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Quashed On Legal Grounds5 September 20223272802

Mayfield Nursery, West Chiltington Lane, Broadford Bridge, Billingshurst, West Sussex, RH14 9EA

Planning appeal 3272802 at Mayfield Nursery, West Chiltington Lane, Broadford Bridge, Billingshurst, West Sussex, RH14 9EA (Horsham District Council) was decided (quashed on legal grounds) on 5 September 2022 by Inspector Sandra Prail, by written representations. The main issue, as the Inspector framed it: Whether the alleged breach of planning control has occurred as a matter of fact.

without planning permission the material change of use of part of a building from agriculture to ancillary domestic use and storage in association with the main dwellinghouse at Mayfield Nursery as shown in the approximate positions hatched blue on the plan attached to the notice

Authority
Horsham District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Sandra Prail
Postcode
RH14 9EA

Main issues, as the Inspector framed them

  • Whether the alleged breach of planning control has occurred as a matter of fact
  • Whether the matters alleged constitute a breach of planning control

What decided it

The alleged change of use did not constitute a material change of use as it had not manifested itself in a change in the character of the land and did not materially affect the external appearance of the building.

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
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  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.

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