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Planning appeal decision

Dismissed30 August 20233303126

Keepers Cottages, West Chiltington Lane, Coneyhurst, West Sussex, RH14 9DL

demolition of existing Keepers Cottages, and erection of one residential dwelling, access, landscaping and associated infrastructure

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

Main issues, as the Inspector framed them

  • Whether the new dwelling site is an appropriate location for a dwelling taking into account local and national spatial planning policy
  • The effect of the proposal on the character and appearance of the area taking into account the proposed new dwelling and the demolition of the Cottages
  • The effect on the integrity of the Arun Valley Special Area of Conservation, Special Protection Area, and Ramsar Site

What decided it

The Inspector could not confidently conclude that water neutrality had been demonstrated and therefore could not exclude adverse effects on the integrity of the Arun Valley Special Area of Conservation, Special Protection Area and Ramsar Site, which prevented the grant of permission under Habitat Regulations Assessment Regulation 63.

The spatial policy conflicts, harm to character and appearance, and inability to rule out adverse effects on protected habitats attracted very great weight and outweighed the limited benefits of housing delivery and economic benefits, which were further diminished by the net loss of one dwelling compared to the fallback position.

Framework references: 11

Plan policies cited: Policy 2 HDPF, Policy 3 HDPF, Policy 4 HDPF, Policy 25 HDPF, Policy 26 HDPF, Policy 28 HDPF, Policy 31 HDPF, Policy 32 HDPF, Policy 33 HDPF, Policy Ship HD1 Shipley Parish Neighbourhood Plan 2020

Judgments cited: Mansell v Tonbridge and Malling Borough Council [2017] EWCA Civ 1314

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.