Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU
Horsham District Council — appeal allowed
- Outcome
- Allowed
- Decision date
- 8 August 2025
- Authority
- Horsham District Council
- Inspector
- De Freitas Terceiro P
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Minor Dwellings
- Appellant
- Mr & Mrs Wayne Bayley - Delcraven Ltd
- LPA reference
- DC/24/0481
- ONS LPA code
- E07000227
- Jurisdiction
- Transferred
- Link status
- Child
- Start date
- 19 February 2025
Summary AI
The appeals for the erection of dwellings, carports with stores and greenhouses at Bayley Paddock, Partridge Green, West Sussex, were allowed. The proposed developments would not harm the landscape character of the area and would not adversely affect the integrity of protected Habitats sites, subject to the implementation of certain conditions.
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Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — Appeal Decisions Site visit made on 21 July 2025 by P Terceiro BSc MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 8 August 2025 Appeal A Ref: APP/Z3825/W/25/3359667 Bayley Paddock, Mill Lane, Partridge Green, West Sussex RH13 8JU • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by Mr & Mrs Wayne Bayley against the decision of Horsham District Council. • The application Ref is DC/24/0480. • The development proposed is the erection of a dwelling, carport with store and greenhouse. Appeal B Ref: APP/Z3825/W/25/3359671 Bayley Paddock, Mill Lane, Partridge Green, West Sussex RH13 8JU • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by Mr & Mrs Wayne Bayley against the decision of Horsham District Council. • The application Ref is DC/24/0481. • The development proposed is the erection of dwelling, carport with store and greenhouse. Decision Appeal A 1.
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — Appeal Decisions Appeal A is allowed and planning permission is granted for the erection of a dwelling, carport with store and greenhouse at Bayley Paddock, Partridge Green, West Sussex RH13 8JU in accordance with the terms of the application, Ref DC/24/0480, and the plans submitted with it, subject to the conditions in the attached Schedule 1. Appeal B 2. Appeal B is allowed and planning permission is granted for the erection of a dwelling, carport with store and greenhouse at Bayley Paddock, Partridge Green, West Sussex RH13 8JU in accordance with the terms of the application, Ref DC/24/0481, and the plans submitted with it, subject to the conditions in the attached Schedule 2. Preliminary Matters 3. There are two appeals relating to this site as set out above. Although I have considered each on its individual merits, to avoid duplication, I have dealt with the two schemes together except where otherwise indicated. 4. My attention is drawn to previous appeal decisions1 pertaining residential development within the site.
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — Appeal Decisions While I have been provided with copies of those appeal decisions, I do not have the full details of each case, including copies of the 1 Appeal Decisions APP/Z3825/X/21/3274597 and APP/Z3825/W/22/3294395 https://www.gov.uk/planning-inspectorate
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — Appeal Decisions While I have been provided with copies of those appeal decisions, I do not have the full details of each case, including copies of the 1 Appeal Decisions APP/Z3825/X/21/3274597 and APP/Z3825/W/22/3294395 https://www.gov.uk/planning-inspectorate
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — Appeal Decisions Appeal Decisions APP/Z3825/W/25/3359667, APP/Z3825/W/25/3359671 plans. As such, I have had regard to those decisions only insofar as they are relevant to my assessment of the main issue in these cases, but I have determined the appeal based on the evidence and the details of the proposal before me. Main Issues 5. The main issues are the effect of the proposed development on: • the character and appearance of the area (Appeals A and B); and • the integrity of protected Habitats sites (Appeals A and B). Reasons Character and appearance (Appeals A and B) 6. The appeal site lies within the countryside and comprises a largely undeveloped collection of parcels of land arranged on a sprawling layout. The spacious site forms a back-land site and is located to the rear of the detached dwellings that front Mill Lane and Littleworth Lane. Vehicular access is provided via a long driveway off Mill Lane, which also serves other neighbouring properties. 7. The prevailing character of the area comprises detached dwellings of different scales and designs which sit on plots of varying sizes.
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — Appeal Decisions Back-land development is established in the vicinity, and the site is surrounded by residential plots, bordered by a mix of planting and close-boarded fencing. Its position amongst other large houses, intersected by domestic access drives, provides more of a semi-rural residential backdrop, rather than a natural, undeveloped countryside setting. 8. The proposal under Appeal A seeks to construct a new detached dwelling with detached car port and greenhouse within the central parcel of land (unit 2), whereas the scheme under Appeal B comprises a detached dwelling with detached car port and greenhouse within the southernmost parcel of land (unit 3). 9. Given the several houses that have been built in back-land locations close to the appeal site, the introduction of residential plots in this location would not appear at odds with the surrounding pattern of development. The site is nestled in amongst the existing dwellings and, as such, the new dwellings would be experienced in the context of the existing built form and would not appear out of place in this semi- rural location. 10. The proposed dwellings would be glimpsed from the public footpath to the south of High Downs and Far-Lea.
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — Appeal Decisions However, the proposed cross section drawing shows that the dwellings would not be dissimilar to neighbouring properties in terms of form, scale and height. Therefore, High Downs and Far-Lea, which are substantial properties, would remain dominant on views from the public footpath. 11. While the proposal would provide additional development within the site, the dwellings would have appropriate gaps to their boundaries and therefore the proposal would preserve the spaciousness of the site. The submission of a landscape plan could be secured by condition, and this would assist in providing a verdant backdrop to the proposal when viewed from the public footpath. As such, the proposal would not harm the landscape character of the area. 12. Given the above, the proposed developments under Appeal A and Appeal B would not have a harmful effect on the character and appearance of the area, in https://www.gov.uk/planning-inspectorate 2
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — Appeal Decisions Appeal Decisions APP/Z3825/W/25/3359667, APP/Z3825/W/25/3359671 accordance with Policies 25, 32 and 33 of the Horsham District Planning Framework 2015 (DPF). Among other things, these policies seek to protect the landscape character of the District, including development pattern, and support development that relates sympathetically with the built surroundings and respects the character of the surrounding area. Habitats sites (Appeals A and B) 13. Regulation 63 of the Conservation of Habitats and Species Regulations 2017 (as amended) (the Regulations) require that permission may only be granted for a development where the competent authority has ascertained that it will not adversely affect the integrity of the European Designated Habitats, applying the precautionary principle. 14. The appeal site lies within the Sussex North Water Supply Zone, and the Council has identified that the developments have the potential to affect the integrity of the Arun Valley Special Area of Conservation (SAC), Special Protection Area (SPA), and Ramsar sites. 15.
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — Appeal Decisions The conservation objective for the SPA is to ensure that the integrity of the site is maintained or restored as appropriate and ensure that the site contributes to achieving the aims of the Wild Birds Directive. The qualifying features of the SPA are its population of Bewick’s swan and waterbird assemblage. 16. The conservation objective for the SAC is to ensure that the integrity of the site is maintained or restored as appropriate and ensure that the site contributes to achieving the favourable conservation status of its qualifying features, namely, the little whorlpool ram's-horn snail. 17. The proposals would result in a net increase of two dwellings. Therefore, there would be a likely increase in water abstraction associated with the residents of the dwellings. As a result, when considered either alone or in combination with other plans and projects, this development would have a likely significant effect on the Arun Valley SAC, SPA and Ramsar sites by reason of water abstraction, in the absence of mitigation measures. 18.
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — Appeal Decisions Both appeals are supported by a Water Neutrality Statement (WNS), which explains that the proposed developments would utilise rainwater harvesting that would cater for their water demand, including potable water. The buildings would be provided with gutters, intermediary above ground water butts at strategic locations for initial ‘settling out’ of any water debris, with ‘overflow’ capacity laid to run through maintainable filters to an underground storage chamber of sufficient capacity to cater for a minimum of 35 days drought storage. The WNS provided an estimate of the amount of rainwater that would be collected each year on each proposed property, and in both cases the WNS concludes that it would be sufficient to meet the needs of the dwelling. 19. The details provided explain how the rainwater harvesting system on each proposal would be maintained to meet the appropriate potable water standards, which would include regular testing, maintenance and the installation of appropriate filters. 20. Natural England were consulted on the proposals during the application and raised no objection subject to the delivery, management and maintenance of measures https://www.gov.uk/planning-inspectorate 3
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — Appeal Decisions Appeal Decisions APP/Z3825/W/25/3359667, APP/Z3825/W/25/3359671 identified in the WNS to achieve water neutrality. The proposal has not materially changed since the Council’s determination. Therefore, the advice remains relevant and I have taken it into account. 21. Subject to securing the strategy for water neutrality through a planning condition, the proposal would not increase water abstraction. Therefore, any adverse effects upon the integrity of the Arun Valley SPA/SAC would be adequately mitigated. 22. Therefore, taking account of the mitigation measures, the schemes would not adversely affect the integrity of protected Habitats sites. Consequently, the proposal would accord with DPF Policy 31, which requires any development with the potential to impact the European sites to be in accordance with the necessary mitigation measures. Other matters 23. The evidence suggests that the site is located outside the settlement boundary of Littleworth and lies within a countryside location. However, the Council is satisfied that the proposal would meet the spatial strategy and, on the evidence before me, I see no reason to take a different view. 24.
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — Appeal Decisions Given the separation distance from the nearest properties, together with the window position, the proposed developments would protect the privacy of the adjoining residents. The traffic movements associated with two dwellings would likely be modest and there is limited evidence before me to suggest that the proposal would be harmful to highway safety. Conditions 25. I have considered the conditions suggested by the Council having regard to the tests in the National Planning Policy Framework (the Framework) and the advice in the Planning Practice Guidance. Where necessary I have made changes to the wording or ordering of conditions in the interests of clarity and effectiveness. The conditions in Appeal A and in Appeal B are broadly similar and therefore the reasons provided below relate to both cases. 26. In addition to the standard time limit condition, in the interests of certainty it is appropriate that there is a condition requiring that the development is carried out in accordance with the approved plans. 27. Although the proposals are not EIA development, in the interests of safeguarding the ecology and biodiversity of the area, conditions are required to ensure that hazel dormice and reptiles are protected.
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — Appeal Decisions Whilst not the subject of mandatory biodiversity net gain, on account of the timing of the planning application, local policy requires development to contribute to the enhancement of existing biodiversity. Therefore, it is reasonable to impose a condition regarding a biodiversity enhancement strategy. These are pre-commencement conditions to ensure adequate that the adequate protection of protected species and enhancements are agreed before the start of works. Additionally, a condition is necessary to ensure that the development is implemented in accordance with the approved ecology report and bat survey. 28. To protect important trees and hedgerows on the site, conditions are necessary to ensure that appropriate protection measures are in place before development commences and to ensure that any damaged trees during construction are https://www.gov.uk/planning-inspectorate 4
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — Appeal Decisions Appeal Decisions APP/Z3825/W/25/3359667, APP/Z3825/W/25/3359671 replaced. The evidence to suggest that contaminated land is present on site is limited, however as the site is for a sensitive end use, a condition is required in relation to unexpected contamination in the interest of safety. 29. A condition requiring the submission of construction details is appropriate in the interests of highway safety and amenity of nearby occupiers. It is a pre- commencement condition because the construction details need to be agreed before the start of work on site. A pre-commencement condition relating to a drainage strategy is necessary to ensure that the site is suitably drained, since this is a local policy requirement. 30. To ensure that the development is water neutral to avoid an adverse impact on the Arun Valley SAC, SPA and Ramsar sites, conditions related to the implementation of details of the water efficiency measures and rainwater harvesting system, and submission of a management and maintenance plan for the rainwater harvesting system are necessary.
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — Appeal Decisions Conditions requiring the submission of details pertaining to the quality of the collected water, and the submission of evidence to demonstrate that the approved water neutrality strategy for the dwellings has been implemented in full are necessary. Although these may duplicate responsibilities under other legislation, this other legislation relates to the benefits of the residents. As such, in the interests of protecting the Arun Valley SAC, SPA and Ramsar sites, I find that these conditions are both reasonable and necessary. 31. To ensure a satisfactory appearance and to minimise the visual impact of the scheme, conditions are required regarding approval of materials to be used in external surfaces of the houses and of a landscape scheme. 32. In the interests of highway safety, a condition is necessary to ensure that the development would be served by appropriate parking. To promote sustainable travel, a condition is necessary to ensure that cycling facilities are provided. To mitigate the impact of the development on air quality, a condition is necessary to secure the installation of an electric vehicle charging point. 33.
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — Appeal Decisions To protect the living conditions of future residents, conditions securing the installation of superfast broadband and the provision of refuse and recycling facilities are necessary. 34. I have not imposed the conditions suggested by the Council in relation to the Council's Organisational Licence and District Licence. Such conditions are not based in local policy and would not meet the tests within the Framework because they require compliance with matters related to other legislation. Conclusion 35. For the reasons given above the appeals should be allowed.
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — P Terceiro INSPECTOR https://www.gov.uk/planning-inspectorate 5
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — P Terceiro INSPECTOR https://www.gov.uk/planning-inspectorate 5 Appeal Decisions APP/Z3825/W/25/3359667, APP/Z3825/W/25/3359671 Schedule 1 – List of conditions for Appeal A 1) The development hereby permitted shall begin not later than three years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with the following approved plans: 0939/83/01; 0939.83&84/Storage tanks; 0939.83/02; 0939.83/03; 0939.83/04; 0939.83/08; 0939.83/05; 0939.83/07; 0939.83/08; and 0939.83/09. 3) No development shall commence until a Non-Licensed Precautionary Method Statement for Hazel Dormouse has been submitted to and approved in writing by the local planning authority. This shall include, but not be limited to, a presence/absence survey and assessment, mitigation measures, and enhancement measures where necessary. The approved details shall be implemented before first occupation of the development hereby permitted and shall be maintained thereafter. 4) No development shall commence until a Presence/Absence Survey and Assessment for Reptiles has been submitted to and approved in writing by the local planning authority.
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — P Terceiro This shall include, but not limited to, a presence/absence survey and assessment, mitigation measures, and enhancement measures where necessary. The approved details shall be implemented before first occupation of the development hereby permitted and shall be maintained thereafter. 5) Any contamination that is found during the course of construction of the development hereby permitted that was not previously identified shall be reported immediately to the local planning authority. Development on the part of the site affected shall be suspended until a risk assessment has been carried out and submitted to and approved in writing by the local planning authority. Where unacceptable risks are found, the development shall not resume or continue until remediation and verification schemes have been carried out in accordance with details that shall first have been submitted to and approved in writing by the local planning authority. 6) No development shall commence until construction details, including the following measures, have been submitted to and approved in writing by the local planning authority. i. Details of site management contact details and responsibilities; ii.
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — P Terceiro A plan detailing the site logistics arrangements on a phase-by-phase basis (as applicable), including: a. location of site compound, b. location for the loading, unloading and storage of plant and materials (including any stripped topsoil), c. site offices (including location, height, size and appearance), d. location of site access points for construction vehicles, e. location of on-site parking, https://www.gov.uk/planning-inspectorate 6
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — P Terceiro A plan detailing the site logistics arrangements on a phase-by-phase basis (as applicable), including: a. location of site compound, b. location for the loading, unloading and storage of plant and materials (including any stripped topsoil), c. site offices (including location, height, size and appearance), d. location of site access points for construction vehicles, e. location of on-site parking, https://www.gov.uk/planning-inspectorate 6
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — P Terceiro Appeal Decisions APP/Z3825/W/25/3359667, APP/Z3825/W/25/3359671 f. locations and details for the provision of wheel washing facilities and dust suppression facilities, iii. The arrangements for public consultation and liaison prior to and during the demolition and construction works – newsletters, fliers etc, to include site management contact details for residents; iv. Details of any floodlighting, including location, height, type and direction of light sources, hours of operation and intensity of illumination. The development shall thereafter be carried out in accordance with the approved details and measures. 7) All the trees shown on the approved drawing number 0934.84/06, as well as those off-site whose root protection areas ingress into the site, shall be fully protected throughout all construction works by tree protective fencing affixed to the ground in full accordance with section 6 of BS 5837 'Trees in Relation to Design, Demolition and Construction - Recommendations' (2012).
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — P Terceiro The fencing shall be erected before any equipment, machinery or materials are brought onto the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed within any fenced area, and the ground levels within those areas shall not be altered, nor shall any excavation be made. No mixing of cement, or use of other contaminated materials or substances shall take place within any tree protective zone, or close enough to such a zone that seepage or displacement of those materials and substances could cause them to enter a zone. 8) Any trees or hedges on the site which die or become damaged during the construction process shall be replaced in the next planting season with trees or hedging plants of a type, size and in positions agreed by the local planning authority. 9) No development shall commence until a drainage strategy detailing the proposed means of foul and surface water disposal has been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved scheme.
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — P Terceiro 10) No development shall commence until a Biodiversity Enhancement Strategy for Protected and Priority species has been submitted to and approved in writing by the local planning authority. The content of the Biodiversity Enhancement Strategy shall include the following: a) purpose and conservation objectives for the proposed enhancement measures; b) detailed designs to achieve stated objectives; c) locations of proposed enhancement measures by appropriate maps and plans; d) persons responsible for implementing the enhancement measures; e) details of initial aftercare and long-term maintenance (where relevant). https://www.gov.uk/planning-inspectorate 7
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — P Terceiro 10) No development shall commence until a Biodiversity Enhancement Strategy for Protected and Priority species has been submitted to and approved in writing by the local planning authority. The content of the Biodiversity Enhancement Strategy shall include the following: a) purpose and conservation objectives for the proposed enhancement measures; b) detailed designs to achieve stated objectives; c) locations of proposed enhancement measures by appropriate maps and plans; d) persons responsible for implementing the enhancement measures; e) details of initial aftercare and long-term maintenance (where relevant). https://www.gov.uk/planning-inspectorate 7
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — P Terceiro Appeal Decisions APP/Z3825/W/25/3359667, APP/Z3825/W/25/3359671 The approved details shall be implemented prior to first occupation of the development hereby approved and shall be retained thereafter. 11) No development above ground level shall take place until a schedule of materials, finishes and colours to be used for external walls, windows and roofs of the approved buildings has been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details. 12) No development above ground level shall take place until a management and maintenance plan for the rainwater harvesting system has been submitted to and approved in writing by the local planning authority. The management and maintenance plan shall include the following details: - The sampling regime and parameters etc, recognising that the sampling will need to be undertaken by a DWI certified sampler and analysed by a UKAS accredited lab. - Detail on how any failure of any samples will be investigated and managed. - Details, including a plan or schematic, showing the supply – storage tanks, treatment etc, and means to record the total water consumption of each unit.
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — P Terceiro - Detail on what type of treatment that will be installed on the supply with information clearly indicating that it is appropriate for the amount of water being used. - Detail on how the treatment system, pipework, tanks etc will be cleaned and maintained and who will maintain them for the lifetime of the development. This should include any re-activation of the system after it has been out of use due to lack of rainfall/use. - The completion and sharing of the Regulation 6 risk assessment by a suitably competent person (as required by the Private Water Supply (England) Regulations 2016) prior to the water supply being put into use. - Detail on the continuity of supply during dry periods extending beyond 35 days. - Arrangements for keeping written records of all sampling, results of analysis, inspection, cleaning, and maintenance. - Details of contingency plans to ensure any failures or reported concerns with the supply are investigated and rectified as soon as possible, including timeframes. This should include notification of the investigation and corrective actions to the local authority. The management and maintenance plan shall be operated fully in accordance with the approved details at all times.
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — P Terceiro 13) The development hereby permitted shall not be occupied until the water efficiency measures and rainwater harvesting system (including the location and size of the storage tank) required by the approved water neutrality strategy https://www.gov.uk/planning-inspectorate 8
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — P Terceiro 13) The development hereby permitted shall not be occupied until the water efficiency measures and rainwater harvesting system (including the location and size of the storage tank) required by the approved water neutrality strategy https://www.gov.uk/planning-inspectorate 8
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — P Terceiro Appeal Decisions APP/Z3825/W/25/3359667, APP/Z3825/W/25/3359671 (Water Neutrality Statement received 27.03.2024) have been implemented. The scheme shall thereafter be retained as such. 14) The development hereby permitted shall not be occupied until evidence has been submitted to and approved in writing by the local planning authority that water taken from the tap has been sampled by a person who has undertaken the DWI certification of persons scheme for sampling private water supplies, analysed by a laboratory that is accredited to the ISO 17025 Drinking Water Testing Specification. 15) The development hereby permitted shall not be occupied until evidence has been submitted to and approved in writing by the local planning authority that the approved water neutrality strategy for that dwelling has been implemented in full. The evidence shall include the specification of fittings and appliances used, evidence of their installation, details of the rainwater harvesting system installed including a minimum 35 days storage capacity, and completion of the as built Part G water calculator or equivalent. The installed measures shall be retained as such thereafter.
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — P Terceiro 16) The development hereby permitted shall not be occupied until full details of all hard and soft landscaping works have been submitted to and approved in writing by the local planning authority. The details shall include plans and measures addressing the following: - Details of all existing trees and planting to be retained - Details of all proposed trees and planting, including schedules specifying species, planting size, densities and plant numbers and tree pit details - Details of all hard surfacing materials and finishes - Details of all boundary treatments The approved landscaping scheme shall be fully implemented in accordance with the approved details within the first planting season following the first occupation of any part of the development. No trees or hedges on the site shall be wilfully damaged or uprooted, felled/removed, topped or lopped without the previous written consent of the local planning authority until 5 years after completion of the development.
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — P Terceiro Any proposed or retained planting, which within a period of 5 years, dies, is removed, or becomes seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the local planning authority gives written consent to any variation. 17) The development hereby permitted shall not be occupied until the parking, turning and access facilities necessary to serve that development have been implemented in accordance with the approved details as shown on plan reference 0939.83/02 and shall thereafter be retained as such. 18) The development hereby permitted shall not be occupied until the cycle parking facilities serving it have been provided within the store and car port or the side or rear garden for that dwelling. The facilities shall thereafter be retained for their designated use. https://www.gov.uk/planning-inspectorate 9
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — P Terceiro Appeal Decisions APP/Z3825/W/25/3359667, APP/Z3825/W/25/3359671 19) The development hereby permitted shall not be occupied until provision for the storage of refuse and recycling has been provided within the store and car port or side or rear garden for that dwelling. The facilities shall thereafter be retained for their designated use. 20) The development hereby permitted shall not be occupied until a fast charge electric vehicle charging point for that dwelling has been installed. As a minimum, the charge point specification shall be 7kW mode 3 with type 2 connector. The means for charging electric vehicles shall thereafter be retained as such. 21) The development hereby permitted shall not be occupied until the necessary in- building physical infrastructure and external site-wide infrastructure to enable superfast broadband speeds of a minimum 30 megabits per second through full fibre broadband connection has been provided to the premises. The infrastructure shall thereafter be retained as such.
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — P Terceiro 22) The development hereby permitted shall be undertaken in strict accordance with the ecological mitigation and enhancement measures set out in the Preliminary Ecological Appraisal by Environmental Assessment Services Ltd dated March 2024 and Phase 1 Bat Survey by Batscan Ltd dated 21 March 2024. https://www.gov.uk/planning-inspectorate 10
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — P Terceiro 22) The development hereby permitted shall be undertaken in strict accordance with the ecological mitigation and enhancement measures set out in the Preliminary Ecological Appraisal by Environmental Assessment Services Ltd dated March 2024 and Phase 1 Bat Survey by Batscan Ltd dated 21 March 2024. https://www.gov.uk/planning-inspectorate 10
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — P Terceiro Appeal Decisions APP/Z3825/W/25/3359667, APP/Z3825/W/25/3359671 Schedule 2 – List of conditions for Appeal B 1) The development hereby permitted shall begin not later than three years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with the following approved plans: 0939.84/01; 0939.83 & 84/Storage tanks; 0939.84/02; 0939.84/03; 0939.84/04; 0939.84/05; 0939.84/06; and 0939.84/07. 3) No development shall commence until a Non-Licensed Precautionary Method Statement for Hazel Dormouse has been submitted to and approved in writing by the local planning authority. This shall include, but not be limited to, a presence/absence survey and assessment, mitigation measures, and enhancement measures where necessary. The approved details shall be implemented before first occupation of the development hereby permitted and shall be maintained thereafter. 4) No development shall commence until a Presence/Absence Survey and Assessment for Reptiles has been submitted to and approved in writing by the local planning authority. This shall include, but not limited to, a presence/absence survey and assessment, mitigation measures, and enhancement measures where necessary.
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — P Terceiro The approved details shall be implemented before first occupation of the development hereby permitted and shall be maintained thereafter. 5) Any contamination that is found during the course of construction of the development hereby permitted that was not previously identified shall be reported immediately to the local planning authority. Development on the part of the site affected shall be suspended until a risk assessment has been carried out and submitted to and approved in writing by the local planning authority. Where unacceptable risks are found, the development shall not resume or continue until remediation and verification schemes have been carried out in accordance with details that shall first have been submitted to and approved in writing by the local planning authority. 6) No development shall commence until construction details, including the following measures, have been submitted to and approved in writing by the local planning authority. i. Details of site management contact details and responsibilities; ii. A plan detailing the site logistics arrangements on a phase-by-phase basis (as applicable), including: a. location of site compound, b.
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — P Terceiro location for the loading, unloading and storage of plant and materials (including any stripped topsoil), c. site offices (including location, height, size and appearance), d. location of site access points for construction vehicles, e. location of on-site parking, https://www.gov.uk/planning-inspectorate 11
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — P Terceiro location for the loading, unloading and storage of plant and materials (including any stripped topsoil), c. site offices (including location, height, size and appearance), d. location of site access points for construction vehicles, e. location of on-site parking, https://www.gov.uk/planning-inspectorate 11
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — P Terceiro Appeal Decisions APP/Z3825/W/25/3359667, APP/Z3825/W/25/3359671 f. locations and details for the provision of wheel washing facilities and dust suppression facilities, iii. The arrangements for public consultation and liaison prior to and during the demolition and construction works – newsletters, fliers etc, to include site management contact details for residents; iv. Details of any floodlighting, including location, height, type and direction of light sources, hours of operation and intensity of illumination. The development shall thereafter be carried out in accordance with the approved details and measures. 7) All the trees shown on the approved drawing number 0939.83/02, as well as those off-site whose root protection areas ingress into the site, shall be fully protected throughout all construction works by tree protective fencing affixed to the ground in full accordance with section 6 of BS 5837 'Trees in Relation to Design, Demolition and Construction - Recommendations' (2012).
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — P Terceiro The fencing shall be erected before any equipment, machinery or materials are brought onto the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed within any fenced area, and the ground levels within those areas shall not be altered, nor shall any excavation be made. No mixing of cement, or use of other contaminated materials or substances shall take place within any tree protective zone, or close enough to such a zone that seepage or displacement of those materials and substances could cause them to enter a zone. 8) Any trees or hedges on the site which die or become damaged during the construction process shall be replaced in the next planting season with trees or hedging plants of a type, size and in positions agreed by the local planning authority. 9) No development shall commence until a drainage strategy detailing the proposed means of foul and surface water disposal has been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved scheme.
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — P Terceiro 10) No development shall commence until a Biodiversity Enhancement Strategy for Protected and Priority species has been submitted to and approved in writing by the local planning authority. The content of the Biodiversity Enhancement Strategy shall include the following: a) purpose and conservation objectives for the proposed enhancement measures; b) detailed designs to achieve stated objectives; c) locations of proposed enhancement measures by appropriate maps and plans; d) persons responsible for implementing the enhancement measures; e) details of initial aftercare and long-term maintenance (where relevant). https://www.gov.uk/planning-inspectorate 12
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — P Terceiro 10) No development shall commence until a Biodiversity Enhancement Strategy for Protected and Priority species has been submitted to and approved in writing by the local planning authority. The content of the Biodiversity Enhancement Strategy shall include the following: a) purpose and conservation objectives for the proposed enhancement measures; b) detailed designs to achieve stated objectives; c) locations of proposed enhancement measures by appropriate maps and plans; d) persons responsible for implementing the enhancement measures; e) details of initial aftercare and long-term maintenance (where relevant). https://www.gov.uk/planning-inspectorate 12
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — P Terceiro Appeal Decisions APP/Z3825/W/25/3359667, APP/Z3825/W/25/3359671 The approved details shall be implemented prior to first occupation of the development hereby approved and shall be retained thereafter. 11) No development above ground level shall take place until a schedule of materials, finishes and colours to be used for external walls, windows and roofs of the approved buildings has been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details. 12) No development above ground level shall take place until a management and maintenance plan for the rainwater harvesting system has been submitted to and approved in writing by the local planning authority. The management and maintenance plan shall include the following details: - The sampling regime and parameters etc, recognising that the sampling will need to be undertaken by a DWI certified sampler and analysed by a UKAS accredited lab. - Detail on how any failure of any samples will be investigated and managed. - Details, including a plan or schematic, showing the supply – storage tanks, treatment etc, and means to record the total water consumption of each unit.
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — P Terceiro - Detail on what type of treatment that will be installed on the supply with information clearly indicating that it is appropriate for the amount of water being used. - Detail on how the treatment system, pipework, tanks etc will be cleaned and maintained and who will maintain them for the lifetime of the development. This should include any re-activation of the system after it has been out of use due to lack of rainfall/use. - The completion and sharing of the Regulation 6 risk assessment by a suitably competent person (as required by the Private Water Supply (England) Regulations 2016) prior to the water supply being put into use. - Detail on the continuity of supply during dry periods extending beyond 35 days. - Arrangements for keeping written records of all sampling, results of analysis, inspection, cleaning, and maintenance. - Details of contingency plans to ensure any failures or reported concerns with the supply are investigated and rectified as soon as possible, including timeframes. This should include notification of the investigation and corrective actions to the local authority. The management and maintenance plan shall be operated fully in accordance with the approved details at all times.
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — P Terceiro 13) The development hereby permitted shall not be occupied until the water efficiency measures and rainwater harvesting system (including the location and size of the storage tank) required by the approved water neutrality strategy https://www.gov.uk/planning-inspectorate 13
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — P Terceiro 13) The development hereby permitted shall not be occupied until the water efficiency measures and rainwater harvesting system (including the location and size of the storage tank) required by the approved water neutrality strategy https://www.gov.uk/planning-inspectorate 13
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — P Terceiro Appeal Decisions APP/Z3825/W/25/3359667, APP/Z3825/W/25/3359671 (Water Neutrality Statement received 27.03.2024) have been implemented. The scheme shall thereafter be retained as such. 14) The development hereby permitted shall not be occupied until evidence has been submitted to and approved in writing by the local planning authority that water taken from the tap has been sampled by a person who has undertaken the DWI certification of persons scheme for sampling private water supplies, analysed by a laboratory that is accredited to the ISO 17025 Drinking Water Testing Specification. 15) The development hereby permitted shall not be occupied until evidence has been submitted to and approved in writing by the local planning authority that the approved water neutrality strategy for that dwelling has been implemented in full. The evidence shall include the specification of fittings and appliances used, evidence of their installation, details of the rainwater harvesting system installed including a minimum 35 days storage capacity, and completion of the as built Part G water calculator or equivalent. The installed measures shall be retained as such thereafter.
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — P Terceiro 16) The development hereby permitted shall not be occupied until full details of all hard and soft landscaping works have been submitted to and approved in writing by the local planning authority. The details shall include plans and measures addressing the following: - Details of all existing trees and planting to be retained - Details of all proposed trees and planting, including schedules specifying species, planting size, densities and plant numbers and tree pit details - Details of all hard surfacing materials and finishes - Details of all boundary treatments The approved landscaping scheme shall be fully implemented in accordance with the approved details within the first planting season following the first occupation of any part of the development. No trees or hedges on the site shall be wilfully damaged or uprooted, felled/removed, topped or lopped without the previous written consent of the local planning authority until 5 years after completion of the development.
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — P Terceiro Any proposed or retained planting, which within a period of 5 years, dies, is removed, or becomes seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the local planning authority gives written consent to any variation. 17) The development hereby permitted shall not be occupied until the parking, turning and access facilities necessary to serve that development have been implemented in accordance with the approved details as shown on plan reference 0939.84/02 and shall thereafter be retained as such. 18) The development hereby permitted shall not be occupied until the cycle parking facilities serving it have been provided within the store and car port or the side or rear garden for that dwelling. The facilities shall thereafter be retained for their designated use. https://www.gov.uk/planning-inspectorate 14
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — P Terceiro Appeal Decisions APP/Z3825/W/25/3359667, APP/Z3825/W/25/3359671 19) The development hereby permitted shall not be occupied until provision for the storage of refuse and recycling has been provided within the store and car port or side or rear garden for that dwelling. The facilities shall thereafter be retained for their designated use. 20) The development hereby permitted shall not be occupied until a fast charge electric vehicle charging point for that dwelling has been installed. As a minimum, the charge point specification shall be 7kW mode 3 with type 2 connector. The means for charging electric vehicles shall thereafter be retained as such. 21) The development hereby permitted shall not be occupied until the necessary in- building physical infrastructure and external site-wide infrastructure to enable superfast broadband speeds of a minimum 30 megabits per second through full fibre broadband connection has been provided to the premises. The infrastructure shall thereafter be retained as such.
Bayley Paddock, Mill Lane, Partridge Green, West Sussex, RH13 8JU — Horsham District Council — P Terceiro 22) The development hereby permitted shall be undertaken in strict accordance with the ecological mitigation and enhancement measures set out in the Preliminary Ecological Appraisal by Environmental Assessment Services Ltd dated March 2024 and Phase 1 Bat Survey by Batscan Ltd dated 21 March 2024. https://www.gov.uk/planning-inspectorate 15
Main issues and findings
Character and appearance For appellant ¶5-12
The proposed developments would not harm the character and appearance of the area. The dwellings would be in keeping with the surrounding properties, and the landscape would be preserved.
Flood risk Against appellant ¶14-22
The proposals would result in a net increase of two dwellings, which would increase water abstraction. However, the proposed rainwater harvesting system would mitigate this effect.
Policies relied on
| Reference | Weight |
|---|---|
| Horsham District Planning Framework 2015 (DPF) Policies 25, 32, and 33 |
Determinative |
| DPF Policy 31 |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 15 pages, issued by the Planning Inspectorate on 8 August 2025 under the Open Government Licence.