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Planning appeal decision

Notice varied and upheld22 July 20223285443

Plot 13 Land Rear of Birdham Business Park, Birdham Road, Chichester, PO20 7EQ

Planning appeal 3285443 at Plot 13 Land Rear of Birdham Business Park, Birdham Road, Chichester, PO20 7EQ (Chichester District Council) was allowed in part (a split decision) on 22 July 2022 by Inspector Steen A, following a hearing. The main issue, as the Inspector framed it: whether the developments conserve and enhance the landscape and scenic beauty of the Chichester Harbour Area of Outstanding Natural Beauty.

without planning permission, change of use of the Land to use as a residential caravan site

Authority
Chichester District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Other minor developments
Inspector
Steen A
Postcode
PO20 7BU

Main issues, as the Inspector framed them

  • whether the developments conserve and enhance the landscape and scenic beauty of the Chichester Harbour Area of Outstanding Natural Beauty
  • whether other material considerations would outweigh any harm that might arise from those main issues, such as: the need for Gypsy and Traveller pitches; and the personal circumstances of the appellants
  • whether the developments are in a suitable location in terms of their location in respect to adjacent settlements
  • the effect of the development on the Chichester and Langstone Harbours Special Protection Area in which the sites are located

What decided it

The harm to the landscape and scenic beauty of the Chichester Harbour AONB, given great weight, was not outweighed by the unmet need for gypsy and traveller pitches or the appellant family's personal circumstances.

the great weight given to harm to the AONB outweighed the significant weight given to the unmet need for gypsy and traveller pitches and the personal circumstances/best interests of the children, so the balance tipped against the development

What the Inspector cited

Development plan policies
Policy 36 of the LPPolicy 43 of the LPPolicy 45 of the LPPolicy 48 of the LPPolicy 1 of the LPPolicy 2 of the LPPolicy 39 of the LPPolicy 50 of the LPPolicy 55 of the LPPolicy 4 of the NPPolicy 15 of the NPPolicy 13 of the NPPolicy 9 of the NP

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 2022

  1. Planning permission granted28 September 20263377990
    Thornham Products, Thornham Lane, Southbourne, Emsworth, West Sussex, PO10 8DD
  2. Notice varied and upheld7 August 20263358007
    Plot 2, First Acre, Ham Road, Sidlesham, West Sussex, PO20 7NS
  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.