®Planning appeal decision
Kellys Nursery, Bell Lane, Birdham, Chichester, PO20 7HY
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
- 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.
Framework references: 11, 14, 16, 56, 58, 195
Plan policies cited: Policy NE11, Policy P1, Policy P2, Policy P3, Policy P8, Policy P6, Policy NE6, Policy NE8, Birdham Parish Neighbourhood Plan Post Examination Version Policy 14, Birdham Parish Neighbourhood Plan Post Examination Version Policy 16, Birdham Parish Neighbourhood Plan Post Examination Version Policy 3
Judgments cited: Mansell v Tonbridge and Malling BC & others [2017] EWCA Civ 1314; Schneck v SSHCLG & West Berkshire DC [2022] EWHC 3335 (Admin)
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.