Marlpost Meadows Bonfire Hill, Southwater, HORSHAM, RH13 9BU

Marlpost Meadows Bonfire Hill, Southwater, HORSHAM, RH13 9BU — Horsham District Council — Appeal Decision Site visit made on 24 April 2023 by Robert Parker BSc (Hons) Dip TP MRTPI an Inspector appointed by the Secretary of State Decision date: 21st August 2023 Appeal Ref: APP/Z3825/W/22/3303603 Marlpost Meadows, Bonfire Hill, Southwater, West Sussex RH13 9BU • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Mr and Mrs M Ellis against the decision of Horsham District Council. • The application Ref DC/22/0495, dated 8 March 2022, was refused by notice dated 3 May 2022. • The development proposed is construction of chalet style detached dwelling. Decision 1. The appeal is allowed and planning permission is granted for erection of a chalet style detached dwelling at Marlpost Meadows, Bonfire Hill, Southwater, West Sussex RH13 9BU in accordance with the terms of the application, Ref DC/22/0495, dated 8 March 2022, subject to the conditions set out in the attached schedule. Main Issues 2.

Marlpost Meadows Bonfire Hill, Southwater, HORSHAM, RH13 9BU — Horsham District Council — Appeal Decision The main issues are: a) whether the site represents a suitable location for housing, having regard to its accessibility to services and facilities; b) the effect of the proposal on the integrity of the Arun Valley Special Protection Area, Special Area of Conservation and Ramsar site, with particular regard to water neutrality; and c) whether any harm in respect of the above issues would significantly and demonstrably outweigh the benefits of the scheme. Reasons Suitability of location for housing 3. The appeal site comprises part of the garden to Marlpost Meadows. This property forms part of a small cluster of dwellings near the junction of Marlpost Road and Bonfire Hill, in rural surrounds to the west of Southwater. In policy terms, the site lies in the countryside, outside of any designated built-up area boundary. Policy 26 of the Horsham District Planning Framework (2015) (HDPF) seeks to protect the countryside against inappropriate development by ensuring that any proposals are essential to their countryside location. The appeal scheme is not being advanced as a rural worker dwelling and there is no other evidence to suggest that a new home is essential in this location.

Marlpost Meadows Bonfire Hill, Southwater, HORSHAM, RH13 9BU — Horsham District Council — Appeal Decision As such, there is a clear conflict with HDPF Policy 26. https://www.gov.uk/planning-inspectorate

Marlpost Meadows Bonfire Hill, Southwater, HORSHAM, RH13 9BU — Horsham District Council — Appeal Decision As such, there is a clear conflict with HDPF Policy 26. https://www.gov.uk/planning-inspectorate

Marlpost Meadows Bonfire Hill, Southwater, HORSHAM, RH13 9BU — Horsham District Council — Appeal Decision Appeal Decision APP/Z3825/W/22/3303603 4. Policy 4 of the HDPF has been cited on the decision notice. This policy supports settlement expansion outside of built-up area boundaries, provided that the site is allocated in the Local Plan or in a Neighbourhood Plan and adjoins an existing settlement edge. The appeal site does not meet either of these criteria and therefore the proposal cannot rely upon Policy 4 for support. 5. The appellant contends that the site is sustainably located due to its proximity to Southwater which is identified within Policy 3 of the HDPF as a Small Town/ Larger Village. Settlements at this tier on the hierarchy are acknowledged to have a good range of services and facilities, strong community networks and local employment provision, together with reasonable rail and/or bus services. The sustainability credentials of Southwater are confirmed by the fact that Policy 2 of the HDPF allocates a strategic site for 600 dwellings on its western edge. This development, which was partially built at the time of my visit, lies approximately 850m from the appeal site at its closest point. 6. The site lies roughly 1.5km from the village centre of Southwater.

Marlpost Meadows Bonfire Hill, Southwater, HORSHAM, RH13 9BU — Horsham District Council — Appeal Decision This area, centred around Lintot Square, contains a wide range of services and facilities which include shops, a public house, library and health centre. The trip takes less than 3 minutes by car and slightly longer by bicycle. Although it would be possible for residents of the proposed dwelling to make the journey on foot, the lack of pavements and street lighting along Bonfire Hill and Church Lane would function as a deterrent, notwithstanding the option to use the Downs Link and other public rights of way as an alternative. 7. There can be no doubting that the proposal would lead to some additional vehicle journeys. However, the harm in this regard would be tempered by the short distance to the village centre. There would be options to use more sustainable transport modes. The poor provision for pedestrians weighs against the proposal, but walking remains a realistic possibility in daylight and good weather. Overall, I consider that occupants of the proposed dwelling would have reasonably good access to services and facilities in a higher order settlement. Water neutrality (incorporating Appropriate Assessment) 8. The appeal site falls within the Sussex North Water Supply Zone.

Marlpost Meadows Bonfire Hill, Southwater, HORSHAM, RH13 9BU — Horsham District Council — Appeal Decision Natural England has raised concerns over the impact of groundwater abstraction on a number of designated sites which include the Amberley Wild Brooks Site of Special Scientific Interest (SSSI) and Pulborough Brooks SSSI. These form part of the Arun Valley Special Protection Area (SPA), Special Area of Conservation (SAC) and Ramsar site. These ‘European sites’ are legally protected for their wintering birds, wetland habitats, a rare snail species, invertebrates and several rare and uncommon aquatic and wetland plants. 9. Natural England is undertaking work to establish the condition of the SSSIs that make up the European sites. However, based on water levels, the present indication is that the sites’ condition is Unfavourable. Some areas have been shown to be linked hydrologically to a layer of rocks from which water is currently being abstracted, and in other locations the hydrological link cannot be ruled out. Consequently, it is impossible to eliminate the possibility that the existing public water supply abstraction within the Supply Zone is having an adverse effect on biodiversity. Any further development which requires an increase in water abstraction would be likely to have an adverse impact on the European sites.

Marlpost Meadows Bonfire Hill, Southwater, HORSHAM, RH13 9BU — Horsham District Council — Appeal Decision This includes modest developments such as that proposed, due to their in-combination effects with other plans and projects. https://www.gov.uk/planning-inspectorate 2

Marlpost Meadows Bonfire Hill, Southwater, HORSHAM, RH13 9BU — Horsham District Council — Appeal Decision This includes modest developments such as that proposed, due to their in-combination effects with other plans and projects. https://www.gov.uk/planning-inspectorate 2

Marlpost Meadows Bonfire Hill, Southwater, HORSHAM, RH13 9BU — Horsham District Council — Appeal Decision Appeal Decision APP/Z3825/W/22/3303603 10. Natural England is working in partnership with relevant authorities to develop a strategic long-term approach, but in the interim its advice is that schemes may only proceed where it can be demonstrated that they would be water neutral – in other words the proposed development should not result in a net increase in water consumption from the public supply. 11. The proposal would lead to an increase in water usage from the occupation of the new dwelling. The appellant has provided a Water Neutrality Report which sets out how ‘reduce and re-use’ measures would be incorporated to minimise water usage by future occupiers of the new dwelling. The remaining water demand would be offset by retrofitting the existing dwelling with the same features, including rainwater and greywater harvesting. 12. Natural England is content that, subject to agreement on drought storage capacity, the proposed water neutrality mitigation measures are sufficient to avoid an adverse impact to the integrity of the European Sites. The principles of mitigation are clear from the submitted report, but a detailed scheme would need to be secured by condition.

Marlpost Meadows Bonfire Hill, Southwater, HORSHAM, RH13 9BU — Horsham District Council — Appeal Decision This would be a pre-commencement condition to ensure that the existing dwelling is upgraded prior to any works commencing on the development. Subject to this, the scheme would meet the requirements of the Conservation of Habitats and Species Regulations 2017, Policy 31 of the HDPF and paragraph 180 of the National Planning Policy Framework (the Framework) to protect the biodiversity of European sites. Other Matters 13. There is no dispute that the scheme would be acceptable in terms of its impact on the character and appearance of the area. The site is well contained by mature hedging along the boundaries, and this would ensure that the new dwelling is not a prominent feature of the street scene. In all probability, only the roof would be visible, and this would be viewed as part of the small cluster of houses which characterises this location. Planning Balance 14. The Council concedes that it is unable to demonstrate a five-year supply of deliverable housing sites. The Annual Monitoring Report for 2021/22 indicates a supply of 4.0 years, which represents a significant shortfall.

Marlpost Meadows Bonfire Hill, Southwater, HORSHAM, RH13 9BU — Horsham District Council — Appeal Decision Paragraph 11 d) of the Framework states that in circumstances such as this, where the requisite housing land supply does not exist, the policies which are most important for determining the application should be deemed out-of-date. Permission should therefore be granted unless i. the application of policies in the Framework that protect areas or assets of particular importance provides a clear reason for refusing the development proposed; or ii. any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken as a whole. 15. The development would fall within the zone of influence of European sites, but the mitigation measures identified with the Water Neutrality Report would ensure that it does not harm the qualifying features of those sites. As such, the scheme falls to be considered against the second limb of Paragraph 11 d). 16. I have attached limited weight to the conflict with HDPF Policy 26 in respect of development outside of built-up area boundaries. The housing shortfall dictates that those boundaries are out of date. I consider that some weight can still be https://www.gov.uk/planning-inspectorate 3

Marlpost Meadows Bonfire Hill, Southwater, HORSHAM, RH13 9BU — Horsham District Council — Appeal Decision Appeal Decision APP/Z3825/W/22/3303603 given to the strategy set out within HDPF Policy 2, in terms of the general locations of new development, but the fact that a site may lie outside of the built-up area boundary does not, in and of itself, constitute a reason to refuse planning permission. 17. The proposal would increase the supply of housing in the District and help to address the identified shortfall in new homes. The benefits of a single dwelling are very modest, but cumulatively windfall sites have a significant influence on supply. The Framework explains that small and medium sized sites can make an important contribution to meeting the housing requirement of an area and are often built-out relatively quickly. The land forms part of the curtilage of an existing dwelling in the countryside and it would qualify as previously developed land under the definition set out in Annex 2 of the Framework. The site has reasonably good accessibility to services and facilities within Southwater, despite its location outside of the built-up area. 18. In the overall planning balance, I conclude that there are no adverse impacts that would significantly and demonstrably outweigh the benefits.

Marlpost Meadows Bonfire Hill, Southwater, HORSHAM, RH13 9BU — Horsham District Council — Appeal Decision The proposal would therefore constitute a sustainable form of development in terms of the Framework, and this would be a material consideration sufficient to outweigh the conflict with the development plan arising from the location of the development outside of settlement boundaries. Conditions 19. In addition to the standard commencement condition, I have attached a condition specifying the approved plans in the interests of certainty. To prevent harm to the integrity of European sites, a pre-commencement condition is necessary to secure details of the measures for reducing water demand, and to ensure that these measures are implemented and retained in perpetuity. 20. Policies 37 and 40 of the HDPF seek, amongst other things, to cut carbon emissions through the use of sustainable forms of transport and the provision of high-speed broadband access. Conditions are therefore necessary to secure an electric vehicle charging point and high-speed broadband infrastructure prior to first occupation of the new dwelling. 21.

Marlpost Meadows Bonfire Hill, Southwater, HORSHAM, RH13 9BU — Horsham District Council — Appeal Decision The Council has requested a condition to remove permitted development rights for the enlargement, improvement or alteration of the dwelling, additions to the roof and the provision of buildings etc incidental to the enjoyment of a dwellinghouse. However, advice with the Planning Practice Guidance states that conditions of this nature may not pass the test of reasonableness or necessity. In my view, the suggested condition cannot be justified. Conclusion 22. For the reasons given above I conclude that the appeal should be allowed.

Marlpost Meadows Bonfire Hill, Southwater, HORSHAM, RH13 9BU — Horsham District Council — Robert Parker INSPECTOR https://www.gov.uk/planning-inspectorate 4

Marlpost Meadows Bonfire Hill, Southwater, HORSHAM, RH13 9BU — Horsham District Council — Robert Parker INSPECTOR https://www.gov.uk/planning-inspectorate 4 Appeal Decision APP/Z3825/W/22/3303603 SCHEDULE OF CONDITIONS 1) The development hereby permitted shall begin not later than 3 years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with the following approved plans: Location Plan, Drawing No. 6901 Rev A and Drawing No. 6905 Rev B. 3) No development shall commence on site until a detailed scheme for minimising water demand by occupants of the proposed dwelling and the existing dwelling known as Marlpost Meadows has been submitted to and approved in writing by the local planning authority. The scheme shall accord with the principles set out in the Water Neutrality Report (CGS Civils) dated 9 March 2022. No development shall commence on site until the measures for Marlpost Meadows have been completed in accordance with the approved details and a completion report which evidences the works undertaken (with photographs) submitted to the local planning authority.

Marlpost Meadows Bonfire Hill, Southwater, HORSHAM, RH13 9BU — Horsham District Council — Robert Parker The dwelling hereby approved shall not be occupied until the measures for that property have been completed in accordance with the approved details and a completion report which evidences the works undertaken (with photographs) submitted to the local planning authority. All measures shall be retained and maintained in full working order whilst each of the dwellings is occupied. 4) The dwelling hereby permitted shall not be occupied until provision has been made within the site for an electric vehicle charging point, in accordance with details that have been first submitted to and approved in writing by the local planning authority. The charging point shall be retained in working condition thereafter for the life of the development. 5) The dwelling hereby permitted shall not be occupied until the necessary in- building physical infrastructure and external site-wide infrastructure to enable superfast broadband speeds of 30 megabytes per second through full fibre broadband connection have been installed. The infrastructure shall be retained in working condition thereafter for the life of the development. *** END OF CONDITIONS *** https://www.gov.uk/planning-inspectorate 5