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Planning appeal decision

Dismissed22 March 20233301748

Land south of Foxbury Lane, Foxbury Lane, Westbourne, West Sussex, PO10 8QX

Erection of 1 no. dwelling and associated landscaping

Authority
Chichester District Council
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
residential · Minor Dwellings
Inspector
Edwards S

Main issues, as the Inspector framed them

  • The effect of the proposal on the integrity of Special Protection Areas
  • The effect of the proposal on the rural character and appearance of the area

What decided it

the lack of certainty that the proposed nitrate neutrality mitigation would remain effective for the lifetime of the development, resulting in conflict with the Habitats Regulations and LP Policy 50

the exceptional design quality of the proposal outweighed its conflict with LP Policies 2 and 45, but this was itself outweighed by the unresolved conflict with LP Policy 50 and the Habitats Regulations regarding nitrate neutrality, so the appeal was dismissed

Framework references: 80, 130, 180-182

Plan policies cited: LP Policy 2, LP Policy 45, LP Policy 46, LP Policy 50, LP Policy 1, LP Policy 40, LP Policy 47, LP Policy 48, LP Policy 49, Policy OA1, Policy LD1

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.