Planning appeal decision
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.
See how each was appliedThe decision letter
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More decisions in South Downs
The authority’s record since 2016 · every decision in 2024
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- Notice upheld28 January 20263333602Willow Spring Farm, Northchapel, Petworth, GU28 9EN
- Notice varied and upheld28 January 20263331030Land at Hucksholt Farm, Compton, Chichester, West Sussex, PO18 9NS
- Notice varied and upheld21 January 20263355722Lythe 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.
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