and other site occupiers

What decided it

The absence of a unilateral undertaking linking recreational disturbance mitigation to the SPA for appeals A (unlike appeals B and C) meant the adverse effect on the SPA could not be ruled out, causing appeals A to fail while appeals B and C, which had secured mitigation, succeeded.

For appeals B and C, modest landscape harm was outweighed by significant landscape benefits from planting and the SPA effects were mitigated, so the proposals accorded with the development plan as a whole and were allowed; for appeals A, unresolved SPA impacts led to conflict with the development plan as a whole and the appeals were dismissed.

Plan policies cited: Policy 1, Policy 2, Policy 36, Policy 45, Policy 48, Policy 50

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.