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Dismissed5 October 20233319542

Land South of Henfield Road, Albourne , BN6 9DH

Planning appeal 3319542 at Land South of Henfield Road, Albourne , BN6 9DH (Mid Sussex District Council) was dismissed on 5 October 2023 by Inspector Bust R, following an inquiry. The main issue, as the Inspector framed it: The effect of the proposal on the landscape character including the public rights of way.

the erection of up to 120 residential dwellings including 30% affordable housing, public open space and community facilities. All matters are reserved except for access

Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Major dwellings
Inspector
Bust R

Main issues, as the Inspector framed them

  • The effect of the proposal on the landscape character including the public rights of way
  • The effect of the proposal on the significance of nearby designated heritage assets including the Albourne Conservation Area and Listed Buildings
  • Whether or not the Council can demonstrate a deliverable 5-year housing land supply

What decided it

The significant landscape character harm combined with the less-than-substantial but significant heritage harm outweighed the identified benefits, within a standard (non-tilted) planning balance because the development plan policies were found not to be out of date and a five-year housing land supply was demonstrated.

The benefits of market and affordable housing, economic, environmental and community benefits did not individually or cumulatively outweigh the significant landscape harm, the less than substantial (but significant) heritage harm, and the conflict with the development plan as a whole, so the balance tipped against the proposal.

What the Inspector cited

Development plan policies
Policy DP4Policy DP6Policy DP12Policy DP15Policy DP20Policy DP24Policy DP25Policy DP31Policy DP34Policy DP35Policy ALC1Policy ALH1
National Planning Policy Framework
Paragraph 11Paragraph 56Paragraph 60Paragraph 61Paragraph 66Paragraph 74Paragraph 174Paragraph 202
Judgments
Bernard Wheatcroft Ltd v SSE [JPL 1982 P37]

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 Mid Sussex

The authority’s record since 2016 · every decision in 2023

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  3. Dismissed30 April 20266002774
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  4. Allowed16 September 20253363187
    Land Adjacent to Hilgay Cottage , Birchwood Grove, Burgess Hill, West Sussex
  5. Allowed20 August 20253366246
    Firs Farm, Copthorne Common, Copthorne, West Sussex, RH10 3LF

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.