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Quashed On Legal Grounds30 July 20263367747

Land Lying to the North of Brooks Lane, Bognor Regis, West Sussex, PO22 8AS

Planning appeal 3367747 at Land Lying to the North of Brooks Lane, Bognor Regis, West Sussex, PO22 8AS (Arun District Council) was decided (quashed on legal grounds) on 30 July 2026 by Inspector Goldberg V, by written representations. The main issue, as the Inspector framed it: Whether the matter alleged in the enforcement notice, if it has occurred, constitutes a breach of planning control, specifically whether the development benefits from permitted development rights under Schedule 2, Part 2, Class A of the GPDO.

Without planning permission and within the last ten (10) years the operational development by the erection or construction of fencing, gates, walls or other means of enclosure, adjacent to a highway (namely public footpaths 3799,3800,3801), that exceed 1m in height, on the Land

Authority
Arun District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Other minor developments
Inspector
Goldberg V
Postcode
PO22 8AS

Main issues, as the Inspector framed them

  • Whether the matter alleged in the enforcement notice, if it has occurred, constitutes a breach of planning control, specifically whether the development benefits from permitted development rights under Schedule 2, Part 2, Class A of the GPDO

What decided it

The footpaths in question are not highways used by vehicular traffic, and therefore the limitation in Class A.1(a) of the GPDO does not apply, meaning the development benefits from permitted development rights and does not constitute a breach of planning control.

What the Inspector cited

Judgments
Nicholson v Secretary of State (2005); Garland v Minister for Housing and Local Government (1981)

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.

See how each was applied

The decision letter

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More decisions in Arun District Council

The authority’s record since 2016 · every decision in 2026

  1. Quashed On Legal Grounds25 March 20263374943
    North of Toddington Lane, Wick, Littlehampton, West Sussex, BN17 7PN
  2. Notice upheld9 March 20263337426
    Longbrook Pavilion Bungalow Hook Lane, Bognor Regis, PO22 8AT
  3. Notice varied and upheld9 March 20263335746
    Flat 1, 4 Nelson Road, Bognor Regis, West Sussex, PO21 2RY
  4. Planning permission granted2 March 20263360505
    27 North Ham Road, Littlehampton, BN17 7AS
  5. Notice varied and upheld31 October 20253341692
    Lagnersh Campsite, Lagnersh House, Lower Bognor Road, Lagness, Chichester, West Sussex, PO20 1LW

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.