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Planning appeal decision

Notice upheld23 January 20233280877

South of Racton View, Marlpit Lane, Westbourne, PO10 8EQ

Planning appeal 3280877 at South of Racton View, Marlpit Lane, Westbourne, PO10 8EQ (Chichester District Council) was dismissed on 23 January 2023 by Inspector Hocking P, following an inquiry. The main issue, as the Inspector framed it: The ground (b) appeals – whether the breaches of planning control alleged in the notices have occurred as a matter of fact (Appeals B, C, D, E and F).

Without planning permission, the erection of a two storey dwellinghouse

Authority
Chichester District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
residential · Minor Dwellings
Inspector
Hocking P

Main issues, as the Inspector framed them

  • The ground (b) appeals – whether the breaches of planning control alleged in the notices have occurred as a matter of fact (Appeals B, C, D, E and F)
  • The ground (d) appeals – whether at the date the notices were issued it was too late to take enforcement action against the matters stated in them (Appeals A, C and E)

What decided it

The appellant failed to produce sufficiently precise and unambiguous evidence, on the balance of probabilities, either that the alleged breaches had not occurred or that the dwellings were substantially complete more than four years before the notices were issued.

What the Inspector cited

Judgments
Welwyn Hatfield BC v SSCLG & Beesley [2011] UKSC 15

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.

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The decision letter

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More decisions in Chichester

The authority’s record since 2016 · every decision in 2023

  1. Planning permission granted28 September 20263377990
    Thornham Products, Thornham Lane, Southbourne, Emsworth, West Sussex, PO10 8DD
  2. Notice varied and upheld7 August 20263358007
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  3. Notice varied and upheld3 August 20263372472
    Littlemead Business Park, Tangmere Road, Tangmere, West Sussex, PO20 2EU
  4. Notice varied and upheld28 July 20263328291
    Grists Farm, Hunston, Chichester, PO20 1JL
  5. Dismissed15 June 20263342319
    95 First Avenue, Batchmere, Chichester, PO20 7LQ

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.