®Planning appeal decision
Land south of Clappers Lane, Earnley, Chichester, PO20 7JJ
described on the application as: ‘creation of approximately 100 dwellings, 30% affordable housing, public open space, landscaping and access.’
- Authority
- Chichester District Council
- Appeal type
- major · Planning Appeal
- Procedure
- Inquiry
- Development
- residential · Major dwellings
- Inspector
- Whitehead M
Main issues, as the Inspector framed them
- the effect of the proposal on the character and appearance of the area, including the settlement gap between Bracklesham and Earnley
- its effect on pollution in the area, with particular regard to flooding due to foul sewage
- whether the Council can demonstrate a 5 year housing land supply
- as the 'Competent Authority', whether the proposal would affect the integrity of protected wildlife sites, in accordance with Regulation 63 of the Conservation of Habitats and Species Regulations 2017 (as amended)
What decided it
The Council's inability to demonstrate a 5 year housing land supply engaged the tilted balance under paragraph 11(d)(ii) of the Framework, and the substantial housing benefits were found not to be significantly and demonstrably outweighed by the identified harms.
The substantial weight given to market and affordable housing delivery, together with moderate and significant weight for biodiversity, open space and economic benefits, was found not to be significantly and demonstrably outweighed by the substantial weight given to loss of rural landscape character, significant weight given to loss of agricultural land, and moderate weight given to increased traffic, so the presumption in favour of sustainable development was engaged and the appeal allowed.
Framework references: 11, 56, 71, 81, 134, 174, 180, 185, 188
Plan policies cited: CLP Policy 2, CLP Policy 4, CLP Policy 45, CLP Policy 33, CLP Policy 48, CLP Policy 47, CLP Policy 34, CLP Policy 51, CLP Policy 49, CLP Policy 50, CLP Policy 52, CLP Policy 54, CLP Policy 7, CLP Policy 8, CLP Policy 13, CLP Policy 39
Judgments cited: Barratt Homes v Welsh Water [2009] PTSR 651 at [42]
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.