®Planning appeal decision
Smithers Farm, Guildford Road, Rudgwick, HORSHAM, RH12 3BX
Erection of a dwelling house and change of use of existing dwelling into office
- Authority
- Horsham District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Szymanski D
Main issues, as the Inspector framed them
- the effect of the proposal upon the character and appearance of the area
- the effect of the proposal upon green infrastructure
- whether or not the proposal is consistent with policies for the location of new development
- the effect of the proposal upon designated habitats sites
- the effect of the proposal upon the operation of the highway and parking provision
What decided it
The failure to demonstrate water neutrality to ensure no adverse effects on the integrity of the Arun Valley designated habitats sites, which under Regulation 63(5) of the Conservation of Habitats and Species Regulations 2017 (as amended) precludes the proposal from proceeding.
The moderate benefits from economic growth, business expansion, rural economy support and limited housing delivery were significantly outweighed by significant harm to character and appearance, substantial harm to designated habitats sites (precluding the proposal under the Regulations), significant policy conflicts regarding location of development, and unresolved concerns regarding green infrastructure loss and highway safety; the tilted balance did not apply due to the habitats sites conflict.
Framework references: 11, 192, 193
Plan policies cited: Policy 1 HDPF, Policy 2 HDPF, Policy 3 HDPF, Policy 4 HDPF, Policy 10 HDPF, Policy 25 HDPF, Policy 26 HDPF, Policy 28 HDPF, Policy 31 HDPF, Policy 32 HDPF, Policy 33 HDPF, Policy 40 HDPF, Policy 41 HDPF, Policy RNP1 RNDP, Policy RNP6 RNDP, Policy RNP7 RNDP, Policy RNP8 RNDP, Policy RNP9 RNDP, Policy RNP17 RNDP
Judgments cited: R (Network Rail Infrastructure Ltd) v Secretary of State for the Environment, Food & Rural Affairs [2017] EWHC 2259 (Admin)
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.