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Dismissed22 March 20233301748

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

Planning appeal 3301748 at Land South of Foxbury Lane, Foxbury Lane, Westbourne, West Sussex, PO10 8QX (Chichester District Council) was dismissed on 22 March 2023 by Inspector Edwards S, following a hearing. The main issue, as the Inspector framed it: The effect of the proposal on the integrity of Special Protection Areas.

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

What the Inspector cited

Development plan policies
LP Policy 2LP Policy 45LP Policy 46LP Policy 50LP Policy 1LP Policy 40LP Policy 47LP Policy 48LP Policy 49Policy OA1Policy LD1
National Planning Policy Framework
Paragraph 80Paragraph 130Paragraph 180-182

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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More decisions in Chichester

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

  1. Dismissed23 October 20266009623
    Friars House, 52a East Street, Chichester, PO19 1JG
  2. Dismissed15 October 20266010948
    Pendrills, Mill Lane, Fishbourne, PO19 3JN
  3. Dismissed5 October 20266011850
    8 Gloucester Way, Chichester, PO19 5DL
  4. Dismissed2 October 20266011615
    1, Harberton Crescent, Chichester, PO19 5NY
  5. Allowed30 September 20266014666
    Lerryn, West Strand, West Wittering, Chichester, PO20 8AU

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.