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Chichester District Council
Planning Committee
Wednesday 27 May 2015
Report of the Head of Planning Services
Schedule of Planning Appeals, Court and Policy Matters
This report updates committee members on current appeals and other matters. It would
be of assistance if specific questions on individual cases could be directed to officers in
advance of the meeting.
Note for public viewing via Chichester District Council web site To read each file in
detail, including the full appeal decision when it is issued, click on the reference number
(NB certain enforcement cases are not open for public inspection, but you will be able to
see the key papers via the automatic link to the Planning Inspectorate)
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Written Representation Appeal
Hearing
Inquiry
Case Officer initials
Committee level decision
1. NEW APPEALS
Reference/Procedure
Proposal
CC/14/02551/FUL
WR (C Boddy)
Land Adjacent to 1 Kings Avenue Chichester West Sussex
PO19 8EA - Proposed 2 bedroom detached house.
* EWB/14/01806/OUT
I (J Bell)
Land East of Barton Way Clappers Lane Earnley
West Sussex - The erection of 110 residential dwellings,
new vehicular access, open space, and other ancillary
works.
SI/14/04214/DOM
WR (M Tomlinson)
Bird Pond Cottage Selsey Road Sidlesham Chichester
West Sussex PO20 7NF- Erection of outbuilding comprising
double garage and workshop with games over.
SB/14/02843/OUT
WR (V Colwell)
Land East of Breach Avenue Southbourne Hampshire Development of up to 34 dwellings, access, retention of
orchard, public open space and other associated works on
land at Breach Avenue.
SB/14/03611/DOM
WR (M Tomlinson)
1 Kings Court Emsworth Hampshire PO10 8FD - Open
glassroom and open glazed canopy.
SDNP/14/05301/HOUS
WR (C Cranmer)
Petworth
4 Wellfield Cottages Tipper Lane South Harting Petersfield
West Sussex GU31 5QN - Loft conversion with rear dormer
and front porch amendment to refused application SDNP/14/
03063 rear dormer reduced in size.
2. DECISIONS RECEIVED
Reference/Decision
BO/14/02085/DOM
Pheasant Lodge Old Park Lane Bosham – proposed entrance
WR (S Locke)
porch.
ALLOWED
"...The appeal is allowed and planning permission is granted for an entrance porch at
Pheasant Lodge... The main issue is the effect of the proposed porch on the character
and appearance of Pheasant Lodge and the setting of Church Farm (now Field House)
which is listed grade II. Pheasant Lodge is a residential conversion of a former cart
shed...lightweight construction with fully glazed windows and doors... no significant
detrimental impact on the modest rural character of the building that is an important
element of its heritage significance and the contribution it makes to the setting of Field
House... adverse impact on the natural beauty of the Chichester Harbour Area of
Outstanding Natural Beauty or the rural setting of the listed farmhouse...conclude that
the proposed development would preserve the character and special interest of the cart
shed and preserve also the setting of Church Farm (now Field House)..."
PS/14/03297/OUT
WR (F Stevens)
ALLOWED
Bradstow Lodge The Drive Ifold Loxwood Billingshurst Demolition of existing dwelling and construction of 3 no
detached dwellings.
"...The appeal is allowed and planning permission is granted for the demolition of the
existing dwelling and construction of 3 No detached dwellings at Bradstow Lodge, The
Drive, Ifold, Loxwood, Billingshurst, West Sussex RH14 0TE... The main issues are the
effect of the proposed development on the character and appearance of the area and
whether it would be likely to adversely affect protected wildlife species...The proposal
would clearly increase the density of development on the plot but it would still be of an
acceptably low density comparable with recent housing schemes in the area and would
not result in an over development of the site. All the new houses would have good sized
private gardens, similar to those of the dwellings in the more recent backland
developments. The parking and access arrangements, whilst different from that on the
linear plots in the area, would be an appropriate design solution to this triangular shaped
corner plot. The proposed new houses would not be particularly prominent given their
modest height and the retained landscaping screen, despite the site's location on the
corner of the two roads. Their scale and density would be in keeping with recent
development in the area. I therefore conclude that the proposed development would not
harm the character and appearance of the area... The Council considered the
appellants' initial biodiversity survey to be deficiently lacking in detail, a view with which I
concur. However, they have submitted as part of this appeal a full preliminary ecological
appraisal or Phase 1 Habitat Survey1. This concludes that whilst there are likely to be
bats on-site a detailed mitigation strategy would be devised as part of a Phase 2
summer dusk emergence Survey. It also suggests ecological enhancements for the
benefit of wildlife... I consider this can be adequately tackled by a condition requiring
such a Phase 2 survey prior to development commencing and the putting in place of an
appropriate bat mitigation strategy should such a survey reveal roosting bats... I
therefore conclude that, subject to such a condition, the proposed development would
not be likely to adversely affect legally protected wildlife species..."
Reference/Decision
TG/14/03166/COUPJ
WR (S Harris)
DISMISSED
Lincoln House City Fields Way Tangmere Chichester Change of use of existing building 2 storey office building,
Class B1, (approx. 672 sqm) to Class 3, 8 no units comprising
4 no 1 bed units and 4 no 2 bed apartments
TG/14/03148/COUPJ
WR (S Harris)
DISMISSED
Exeter House 220 City Fields Business Park Tangmere Part 3, Class J: Change of use of existing building (approx
816 sqm) from Class B1 (offices) to Class C3 (dwelling
houses), 12 no apartments comprising 2 no 1 bed unit and 10
no 2 bed apartments (6 units on each floor).
TG/14/03149/COUPJ
WR (S Harris)
DISMISSED
Salisbury House Tangmere Chichester - Change of use of
existing building (approx 1055 sqm) Class B1 offices, to Class
C3, 11 no apartments comprising 1 no 1 bed unit and 10 no 2
bed apartments.
"…There separate applications were submitted in respect of adjacent buildings and this
has resulted in three appeals being lodged. The Council refused all the applications for
the same reason and evidence presented on appeal, by both parties, is the same in
each case. I have found no reason to reach a different conclusion in relation to any of
the schemes and so I have issued one comprehensive decision. The proposals seek to
make use of the permitted right conferred by Part 3, Class J of Schedule 2 to the GPDO.
Subject to the exceptions set out in paragraph J1., Class J provides that development
consisting of a change of use falling with Class C3 (dwelling houses) of the Schedule to
the Use Classes Order (UCO) from a use falling within Class B1(a) (offices) of that
Schedule is permitted development...the applications are refused on the basis that
Condition of the original grant of planning permission for the buildings effectively
removes permitted development rights rendering the prior approval regime nonapplicable. The Council makes this case in light of Article 3(4) of the GPDO, which
states that "nothing in this Order permits development contrary to any condition imposed
by any planning permission granted or deemed to be granted under Part III of the Act
otherwise than by this Order"... the main issue in all three cases is whether Condition 9
of the original grant of planning permission is effective in removing permitted
development rights under Part 3, Class J of Schedule 2 to the GPDO... In respect of the
issue of whether the condition acts to prevent the exercise of permitted development
rights, the Council has drawn my attention to an appeal decision concerning a proposed
change of use from offices to residential under Class J in Bosham, Chichester. In that
case, a condition of the original grant of planning permission read" the premises shall be
used only for the purposes within Use Class B1 as defined in the Town and Country
Planning (Use Classes) Order 1987", with the reason being "to comply with the area".
Referring to the Judgement in the case of the Royal London Mutual Insurance Society
Limited v SSCLG (2013) EWHC 3597, the Inspector concluded that the condition before
him did go far enough in restricting the use of the land so that a change of use to
residential would be contrary to Article 3(4) of the GPDO. In putting the contrary
argument that the wording of Condition 9 now at hand does not withdraw permitted
development rights, the appellant refers to an appeal decision in Oxford in which the
Inspector found that a restrictive condition acted simply to specify the use granted by the
original planning permission.... Clearly then, the appeal decisions upon which the parties
rely appear to conflict and in determining the relative weight to be given to them, I have
considered the London Mutual Judgement it in its entirety... In the case before her, Mrs
Justice Patterson found that the use of the phrase "shall be for" was prescriptive; and
that the word "only" precluded uses other than the bulky trades specified (paragraph
28)... she regards the use of the word "only" as emphatic, because when given its plain
and ordinary meaning, it means solely or exclusively...Therefore, following the Judge's
reasoning in respect of the condition now before me, I consider that the use of the words
"shall be used", followed by the word "only" in relation to Use Classes B1 and B8, clearly
impose an enduring restriction on the use of the appeal premises for any other
purpose... For the reasons given above, I conclude that Condition 9 of the original grant
of planning permission is effective in removing permitted development rights under Part
3, Class J of Schedule 2 to the GPDO. To grant approval in this case would therefore be
contrary to the terms of Article 3(4) of the GPDO and so the appeals should be
dismissed..."
3. OUTSTANDING APPEALS
Reference/Status
Proposal
BI/14/23356/PLD
WR (F Stevens)
In progress
Martins Lea Martins Lane Birdham Chichester, PO20 7AU Construction of driveway to Lock Lane, in connection with
additional hard surfacing.
BO/14/03124/OUT
WR (P Kneen)
In progress
Ruddles Sunnyway Bosham Chichester, PO18 8HQ Construction of chalet bungalow in part of garden.
*CC/14/02201/FUL
WR (P Kneen)
In progress
Garage Compound South of 39 to 45 Cleveland Road
Chichester West Sussex - Proposed residential
development to form 3 no 3 bedroom detached houses with
associated gardens and garages.
*CC/14/02308/FUL
WR (M Tomlinson)
In progress
36 Stirling Road Chichester West Sussex PO19 7DT Replacement of redundant old garage with a single dwelling
of chalet design.
CC/14/03359/PDE
WR (H Chowdhury)
Awaiting decision
18 Juxon Close Chichester West Sussex PO19 7AA - Single
storey rear extension (a) rear extension - 4.0m (b) maximum
height - 3.7m (c) height at eaves - 2.3m.
CC/14/03646/TPA
WR (H Whitby)
In progress
7 Donegall Avenue Chichester West Sussex PO19 6DE Fell 1 no Lime tree (tag T642) within Group, G1 subject to
CC/06/00025/TPO.
CH/13/03978/FUL
WR (S Harris)
In progress
Land on The East Side of Cot Lane Chidham - Residential
development comprising 25 no. dwellings, change of use of
land to form area of off-site public open space and
associated work.
CH/14/01342/FUL
I (N Langford)
Buildings B C and D Lion Park Broad Road Hambrook
Chidham Chichester West Sussex PO18 8RG Development of 25 no dwellings (4 no 1 bed and 21 no 2
bed) with associated parking and amenity space, in place of
commercial blocks B, C and D approved under 09/04314/
OUT and 11/01764/REM (resubmission of 13/00984/FUL).
CH/14/02138/OUT
I (V Colwell/J Bell)
In progress
Land East of Broad Road Hambrook West Sussex Residential development of 120 single and two storey
dwellings comprising 48 affordable homes and 72 market
price homes, garaging and parking together with retail unit,
sports pavilion, community facility, new vehicular and
pedestrian access to Broad Road, emergency and
pedestrian access to Scant Road West, sports facilities, 2
tennis courts, football pitch and 4 cricket nets, children’s play
area, public open space and natural green space on a site of
9.31 ha.
Reference/Status
Proposal
*SDNP/14/01085/FUL
WR (D Price)
Ebernoe
In progress
Wassell Barn Ebernoe Petworth GU28 9LD – Replacement
dwelling.
SDNP/14/03530/HOUS
WR (C Cranmer)
Furnhurst
In progress
Baldwins Ropes Lane Fernhurst Haslemere West Sussex
GU27 3JD – Erection of detached outbuilding.
* LX/13/03809/OUT
I (N Langford)
Public Inquiry to be held
8-11 Sept, CDC Com Rm
2 at 10 am
Land South of Loxwood Farm Place High Street Loxwood –
erection of 25 no residential dwellings comprising of 14no
private residential dwellings and 11 no affordable residential
dwellings, associated private amenity space and parking.
LX/14/01214/FUL
WR (M Tomlinson)
In progress
Brewhurst Mill House Brewhurst Lane Loxwood
Billingshurst West Sussex RH14 0RJ - Part conversion of
Brewhurst Mill to dwelling.
LX/14/01215/LBC
WR (M Tomlinson)
In progress
Brewhurst Mill House Brewhurst Lane Loxwood
Billingshurst West Sussex RH14 0RJ - Part conversion of
Brewhurst Mill to dwelling.
SDNP/14/04890/HOUS &
SDNP/14/04891/LIS
WR ( C Cranmer)
Lurgashall
In progress
Wheelwrights House Hill Grove Lurgashall Petworth GU28
9EW - Demolition of existing two storey addition and
conservatory; erection of two storey extension and
conservatory at rear.
SDNP/14/02271/HOUS
Midhurst
WR (M Mew)
In progress
The Old Cottage Bepton Midhurst GU29 0JB – Conservatory
Linked to SDNP/14/02272/LIS.
SDNP/14/02272/LIS
Midhurst
WR (M Mew)
In progress
The Old Cottage Bepton Midhurst GU29 0JB - Conservatory
Linked to SDNP/14/02271/HOUS.
SDNP/14/03765/FUL
WR (M Mew)
Milland
In progress
Fairleads Wheatsheaf Enclosure Liphook Hampshire
GU30 7EJ - Replacement dwelling substituting existing 4
bed house to create a 5 bed home.
SDNP/13/04972/FUL
Northchapel
H (J Saunders)
In progress
Hillgrove Stud Farm London Road Northchapel West
Sussex GU28 9EQ - Retention of agricultural workers
mobile home for temporary period of 3 years.
Reference/Status
Proposal
SDNP/14/00373/OPDEV
WR (R Hawks)
Petworth
In progress
Stillands Shillinglee Road Shillinglee Northchapel
Godalming West Sussex GU8 4SX - Creation of a bank.
PS/14/01968/OUT
WR (P Kneen)
In progress
Land West of The Lane Ifold Loxwood – residential
development comprising 4 dwellings with associated car
parking and landscaping. Formation of new access from
The Lane.
PS/14/02579/FUL
WR (M Tomlinson)
In progress
Kings Copse Loxwood Road Plaistow Billingshurst RH14
0PE - Construction of tennis court with 2.7 m high chain link
fence.
SDNP/14/04194/HOUS
Rogate
WR (M Mew)
In progress
Tollgate Cottage Durleigh Marsh Petersfield Hampshire
GU31 5AX - Single storey rear extension and various works.
Linked to SDNP/14/04195/LIS.
SDNP/14/04195/LIS
Rogate
WR (M Mew)
In progress
Tollgate Cottage Durleigh Marsh Petersfield Hampshire
GU31 5AX - Single storey rear extension and various works.
Linked to SDNP/14/04194/HOUS
SI/14/00012/CONMHC
WR (R Hawks)
In progress
Willowdene Fletchers Lane Sidlesham Chichester West
Sussex PO20 7QG – Mobile home.
*WE/14/00911/FUL
I ( J Bell)
In progress
Land on The North Side of Long Copse Lane Westbourne
West Sussex - Erection of 16 no dwellings, vehicular and
pedestrian access, car and cycle parking and landscaping
WH/14/03736/LBC
WR (S Locke)
In progress
6 Old Place Lane Westhampnett Chichester PO18 0NL Proposed 4 no Conservation rooflights along with minor
alterations.
WW/13/00232/CONCOM
WR (S Archer)
In progress
Bramber Plant Centre Chichester Road West Wittering –
Portacabins being used as office – appeal against
Enforcement Notice.
WW/14/03344/FUL
WR (P Kneen)
In progress
34 and 34A Marine Drive West Wittering Chichester
West Sussex PO20 8HQ - Demolition of existing residential
property (two flats) and erection of 2 no 4 bedroom
dwellings.
WR/14/01365/FUL
WR (M Tomlinson)
In progress
Winterfold Durbans Road Wisborough Green – replacement
dwellinghouse to copy existing building with original external
finishes (as amended by granted WR/13/01722).
Reference/Status
Proposal
WR/14/01765/FUL
WR (M Tomlinson)
In progress
Westholme
Farm
Newpound
Wisborough
Green
Billingshurst West Sussex RH14 0QJ - Removal of condition
no 7 of application 05/04886/FUL.
WR/14/02859/FUL
WR (M Tomlinson)
In progress
Roosters Store Durbans Road Wisborough Green
Billingshurst West Sussex RH14 0DG - Removal of
condition 4 of planning permission WR/99/00567/FUL.
4. VARIATIONS TO SECTION 106 AGREEMENTS
NONE
5. CALLED-IN APPLICATIONS
Reference
Proposal
Stage
NONE
6. COURT AND OTHER MATTERS
Injunctions
Site
Breach
Stage
Land at Premier
Site Birdham
Road
Stable and other
preparatory works in the
AONB without planning
permission.
Affidavit and application lodged for
initial consideration by court, hearing
date requested.
Site
Breach
Stage
Nell Ball Farm
Plaistow
Failure to comply with
planning enforcement
notice
Prosecution was prepared, but due to
the ill-health of the defendant the
matter was suspended. A planning
application has now been refused and
legal instructed to prosecute. Final
warning issued. Compliance not
achieved by 5 May 2015 as required.
Prosecution proceedings under way.
Prosecutions
Prosecutions
Site
Breach
11 Milland Lane
Liphook
Section 43 Listed Building Compliance works started. Court
Act breach
proceedings prepared, Court trial date
set to 5 June 2015 for trial but matter
withdrawn as compliance achieved to
satisfaction of client department.
Dean Ale and
Cider House
West Dean
12 Second
Avenue
Emsworth
Failure to comply with
planning
enforcement
notice
Failure to comply with
section 215 notice.
2 Whitehart
Cottages
Failure to comply
section 215 notice
Kellys Farm Bell
Lane Birdham
Land at
Brackenwood
Fernhurst
The Barnyard
Stage
Court proceedings prepared and
authorised, Court hearing 22 May
2015.
Court proceedings prepared and
authorised, court hearing 22 May 2015.
with Court proceedings prepared and
authorised, adjourned for committal
hearing on 8 July 2015.
Failure to comply with
Court proceedings prepared and
planning enforcement
authorised, Court hearing 22 May
notice
2015.
Failure to comply with
Court proceedings prepared and
planning enforcement
authorised.
Defence statement
notice
obtained from Defendant and new
planning
application
made.
Prosecution
initially
suspended
pending further consideration of case.
Prosecution withdrawn as planning
application submitted and accepted by
authority.
Display of unauthorised
Court proceedings prepared and
adverts.
authorised. Court date requested.
Hearing 22 May 2015.
High Court
Site
Matters Prohibited by the Stage
Order
Planning injunction:
NONE
Magistrates Court
Site
Breach
2 White Hart
Cottages
Appeal against section 215 First appeal hearing held. Application
notice by subject of that
statements lodged with Council 17
notice.
March 2015. Following exchange of
evidence case postponed until July as
undertaking given to comply.
7. POLICY MATTERS
NONE
Stage