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Dismissed13 December 20213271532

Hydrotech Cleaners, 77 Aldwick Road, Bognor Regis, PO21 2NW

Planning appeal 3271532 at Hydrotech Cleaners, 77 Aldwick Road, Bognor Regis, PO21 2NW (Arun District Council) was dismissed on 13 December 2021 by Inspector Edwards S, by written representations. The main issue, as the Inspector framed it: The effect of the proposal on the Pagham Harbour Special Protection Area (SPA).

part change of use of ground floor & formation of a first floor rear extension to create 2 no self-contained studio flats with associated refuse / recycling & cycle store (re-submission following BR/233/19/PL)

Authority
Arun District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
Edwards S
Postcode
PO21 2NW

Main issues, as the Inspector framed them

  • The effect of the proposal on the Pagham Harbour Special Protection Area (SPA)
  • The effect of the proposal on the living conditions of the neighbouring occupiers of nos 75, 77 and 79 Aldwick Road, with particular regard to outlook and light, and nos 10 and 14-16 Stocker Road, with particular regard to privacy

What decided it

The absence of appropriately secured mitigation measures for the Pagham Harbour SPA, combined with the application of paragraph 182 of the Framework which disapplies the tilted balance in habitats site cases, meant the appeal could not be allowed despite the Council's inability to demonstrate a five-year housing land supply.

The tilted balance under paragraph 11(d) of the Framework did not apply because the proposal was likely to have a significant effect on a habitats site without appropriate assessment having concluded no adverse effect on integrity, as required by paragraph 182 of the Framework.

What the Inspector cited

Development plan policies
Policy ENV DM2Policy D SP1Policy D DM1Policy D DM4Policy QE SP1
National Planning Policy Framework
Paragraph 11Paragraph 182Paragraph 12

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

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More decisions in Arun District Council

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.