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Notice varied and upheld4 July 20253334645

Woodlands Retreat Hambrook Hill South, Hambrook, Chichester, PO18 8UJ

Planning appeal 3334645 at Woodlands Retreat Hambrook Hill South, Hambrook, Chichester, PO18 8UJ (Chichester District Council) was allowed in part (a split decision) on 4 July 2025 by Inspector Moss J, following an inquiry. The main issue, as the Inspector framed it: Ground (d): whether, at the date the notice was issued, no enforcement action could be taken because the alleged residential use (as corrected) had continued substantially uninterrupted for a period of ten years beginning with the date of the breach.

Without planning permission, the material change of use of the Land to use for the stationing of mobile homes for the purposes of human habitation

Authority
Chichester District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
residential · Change of use
Inspector
Moss J
Postcode
PO18 8UJ

Main issues, as the Inspector framed them

  • Ground (d): whether, at the date the notice was issued, no enforcement action could be taken because the alleged residential use (as corrected) had continued substantially uninterrupted for a period of ten years beginning with the date of the breach
  • Ground (g): whether the period specified in the notice for compliance falls short of what should reasonably be allowed

What decided it

The appellant did not discharge the burden of proving, on the balance of probability, that the residential use of the mobile homes had continued substantially uninterrupted for ten years, given inconsistent witness evidence, a lack of corroborating documents, and aerial photography that contradicted his account.

What the Inspector cited

Judgments
Thurrock, Basingstoke & Deane BC v. SoSC&LG [2009] JPL 1585-1597; [2009] EWHC 1012 (Admin)

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 Chichester

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

  1. Planning permission granted28 September 20263377990
    Thornham Products, Thornham Lane, Southbourne, Emsworth, West Sussex, PO10 8DD
  2. Notice varied and upheld7 August 20263358007
    Plot 2, First Acre, Ham Road, Sidlesham, West Sussex, PO20 7NS
  3. Notice varied and upheld3 August 20263372472
    Littlemead Business Park, Tangmere Road, Tangmere, West Sussex, PO20 2EU
  4. Notice varied and upheld28 July 20263328291
    Grists Farm, Hunston, Chichester, PO20 1JL
  5. Dismissed15 June 20263342319
    95 First Avenue, Batchmere, Chichester, PO20 7LQ

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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