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Planning appeal decision

Dismissed9 June 20223273949

Thornham Products, Thornham Lane, EMSWORTH, PO10 8DD

Retention of existing single mobile home on the land and to continue to use it for the applicant’s place of residence, following expiry of temporary period granted under condition 2 of SB/15/01837/FUL which ended on 2 June 2019”

Authority
Chichester District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor traveller and caravan pitches
Inspector
Edwards S

Main issues, as the Inspector framed them

  • Whether the site constitutes a suitable location for the development, particularly in relation to access to services and facilities
  • Whether the mobile home is suitably located, having regard to national and local planning policies which seek to steer development away from areas with the highest risk of flooding
  • The effect of the development on the character and appearance of the area, having particular regard to the Chichester Harbour Area of Outstanding Natural Beauty (AONB)

What decided it

The development fails on three independent grounds—unsustainable location, high flood risk in Flood Zone 3 without a Sequential Test, and significant harm to the character and appearance of the Chichester Harbour AONB—and the tilted balance under paragraph 11 of the Framework does not apply because these policies protect areas of particular importance.

The personal circumstances of the appellants, including their unsuccessful attempts to find alternative accommodation, were outweighed by the harms identified in relation to sustainability, flood risk and landscape character, and the tilted balance under paragraph 11 of the Framework did not apply

Framework references: 11, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 176

Plan policies cited: Policy 2, Policy 45, Policy 46, Policy 1, Policy 8, Policy 42, Policy 43

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.