Planning appeal decision
Staalcot Farm Stall House Lane, Stall House Lane, North Heath, West Sussex, RH20 2HR
use of land for the stationing of caravans for residential purposes, together with the formation of hardstanding and associated landscaping. Construction of associated utility buildings
- Authority
- Horsham District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- caravan-gypsy · Change of use
- Inspector
- Pleasant L
Main issues, as the Inspector framed them
- the effect of the development on the character and appearance of the area, including any impact on the adjoining Public Right of Way
- the effect of the development on the setting of Grade II listed Laurel Cottage
- the effect of the development on Arun Valley Special Area of Conservation, Special Protection Area and Ramsar sites in relation to water neutrality
- the effect of the development on ecology and protected species
- whether the compliance period of six months [for the enforcement notice] is reasonable and proportionate
What decided it
The substantial and unmitigated harm to landscape character/the public right of way and to protected species outweighed the benefits of Gypsy and Traveller pitch need and the occupiers' personal circumstances, leading to dismissal of the planning appeal, while the enforcement notices were upheld but with an extended compliance period.
the substantial weight attached to harm to the character and appearance of the countryside and to ecology/biodiversity, together with moderate weight against intentional unauthorised development, significantly and demonstrably outweighed the significant weight given to the lack of a five-year supply of deliverable Gypsy and Traveller pitches and the substantial weight given to personal circumstances and the best interests of the children
Framework references: 11, 116, 135, 187, 193
Plan policies cited: Policy 25 of the HDPF, Policy 26 of the HDPF, Policy 23 of the HDPF, Policy 34 of the HDPF, Policy 31 of the HDPF
Judgments cited: R. (on the application of Bishop) v Westminster Council [2017] EWHC 3102(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.
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