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Planning appeal decision

Dismissed30 October 20233301126

Holmbush Manor Farm, Hayes Lane, Slinfold, Horsham, West Sussex, RH13 0SL

conversion of existing stables into a new dwelling

Authority
Horsham District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Buchanan R

Main issues, as the Inspector framed them

  • whether the site is an appropriate location for dwellings by conversion of an existing building having regard to local and national planning policy for residential development
  • the effect of the proposal on the Arun Valley Special Area of Conservation, Special Protection Area and Ramsar site having regard to water neutrality

What decided it

The proposal fails to demonstrate water neutrality and would significantly harm the integrity of the European protected sites, providing a clear reason for refusal that removes the presumption in favour of sustainable development, and the site is not an appropriate location for residential development under the development plan spatial strategy.

Although the Council cannot demonstrate a 5-year housing supply and the tilted balance applies, the protection of European protected sites provides a clear reason for refusal that displaces the presumption; the modest social, economic and environmental benefits of two dwellings were outweighed by the conflict with the development plan and the significant harm to protected habitats.

Framework references: 11, 80

Plan policies cited: HDPF Policy 2, HDPF Policy 3, HDPF Policy 4, HDPF Policy 26, HDPF Policy 31, HDPF Policy 33

Judgments cited: Braintree DC v SSCLG, Greyread Ltd & Granville Developments Ltd [2018] EWCA Civ 610; City and Country Bramshill Ltd v SSHLG and others [2021] EWCA Civ 320

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.