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Planning appeal decision

Split Decision29 May 20263375764

1 Greenacres Farm West Chiltington Lane, BILLINGSHURST, RH14 9DR

Authority
Horsham District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Freer P

Main issues, as the Inspector framed them

  • the effect, if any, on the character and appearance of the area
  • whether the development(s) would have an adverse effect on protected species and their habitats
  • whether the new access causes harm to the function and safety of the highways network
  • whether the measures for disposal of foul and surface water at the site are adequate

What decided it

The paragraph 11(d) planning balance, under which harm to landscape character and protected species outweighed the appellant's benefits for the development in full, but not for the reduced scheme once the brick pillars, gates and rear hardstanding were excluded.

for the development as alleged in full, the adverse impacts on character/appearance and protected species significantly and demonstrably outweighed the benefits to the appellant's Gypsy/Traveller family; once the brick pillars, entrance gates and rear hardstanding were excluded, the reduced harm meant the adverse impacts no longer significantly and demonstrably outweighed those benefits, tipping the balance in favour of granting permission for the retained elements

Framework references: 187, 11

Plan policies cited: Policy 23, Policy 25, Policy 26, Policy 33, Policy 31, Policy 40, Policy 38, Policy 12

Judgments cited: Wychavon District Council v Secretary of State for Communities & Local Government, Kathleen Butler, Leonard Butler [2008] EWCA Civ 692; Chapman v UK 33 EHRR 399; Chapman v UK [2001] ECHR 43

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.