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Dismissed4 August 20266006627

Kellys Nursery, Bell Lane, Birdham, Chichester, PO20 7HY

Planning appeal 6006627 at Kellys Nursery, Bell Lane, Birdham, Chichester, PO20 7HY (Chichester) was dismissed on 4 August 2026 by Inspector J Heppell, by written representations. The main issue, as the Inspector framed it: the effect of the proposal on the character and appearance of the area.

replacement of an existing greenhouse, which benefits from Class Q prior approval for residential use, with two detached self-build dwellings, including associated parking

Authority
Chichester
Appeal type
minor · Planning
Procedure
Written
Development
residential
Inspector
J Heppell
Postcode
PO20 7HY

Main issues, as the Inspector framed them

  • the effect of the proposal on the character and appearance of the area
  • whether the proposal would provide suitable living conditions of future occupiers with particular reference to privacy
  • the effect of the proposal on the integrity of the SPA

What decided it

The proposal risks harm to the integrity of the Chichester and Langstone Harbours SPA due to inadequate mitigation, which engages the strong protection afforded to habitats sites in the Framework and displaces the presumption in favour of sustainable development.

The modest housing benefits and social and economic benefits of the proposal, afforded moderate weight, were outweighed by substantial weight attached to the harm to character and appearance, lack of privacy for future occupiers, and risk of harm to the SPA integrity.

What the Inspector cited

Development plan policies
Policy NE11Policy P1Policy P2Policy P3Policy P8Policy P6Policy NE6Policy NE8Birdham Parish Neighbourhood Plan Post Examination Version Policy 14Birdham Parish Neighbourhood Plan Post Examination Version Policy 16Birdham Parish Neighbourhood Plan Post Examination Version Policy 3
National Planning Policy Framework
Paragraph 11Paragraph 14Paragraph 16Paragraph 56Paragraph 58Paragraph 195
Judgments
Mansell v Tonbridge and Malling BC & others [2017] EWCA Civ 1314; Schneck v SSHCLG & West Berkshire DC [2022] EWHC 3335 (Admin)

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 Chichester

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

  1. Dismissed29 September 20253363119
    3 Lavant Road, Chichester, West Sussex , PO9 5QY
  2. Allowed10 February 20253330753
    Birdham Straight House Main Road, Birdham, Chichester, PO20 7HS
  3. Dismissed11 September 20243332139
    Shamba , Ifold, Loxwood, Billingshurst, RH14 0TQ
  4. Allowed21 January 20223283987
    Tamarisk West Bracklesham Drive, Bracklesham Bay, Chichester, PO20 8PH
  5. Dismissed23 October 20266009623
    Friars House, 52a East Street, Chichester, PO19 1JG

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.