Planning appeal decision
Downsview Paddock, New Hall Lane, Small Dole, West Sussex, BN5 9YJ
Planning appeal 3280649 at Downsview Paddock, New Hall Lane, Small Dole, West Sussex, BN5 9YJ (Horsham District Council) was allowed in part (a split decision) on 10 November 2023 by Inspector Fagan N, following a hearing. The main issue, as the Inspector framed it: The effect of the development on the integrity of the Arun Valley Special Area of Conservation (SAC), Special Protection Area (SPA) and Ramsar site (the Habitat Sites), specifically in relation to water neutrality.
Without planning permission the material change of use of the land from agricultural and equestrian use to use for the stationing of caravans for residential occupation and associated occupational development of hardstanding
- Authority
- Horsham District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- caravan-gypsy · Major traveller and caravan pitches
- Inspector
- Fagan N
- Postcode
- BN5 9YJ
Main issues, as the Inspector framed them
- The effect of the development on the integrity of the Arun Valley Special Area of Conservation (SAC), Special Protection Area (SPA) and Ramsar site (the Habitat Sites), specifically in relation to water neutrality
- Whether the appeal site is situated in an accessible location and complies with relevant local and national policies including the Council's spatial strategy
- The effect of the development on the character and appearance of the area
- Whether there are other material considerations that would outweigh any harm identified, such as the need for and supply of gypsy and traveller accommodation within the District, the availability of other sites for the appellant and his family to move to currently, and their personal circumstances
What decided it
The Habitats Regulations precluded the grant of planning permission because the development would, or could, adversely affect the integrity of the Arun Valley Habitat Sites through failure to reliably achieve water neutrality.
The benefits of an acceptable, sustainable gypsy and traveller site, increased pitch supply, and the appellant family's personal and human rights circumstances were outweighed by the overriding statutory requirement under the Habitats Regulations to avoid harm to the integrity of the Habitat Sites, precluding the grant of permission.
What the Inspector cited
- Development plan policies
- Policy 31Policy 3Policy 4Policy 26Policy 25Policy 33Policy 23
- National Planning Policy Framework
- Paragraph 179Paragraph 180
- Judgments
- Lisa Smith v SSHCLG & Ors [2022] EWCA Civ 1391
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 appliedThe decision letter
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More decisions in Horsham District Council
The authority’s record since 2016 · every decision in 2023
- Allowed29 October 20266008830Staalcot Farm Stall House Lane, Stall House Lane, North Heath, RH20 2HR
- Notice upheld16 September 20263373450Development Site Lot 3, Kent Street, Cowfold, West Sussex, RH13 8BB
- Notice varied and upheld15 September 2026335577812 Great Lime Kilns, Southwater, Horsham, RH13 9JL
- Notice upheld18 June 20263343866Pengarth, 11 Nightingales, West Chiltington, Pulborough, West Sussex, RH20 2QT
- Split Decision29 May 202633757682 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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