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Planning appeal decision

Notice varied and upheld24 May 20223271264

Land on the North West Side of Junipers, Harbolets Road, West Chiltington, West Sussex, RH20 2LG

Planning appeal 3271264 at Land on the North West Side of Junipers, Harbolets Road, West Chiltington, West Sussex, RH20 2LG (Horsham District Council) was allowed in part (a split decision) on 24 May 2022 by Inspector Steen A, following a hearing. The main issue, as the Inspector framed it: the effect of the development on the Arun Valley Special Areas of Conservation, Special Protection Areas and Ramsar sites in relation to water neutrality.

without planning permission, the material change of use of the land to use for the stationing of caravans for residential occupation and associated operational development (hardstanding, utility pipes and septic tank)

Authority
Horsham District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Steen A
Postcode
RH20 2LG

Main issues, as the Inspector framed them

  • the effect of the development on the Arun Valley Special Areas of Conservation, Special Protection Areas and Ramsar sites in relation to water neutrality
  • the effect of the development on the intrinsic character and beauty of the landscape
  • the effect of the development on highway safety with regard to the access to the site from Harbolets Road
  • whether there are other material considerations that would outweigh any conflict with development plan policies, such as the personal circumstances of the appellants and the need for gypsy and traveller accommodation within the District

What decided it

The unacceptable risk of harm to the integrity of the Arun Valley SAC, SPA and Ramsar site (water neutrality), which could not be mitigated and was not outweighed by imperative reasons of overriding public interest.

The significant weight given to the personal circumstances of the occupiers and unmet gypsy and traveller need outweighed the modest landscape harm, but this balance was itself outweighed by the unmitigated, unacceptable risk of harm to the integrity of the Arun Valley SAC, SPA and Ramsar site, tipping the overall balance against the development.

What the Inspector cited

Development plan policies
Policy 2Policy 23Policy 25Policy 26Policy 31Policy 32Policy 33Policy 40

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 Horsham District Council

The authority’s record since 2016 · every decision in 2022

  1. Allowed29 October 20266008830
    Staalcot Farm Stall House Lane, Stall House Lane, North Heath, RH20 2HR
  2. Notice upheld16 September 20263373450
    Development Site Lot 3, Kent Street, Cowfold, West Sussex, RH13 8BB
  3. Notice varied and upheld15 September 20263355778
    12 Great Lime Kilns, Southwater, Horsham, RH13 9JL
  4. Notice upheld18 June 20263343866
    Pengarth, 11 Nightingales, West Chiltington, Pulborough, West Sussex, RH20 2QT
  5. Split Decision29 May 20263375768
    2 Greenacres Farm West Chiltington Lane, Billingshurst, RH14 9DR

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.