Loxwood Hall West, Loxwood, BILLINGSHURST, RH14 0QP

Loxwood Hall West, Loxwood, BILLINGSHURST, RH14 0QP — Chichester District Council — Appeal Decision Site visit made on 15 September 2025 by V Goldberg BSc (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 18 November 2025 Appeal Ref: APP/L3815/W/25/3368828 Loxwood Hall West, Loxwood, Billinghurst RH14 0QP • 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 Gilbert against the decision of Chichester District Council. • The application Ref is 25/00601/FUL. • The development proposed is subdivision of existing dwelling to create 1 no. additional residential unit, with associated works. Decision 1. The appeal is allowed, and planning permission is granted for the subdivision of existing dwelling to create 1 no. additional residential unit, with associated works at Loxwood Hall West, Loxwood, Billingshurst RH14 0QP in accordance with the terms of the application, Ref 25/00601/FUL, subject to the conditions in the attached schedule. Applications for costs 2. An application for costs has been made against Chichester District Council. This is the subject of a separate decision. Preliminary Matters 3.

Loxwood Hall West, Loxwood, BILLINGSHURST, RH14 0QP — Chichester District Council — Appeal Decision The address on the application form refers to ‘land at Loxwood Hall West’ as opposed to the existing dwelling i.e. Loxwood Hall West. The appeal form correctly refers to the appeal site as Loxwood Hall West, therefore the site address in the banner heading and decision above has been amended to correlate with this document, as this best reflects the address of the appeal site. 4. The development plan against which the application was determined has changed, as Chichester District Council adopted a new local plan in August 2025. The Council detailed policies from the plan that has now been adopted in its decision notice. I have therefore determined the appeal based on the policies detailed as ‘emerging’ in the decision notice which are taken from the Chichester Local Plan 2021-2039, adopted in August 2025 (Local Plan). The policy numbers in the Local Plan have been revised since they were referred to in the decision notice as emerging policies, as a result emerging Policy NE10 is now Policy NE11. 5.

Loxwood Hall West, Loxwood, BILLINGSHURST, RH14 0QP — Chichester District Council — Appeal Decision In September 2021, Natural England advised that new development within the Sussex North Water Supply Zone (SNWSZ) – which includes Chichester – should demonstrate water neutrality to protect the Arun Valley habitats from impacts linked to Southern Water’s abstraction at Pulborough. Based on new evidence, reviewed by the Environment Agency and Natural England, Natural England are https://www.gov.uk/planning-inspectorate

Loxwood Hall West, Loxwood, BILLINGSHURST, RH14 0QP — Chichester District Council — Appeal Decision In September 2021, Natural England advised that new development within the Sussex North Water Supply Zone (SNWSZ) – which includes Chichester – should demonstrate water neutrality to protect the Arun Valley habitats from impacts linked to Southern Water’s abstraction at Pulborough. Based on new evidence, reviewed by the Environment Agency and Natural England, Natural England are https://www.gov.uk/planning-inspectorate

Loxwood Hall West, Loxwood, BILLINGSHURST, RH14 0QP — Chichester District Council — Appeal Decision Appeal Decision APP/L3815/W/25/3368828 now withdrawing that position. This is because a collaborative, long-term solution has been developed to enhance ecological resilience, support habitat recovery, and ensure nature can thrive. Main Issue 6. The main issue is whether the proposal would be a suitable location for a dwelling having regard to the Council’s spatial strategy. Reasons 7. The appeal site is located outside of a settlement boundary and is therefore in the countryside as defined in the Local Plan. Policies S2 and NE11 of the Local Plan restrict changes of use and/or re – use of existing buildings outside of settlements and requires development to comply with eight criteria. 8. Policy S2 of the Local Plan restricts proposals outside settlements to those requiring a countryside location, meeting an essential local rural need, or supporting rural diversification in accordance with Policy NE11. The Council contends that the scheme conflicts with its spatial strategy; however, the only disputed criterion appears to be Policy NE11’s requirement to demonstrate that economic and community uses have been considered before residential use.

Loxwood Hall West, Loxwood, BILLINGSHURST, RH14 0QP — Chichester District Council — Appeal Decision Residential development is only permitted where such uses are shown to be inappropriate and unviable. In this case, economic and community uses do not appear to have been explored. The appellant argues that, given the site’s residential context, conversion to an economic function would be neither viable nor desirable. While this may be so, it has not been adequately evidenced. No conflict with other criteria of Policy NE11 has been identified, and the evidence before me does not lead to a different conclusion. Furthermore, references to Policy 46 of the superseded Local Plan carry no weight following adoption of the current Local Plan. 9. Three previous appeal decisions have been referenced, two relating to earlier proposals on the current appeal site1 and a third approximately 300 metres away at Alford Bars2. These decisions have been cited to suggest that the location of the proposed development is inconsistent with the Council’s spatial strategy. However, all three appeals were determined prior to the adoption of the current Local Plan. As such, Policy NE11 was not afforded full weight in their assessment. This is an important distinction, as former Policy 45 imposed significantly more restrictive criteria.

Loxwood Hall West, Loxwood, BILLINGSHURST, RH14 0QP — Chichester District Council — Appeal Decision It required that all development proposals in the countryside either demonstrate a functional need for a rural location or meet an essential, small- scale, and local need that could not be accommodated within or adjacent to existing settlements. 10. In contrast, Policy S2 which aligns with Policy NE11, provides a more supportive framework for rural diversification. This shift in policy marks a material change in the planning context. Accordingly, the circumstances under which the previous appeals were considered differ substantially from those relevant to the current proposal. Given this updated policy, the earlier appeal decisions are of limited relevance and should be afforded minimal weight in the determination of this appeal. 1 APP/L3815/W/21/3277901 and APP/L3815/W/23/3331297 2 APP/L3815/W/24/3357207 https://www.gov.uk/planning-inspectorate 2

Loxwood Hall West, Loxwood, BILLINGSHURST, RH14 0QP — Chichester District Council — Appeal Decision Appeal Decision APP/L3815/W/25/3368828 11. Policies 2 and 12 of the Loxwood Neighbourhood Plan (NP) have been referenced; however, they are not considered directly relevant to the determination of this appeal. Policy 2 supports sustainable development within the Neighbourhood Plan Area but does not seek to restrict development outside of it. Therefore, it does not apply to the appeal site in this context. 12. Similarly, Policy 12 does not address matters of locational sustainability or the subdivision of dwellings. Instead, it requires proposals to be consistent with the National Planning Policy Framework (the Framework), the Local Plan, and the General Permitted Development Order. As such, it does not provide specific criteria relevant to the main issue in this appeal. 13. Furthermore, reference has been made to paragraph 84 of the Framework. However, this is not pertinent in this case, as the parties agree that the appeal site does not constitute an isolated location. Accordingly, the cited policies of the NP and paragraph 84 of the Framework should be afforded limited, if any, weight in the assessment of the appeal. 14.

Loxwood Hall West, Loxwood, BILLINGSHURST, RH14 0QP — Chichester District Council — Appeal Decision For the above reasons, the proposal would be contrary to Policies NE11 and S2 of the Local Plan which seek to restrict changes of use and/or re – use of existing buildings outside of settlements. Other Matters 15. Reference has been made to the red line of the site encompassing a section of the driveway shared by users of the neighbouring dwellings. An appellant does not have to own a site to seek planning permission, and I have been provided no evidence that land ownership matters would impede delivery of the development. Conditions 16. I have considered the suggested conditions in light of the Framework and the PPG. In the interests of precision, clarity and brevity I have undertaken some rationalisation and rewording of the conditions suggested. 17. In addition to the standard time condition, it is necessary for a condition to list the approved plans in the interest of certainty. 18. Conditions have been imposed requiring details of the proposed covered cycle parking and boundary treatments to be submitted.

Loxwood Hall West, Loxwood, BILLINGSHURST, RH14 0QP — Chichester District Council — Appeal Decision These conditions are intended to promote sustainable modes of transport by encouraging cycling as an alternative to car use, and to ensure that the development respects and preserves the character and visual amenity of the surrounding area. 19. Additional conditions secure ecological enhancement and restrict external illumination. These conditions are required to protect wildlife and provide biodiversity enhancement. 20. A condition was suggested to secure the mitigation detailed in the Water Neutrality Report. Given that a long-term solution has been developed to enhance ecological resilience and Natural England no longer seek water neutrality, this condition is no longer necessary. However, to reflect the seriously water stressed status of the area, a condition is required to ensure that the proposal would be water efficient. https://www.gov.uk/planning-inspectorate 3

Loxwood Hall West, Loxwood, BILLINGSHURST, RH14 0QP — Chichester District Council — Appeal Decision Appeal Decision APP/L3815/W/25/3368828 Planning Balance and Conclusion 21. While the proposal does not align with the Council’s spatial strategy for the location of new dwellings, the harm arising from this conflict is limited. The scheme broadly complies with Policies NE11 and S2 of the Local Plan, which do not require marketing evidence to demonstrate consideration of economic, or community uses prior to residential use. Furthermore, there is no substantive evidence of demand for such uses in this location. Given the site's existing residential use and its setting within a residential enclave, the proposed dwelling would be more compatible with the established residential character than an economic or community use. 22. The proposal would deliver a new dwelling, contributing positively to housing supply within the district. Although the Council can demonstrate a five-year housing land supply, small-scale developments such as this can make an important contribution to meeting the housing requirements of an area and contribute to the Government’s aim of significantly boosting the supply of homes. Significant weight is given to this benefit. 23.

Loxwood Hall West, Loxwood, BILLINGSHURST, RH14 0QP — Chichester District Council — Appeal Decision The proposed development would conflict with the development plan, but material considerations indicate that a decision should be made other than in accordance with it. For the reasons given above the appeal is allowed.

Loxwood Hall West, Loxwood, BILLINGSHURST, RH14 0QP — Chichester District Council — V Goldberg INSPECTOR https://www.gov.uk/planning-inspectorate 4

Loxwood Hall West, Loxwood, BILLINGSHURST, RH14 0QP — Chichester District Council — V Goldberg INSPECTOR https://www.gov.uk/planning-inspectorate 4 Appeal Decision APP/L3815/W/25/3368828 Schedule of Conditions 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 drawing nos: • DP100 - PROPOSED LOWER AND GROUND FLOOR PLAN • DP101 - PROPOSED FIRST FLOOR PLAN • DP102 - PROPOSED ROOF PLAN • DP103 - PROPOSED FRONT AND REAR ELEVATION • DP104 - REV A - PROPOSED EAST AND WEST ELEVATION • DP110 - BLOCK PLAN 3) The dwelling hereby approved shall not be occupied until covered and secure cycle parking spaces have been provided in accordance with plans to be submitted to and approved by the Local Planning Authority. The covered cycle spaces shall thereafter be kept available for the storage of bicycles. 4) Prior to first occupation of the dwelling hereby permitted, the associated boundary treatments shall be provided in accordance with a scheme that shall first have been submitted to and approved in writing by the Local Planning Authority. Thereafter the boundary treatments shall be maintained as approved in perpetuity.

Loxwood Hall West, Loxwood, BILLINGSHURST, RH14 0QP — Chichester District Council — V Goldberg 5) Prior to first use of the development hereby permitted the following ecological enhancements should be carried out: • a bat box to be installed on the building facing south/south westerly positioned 3-5m above ground, • a swift box or brick and an additional bird box to be installed on the building and/or tree within the garden of the property, and • a hedgehog nesting box to be installed within the site. Thereafter the ecological enhancements shall be retained in perpetuity. 6) The proposal must be designed to utilise no more than 110 litres of mains supplied water per person per day. 7) No external illumination shall be provided on the site other than in accordance with a scheme that shall first have been submitted to and approved in writing by the Local Planning Authority. https://www.gov.uk/planning-inspectorate 5