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Planning appeal decision

Allowed6 July 20266008644

Land to the rear of Watermead, Yapton Road, Barnham, PO22 0BQ

erection of 2-3 self build dwellings

Authority
Arun District Council
Appeal type
minor · Planning
Procedure
Written
Development
residential
Postcode
PO22 0BQ

Main issues, as the Inspector framed them

  • Whether the site is a suitable location for the proposed number of dwellings having regard to the character of the area

What decided it

The extant permission in principle for one dwelling on the site, treated as a real fallback position, combined with the Council's inability to demonstrate a five-year housing land supply, meant the presumption in favour of sustainable development applied and adverse impacts did not significantly and demonstrably outweigh the benefits.

The conflict with the development plan was outweighed by the presumption in favour of sustainable development under paragraph 11(d) of the Framework, given the Council's housing land supply shortfall and the considerable weight attached to the fallback position of the extant permission in principle for one dwelling.

Framework references: 11, 14

Plan policies cited: Policy C SP1 of the Adoption Arun Local Plan 2011-2031, Policy H8 of the Barnham and Eastergate Neighbourhood Development Plan 2019-2031

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.

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.