®Planning appeal decision
Hydrotech Cleaners, 77 Aldwick Road, BOGNOR REGIS, PO21 2NW
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
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.
Framework references: 11, 182, 12
Plan policies cited: Policy ENV DM2, Policy D SP1, Policy D DM1, Policy D DM4, Policy QE SP1
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.