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Planning appeal decision

Dismissed10 February 20266001073

Land East of 4 Brook Cottages, Mill Lane, Westbourne, West Sussex, PO10 8RT

Erection of 1 no. dwelling

Authority
Chichester District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Szymanski D

Main issues, as the Inspector framed them

  • whether or not the proposal is compliant with development plan policies for the location of new residential development
  • the effect of the proposal upon the character and appearance of the area
  • the effect of the proposal upon designated habitats sites
  • whether or not the proposal would make adequate provision for mitigating effects upon the highway network

What decided it

The absence of certainty regarding the form and delivery of mitigation for increased nitrate inputs to designated habitats sites, which under the Conservation of Habitats and Species Regulations 2017 precludes the proposal from proceeding.

The benefits of housing delivery, self-build provision, economic benefits during construction, and potential ecological enhancements (together attracting weight of a high order) were substantially outweighed by significant harm to character and appearance, conflict with recently adopted development plan policies for location of development, and the regulatory precondition that the proposal would not adversely affect the integrity of habitats sites (together attracting very substantial weight against the scheme).

Framework references: 135, 193, 195, 216, 8, 109, 110, 115, 58

Plan policies cited: Policy S2, Policy NE11, Policy OA1, Policy P2, Policy LD1, Policy P1, Policy P3, Policy NE8, Policy NE17, Policy T1, Policy I1, Policy T2, Policy H6

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.