®Planning appeal decision
Land Fir Trees Place, Turners Hill Road, Crawley Down, West Sussex, RH10 4HQ
(a) without planning permission, the material change of the Land to a mixed use comprising agriculture and stationing of caravans and their residential use (b) without planning permission, the carrying out of works to form hardstanding and a service trench
- Authority
- Mid Sussex District Council
- Appeal type
- minor · Enforcement Notice
- Procedure
- Inquiry
- Development
- caravan-gypsy · Major 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 appeal site is a suitable location the development
- whether the development would have an adverse effect on protected species and their habitats
- whether the measures for disposal of foul and surface water at the site are, or could be made to be, adequate
What decided it
The combination of unmitigable harm to protected species and habitats and inadequate foul/surface water drainage arrangements, which could not lawfully be addressed through conditions within the scope of a ground (a) appeal, decisively outweighed the private benefits to the appellant and other occupiers.
the adverse impacts of granting planning permission (harm to landscape character, unsuitable location, harm to protected species, and inadequate drainage) significantly and demonstrably outweighed the largely private benefits under the paragraph 11(d) balance
Framework references: 187, 110, 115, 117, 193, 11
Plan policies cited: Policy DP12, Policy DP26, Policy DP33, Policy DP38, Policy DP41, Policy DP42, Policy CDNP05, Policy CDNP06, Policy CDNP08, Policy CDNP09, Policy CDNP10
Judgments cited: Bhandal v Secretary of State for Housing, Communities and Local Government & Bromsgrove District Council [2020] EWHC 2724 (Admin); SSCLG v Ioannou [2015] 1 P&CR 10; Chapman v UK 33 EHCR; Bank Mellat v HM Treasury (No 2) [2013] UKSC 38
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.