Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Dismissed6 February 20263371035

Land South of Churchlands Cottage, Village Road, Kirdford, Billingshurst, West Sussex, RH14 0LU

Planning appeal 3371035 at Land South of Churchlands Cottage, Village Road, Kirdford, Billingshurst, West Sussex, RH14 0LU (Chichester District Council) was dismissed on 6 February 2026 by Inspector Freer P, following an inquiry. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a certificate of lawful use or development was well founded.

Use of 2 no. permanent structures for residential use, with alterations undertaken to one of the structures

Authority
Chichester District Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Inquiry
Development
residential · Other minor developments
Inspector
Freer P
Postcode
RH14 0LU

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to grant a certificate of lawful use or development was well founded

What decided it

The appellants failed to prove, on the balance of probabilities, that Buildings 1 and 2 were used continuously as independent C3 dwellinghouses throughout the relevant immunity period.

What the Inspector cited

Judgments
R. (Flint & Pinker) v South Gloucestershire Council [2017] J.P.L. 310; Gravesham BC v SSE & O'Brien [1983] JPL 306; Wealden DC v Mitchell [2017] EWHC 2328 (QB); Welwyn Hatfield BC v SSCLG & Beesley [2011] UKSC 15; Thurrock BC v SSETR & Holding [2002] EWCA Civ 226; Swale BC v FSS & Lee [2005] EWCA Civ 1568; Sage v SSETR & Maidstone BC [2003] UKHL 22; Gabbitas v SSE & Newham BC [1985] JPL 630

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

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

4 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Chichester

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

  1. Dismissed23 October 20266009623
    Friars House, 52a East Street, Chichester, PO19 1JG
  2. Dismissed15 October 20266010948
    Pendrills, Mill Lane, Fishbourne, PO19 3JN
  3. Dismissed5 October 20266011850
    8 Gloucester Way, Chichester, PO19 5DL
  4. Dismissed2 October 20266011615
    1, Harberton Crescent, Chichester, PO19 5NY
  5. Allowed30 September 20266014666
    Lerryn, West Strand, West Wittering, Chichester, PO20 8AU

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.