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Notice varied and upheld9 April 20243313813

South East of Clappers Lane, Fulking, Henfield, BN5 9NH

Planning appeal 3313813 at South East of Clappers Lane, Fulking, Henfield, BN5 9NH (South Downs) was allowed in part (a split decision) on 9 April 2024 by Inspector Orr H, following a hearing. The main issue, as the Inspector framed it: The effect of the development on the character and appearance of the area and the SDNP.

Unauthorised operational development by the importation and laying of approximately 0.3 hectares of chalk and hardcore material to create hardstanding; and The material change of use of the Land from agriculture to use of the Land as a site for settled gypsy accommodation by the placement and residential occupation of two (2) caravans (mobile homes) on the Land and three (3) further touring caravans stationed on the Land, and siting of a portable toilet, and the erection of external lighting and all associated paraphernalia and/or additional caravans

Authority
South Downs
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Orr H
Postcode
BN5 9NH

Main issues, as the Inspector framed them

  • The effect of the development on the character and appearance of the area and the SDNP
  • The effect of the development on the settled local community
  • Whether any harm arising from the above matters is outweighed by any other material considerations

What decided it

The significant harm to the landscape character and appearance of the SDNP, combined with the cumulative dominance of the settled community, was not clearly outweighed by the benefits of pitch provision and personal circumstances.

the significant weight given to the need for pitches, lack of alternative sites and personal circumstances did not clearly outweigh the significant harm to the character and appearance of the SDNP and the settled community

What the Inspector cited

Development plan policies
Policy SD25Policy SD1Policy SD4Policy SD5Policy SD6Policy SD33

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.

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The decision letter

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More decisions in South Downs

The authority’s record since 2016 · every decision in 2024

  1. Notice varied and upheld23 April 20263371500
    Land at Quin Hay Fram, Petersfield Road, Froxfield, Petersfield , GU32 1BZ
  2. Notice upheld9 February 20263346595
    Moodys Meadow, Petersfield Road, Bramdean, Hampshire, SO24 0JX
  3. Notice upheld28 January 20263333602
    Willow Spring Farm, Northchapel, Petworth, GU28 9EN
  4. Notice varied and upheld28 January 20263331030
    Land at Hucksholt Farm, Compton, Chichester, West Sussex, PO18 9NS
  5. Notice varied and upheld21 January 20263355722
    Lythe Lane, Petersfield, Hampshire, GU32 1AT

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.