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Dismissed7 August 20233300814

Koolbergen, Kellys and Bellfield Nurseries, Bell Lane, Birdham, Chichester, West Sussex, PO20 7HY

Planning appeal 3300814 at Koolbergen, Kellys and Bellfield Nurseries, Bell Lane, Birdham, Chichester, West Sussex, PO20 7HY (Chichester District Council) was dismissed on 7 August 2023 by Inspector Szymanski D, following a hearing. The main issue, as the Inspector framed it: whether or not the proposal accords with policies concerned with the location of new development and the protection of the countryside.

Outline Application with all matters reserved apart from access for the erection of up to 73 dwellings, open space and associated works, Class E(g) employment floorspace and Class E(a) retail floorspace

Appeal type
major · Planning Appeal
Procedure
Hearing
Development
residential · Major dwellings
Inspector
Szymanski D
Postcode
PO20 7HY

Main issues, as the Inspector framed them

  • whether or not the proposal accords with policies concerned with the location of new development and the protection of the countryside
  • the effect of the proposal upon the local horticultural industry
  • whether or not the proposal is compliant with policies for flood risk and could ensure suitable provision for and maintenance of drainage infrastructure
  • whether or not the proposal is compliant with policies for the control of pollution
  • whether or not the proposal would make adequate provision for affordable housing and local infrastructure
  • the effect of the proposal upon Habitats sites

What decided it

The combined and unresolved harm from conflict with countryside/location policies, significant harm to the local horticultural industry, and inadequate flood risk evidence outweighed the benefits of the scheme.

significant benefits from housing delivery, economic activity and highway improvements were outweighed by the harm to the horticultural industry, conflict with countryside/location policies and unresolved flood risk, so the proposal conflicted with the development plan as a whole and permission was refused

What the Inspector cited

Development plan policies
Policy 1Policy 2Policy 5Policy 8Policy 9Policy 12Policy 13Policy 15Policy 23Policy 26Policy 33Policy 34Policy 39Policy 42Policy 45Policy 46Policy 50Policy 54Policy T1
National Planning Policy Framework
Paragraph 11Paragraph 12Paragraph 47Paragraph 56Paragraph 159Paragraph 161Paragraph 162Paragraph 163Paragraph 164Paragraph 165Paragraph 167Paragraph 174Paragraph 180Paragraph 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.

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The decision letter

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

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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.