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Dismissed2 November 20233306347

Arundene Orchard, Loxwood Road, Rudgwick, RH12 3BT

Planning appeal 3306347 at Arundene Orchard, Loxwood Road, Rudgwick, RH12 3BT (Horsham District Council) was dismissed on 2 November 2023 by Inspector Moore J, by written representations. The main issue, as the Inspector framed it: whether the site is an appropriate location for new housing, with particular regard to the accessibility of necessary services and facilities.

construction of detached dwelling with detached double garage

Authority
Horsham District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Moore J
Postcode
RH12 3BT

Main issues, as the Inspector framed them

  • whether the site is an appropriate location for new housing, with particular regard to the accessibility of necessary services and facilities
  • the effect of the proposed development on the Arun Valley Special Area of Conservation, Special Protection Area and Ramsar Site, with particular regard to water neutrality

What decided it

The proposal would have an adverse effect on the integrity of the Arun Valley Special Area of Conservation, Special Protection Area and Ramsar Site, which forms a clear reason for refusal under paragraph 11d) i of the Framework.

The benefits of housing delivery and previously developed land use, including the self-build element and lifetime home purpose, were outweighed by the poor accessibility of the location for necessary services and facilities and the unresolved adverse effect on the integrity of the Arun Valley Sites.

What the Inspector cited

Development plan policies
Policy 2 HDPFPolicy 3 HDPFPolicy 4 HDPFPolicy 26 HDPFPolicy 31 HDPFPolicy 16 HDPFPolicy 33 HDPFPolicy RNP1 Rudgwick Neighbourhood Plan 2020-2031
National Planning Policy Framework
Paragraph 11Paragraph 79Paragraph 179Paragraph 180
Judgments
Bernard Wheatcroft Ltd v SSE [JPL 1982 P37]; Holborn Studios Ltd v The Council of the London Borough of Hackney [2017] EWHC 2823 (Admin); Bramshill v Secretary of State for Housing, Communities and Local Government [2021] EWCA Civ 320; Braintree District Council v Secretary of State for Communities and Local Government and Ors [2018] EWCA Civ 610; Dartford Borough Council v The Secretary of State for Communities and Local Government & Ors [2017] EWCA Civ 141

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 Horsham District Council

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.