®Planning appeal decision
Land South of Clappers Lane, Earnley, Chichester, PO20 7JJ
Planning appeal 3291160 at Land South of Clappers Lane, Earnley, Chichester, PO20 7JJ (Chichester District Council) was allowed on 19 August 2022 by Inspector Whitehead M, following an inquiry. The main issue, as the Inspector framed it: the effect of the proposal on the character and appearance of the area, including the settlement gap between Bracklesham and Earnley.
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
- Postcode
- PO20 7JJ
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.
What the Inspector cited
- Development plan policies
- CLP Policy 2CLP Policy 4CLP Policy 45CLP Policy 33CLP Policy 48CLP Policy 47CLP Policy 34CLP Policy 51CLP Policy 49CLP Policy 50CLP Policy 52CLP Policy 54CLP Policy 7CLP Policy 8CLP Policy 13CLP Policy 39
- National Planning Policy Framework
- Paragraph 11Paragraph 56Paragraph 71Paragraph 81Paragraph 134Paragraph 174Paragraph 180Paragraph 185Paragraph 188
- Judgments
- Barratt Homes v Welsh Water [2009] PTSR 651 at [42]
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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With an account
What an account adds to this decision
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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.