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Planning appeal decision

Dismissed2 November 20233306347

Arundene Orchard, Loxwood Road, Rudgwick, RH12 3BT

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

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.

Framework references: 11, 79, 179, 180

Plan policies cited: Policy 2 HDPF, Policy 3 HDPF, Policy 4 HDPF, Policy 26 HDPF, Policy 31 HDPF, Policy 16 HDPF, Policy 33 HDPF, Policy RNP1 Rudgwick Neighbourhood Plan 2020-2031

Judgments cited: 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

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.