Land Northwest of Newbridge Farm, Salthill Road, Fishbourne, PO19 3PY

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.