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Notice varied and upheld31 March 20253319435

Land East of Dan Tree Farm, London Road, Bolney, West Sussex, RH17 5QF

Planning appeal 3319435 at Land East of Dan Tree Farm, London Road, Bolney, West Sussex, RH17 5QF (Mid Sussex District Council) was allowed in part (a split decision) on 31 March 2025 by Inspector Lewis D, following an inquiry. The main issue, as the Inspector framed it: 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.

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
Postcode
RH17 5QF

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.

What the Inspector cited

Development plan policies
Policy DP16Policy W11Policy DP12Policy DP26Policy W12Policy DP21Policy W18Policy W1(c)Policy W3(a)(iii)Policy W4Policy W13Policy W10
National Planning Policy Framework
Paragraph 190Paragraph 193
Judgments
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

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 Mid Sussex

The authority’s record since 2016 · every decision in 2025

  1. Notice varied and upheld6 July 20263376721
    Land Fir Trees Place, Turners Hill Road, Crawley Down, West Sussex, RH10 4HQ
  2. Dismissed30 March 20266002280
    Floran Farm, Hophurst Hill, Crawley Down, West Sussex, RH10 4LP
  3. Planning permission granted7 May 20253312194
    Land at Upper Sparks Farm , Staplefield Road , Cuckfield, West Sussex , RH17 5HY
  4. Quashed On Legal Grounds31 March 20253336931
    1 The Platt, Lindfield, RH16 2SY
  5. Notice varied and upheld13 January 20253333842
    43 Wilderness Road, Hurstpierpoint, Hassocks, BN6 9XD

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.