®Planning appeal decision
Hilland Farm, Hilland Road, Billingshurst, West Sussex, RH14 9HN
a development described as “A Hybrid Planning application comprising: Detailed planning permission for up to 4,998sqm of B1c, B2 and B8 use floorspace, roundabout access junction from the A29, access, parking, servicing areas and associated landscaping (phase 1). Outline planning permission for up to 14,075sqm of B1c, B2 B8 use floorspace, petrol filling station with ancillary retail offer and drive through coffee unit, with all matters reserved except for access (phase 2)” without complying with conditions attached to planning permission reference DC/21/1107, dated 11 March 2022
- Authority
- Horsham District Council
- Appeal type
- major · Planning Appeal
- Procedure
- Written Representations
- Development
- employment-industrial · Other Major Developments
- Inspector
- Catcheside E
Main issues, as the Inspector framed them
- whether condition 65 meets the tests for conditions set out in the National Planning Policy Framework, with particular regard to its precision, enforceability, and reasonableness in all other respects
- whether the proposed variation to condition 65 falls within the scope of Section 73 of the TCPA
What decided it
The proposed variation to condition 65 would expressly permit retail use on plot 18, which falls outside the scope of Section 73 of the TCPA as it would alter the operative part of the permission by permitting a use not described in the original development description.
Plan policies cited: Policy 7, Policy 9
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.