®Planning appeal decision
Land east of Dan Tree Farm, London Road, Bolney, West Sussex, RH17 5QF
Without planning permission: 1. The material change of use of the Land from agriculture to a mixed use of: i. the importation, processing, storage and export of waste material upon the Land; ii. the deposition of waste material upon the Land; iii. the storage of building materials upon the Land; iv. the storage of plant, machinery and containers upon the Land; 2. Operational development comprising the laying and construction of hardstanding upon the Land
- Authority
- Mid Sussex District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- minerals-waste · Change of use
- Inspector
- Lewis D
Main issues, as the Inspector framed them
- Whether on the balance of probability (i) the material change of use took place before 27 January 2010 and thereafter continued substantially uninterrupted for a period of 10 years, and (ii) the laying of the hardstanding was substantially completed by 28 February 2019
- The effect of the development on the landscape and scenic beauty of the High Weald National Landscape (HWNL)
- The effect on the safety and operation of the strategic highway network
- The need for the development, its contribution to the sustainable management of waste and the local economy and whether alternative suitable sites are available
What decided it
The harm to the High Weald National Landscape combined with the unsafe and substandard highway access, neither of which was outweighed by the unproven need for the waste facility, led to refusal of the deemed planning application and dismissal of the appeal.
The very substantial landscape harm and significant highway safety risk outweighed the benefits of waste management, employment and economic contribution, so the mixed use was not shown to be in the public interest and the appeal failed.
Framework references: 190, 193
Plan policies cited: Policy DP16, Policy W11, Policy DP12, Policy DP26, Policy W12, Policy DP21, Policy W18, Policy W1(c), Policy W3(a)(iii), Policy W4, Policy W13, Policy W10
Judgments cited: Jarmain v Secretary of State for the Environment, Transport and the Regions [2000] PLR 126; Fidler v First Secretary of State & Reigate and Banstead Borough Council [2003] EWHC 2003 Admin; Fidler v First Secretary of State & Reigate and Banstead Borough Council [2004] EWCA Civ 1245; Gestamin SGPS v Credit Suisse [2013] EWHC 3560; Thurrock BC v Secretary of State for the Environment Transport and the Regions and Holding [2002] EWCA Civ 226; Burdle
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.