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Dismissed1 November 20223299202

Bethwines Farm, Blackboy Lane, Fishbourne, PO18 8BL

Planning appeal 3299202 at Bethwines Farm, Blackboy Lane, Fishbourne, PO18 8BL (Chichester District Council) was dismissed on 1 November 2022 by Inspector Bristow T, by written representations. The main issue, as the Inspector framed it: Appeal A: (i) whether the site is an appropriate location for the development proposed, with particular regard to local character, (ii) the effect of the proposal on the living conditions of those nearby, with particular regard to noise, (iii) the effect of the proposal on the safe and efficient operation of the surrounding highway network, and (iv) whether suitable provision would be made for surface water drainage and waste management.

described on the application form as ‘change of use of land to provide facility for ‘doggy day care’, including the provision of 3 no. portakabins and perimeter fence.’ Appeal B, Ref: APP/L3815/W/22/3297859 Bethwines Farm, Blackboy Lane, Fishbourne PO18 8BL

Authority
Chichester District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
other · Change of use
Inspector
Bristow T
Postcode
PO18 8BL

Main issues, as the Inspector framed them

  • Appeal A: (i) whether the site is an appropriate location for the development proposed, with particular regard to local character, (ii) the effect of the proposal on the living conditions of those nearby, with particular regard to noise, (iii) the effect of the proposal on the safe and efficient operation of the surrounding highway network, and (iv) whether suitable provision would be made for surface water drainage and waste management
  • Appeal B: (i) whether or not it has been demonstrated that the scheme would be permitted development, and (ii) the transport, highways and noise impacts of the development proposed
  • Appeal C: (i) whether the proposal amounts to a material change of use in the land requiring planning permission, (ii) whether the appeal site is a suitable location for the development proposed, and (iii) whether it was reasonable for the Council not to have validated the application

What decided it

For all three appeals, the lack of adequate information and evidence to support the proposals, combined with unacceptable impacts on local character, living conditions of neighbours, and highway safety, meant none of the schemes could be justified against the development plan policies and NPPF guidance.

What the Inspector cited

Development plan policies
Local Plan Policy 2Local Plan Policy 3Local Plan Policy 8Local Plan Policy 9Local Plan Policy 40Local Plan Policy 45Local Plan Policy 48Fishbourne Neighbourhood Plan Policy D1Fishbourne Neighbourhood Plan Policy E1Fishbourne Neighbourhood Plan Policy E2Fishbourne Neighbourhood Plan Policy SD3
National Planning Policy Framework
Paragraph 11Paragraph 68Paragraph 74Paragraph 84Paragraph 111Paragraph 112Paragraph 130Paragraph 167Paragraph 169Paragraph 174Paragraph 185Paragraph 188

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 applied

The decision letter

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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.

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.