Public Inquiry Begins In Chichester After 300 Homes Planning Failure

A public inquiry into Chichester District Council’s failure to decide a planning application for 300 homes has started.

The opening day of the inquiry into plans for a development north of Highgrove Farm, Bosham, heard representations from applicant Barratt David Wilson Homes (BDW), the council and a number of residents.

It will be down to inspector Hayden Baugh-Jones to decide whether the application should be refused or permitted and whether the council’s reasons for failing to reach a decision were sound.

The inquiry is scheduled to last for six days, with the main issues being:

• Whether BDW would make a high enough financial contribution towards highways infrastructure – particularly the A27 – affordable housing, and local recreational and travel infrastructure
• The impact the development would have on  the Chichester Harbour and Solent Maritime Special Areas of Conservation, especially when it came to nitrates
• The impact on the Singleton and Cocking Tunnels Special Areas of Conservation, especially when it came to protected species such as bats.

The inquiry is being held at Emsworth Baptist Church, where the first day included round table sessions about highways matters and nitrates in the waterways.

Introducing the council’s case, Stephen Morgan acknowledged that the development on the site was supported in principle.

But he cited the ‘lack of ‘appropriate and necessary infomation’ when it came to the impact on bats – especially the rare barbastelle bat – along with a ‘lack of certainty’ when it came to nitrate mitigation plans as reasons to refuse.

On top of that he pointed the inspector to the disagreement between the two parties about the level of contribution which should be made for improvements to the A27.

Mr Morgan added: “It is the council’s position that planning permission should not and, indeed, cannot be granted at this stage.”

Paul Tucker, representing BDW, pointed out that the council does not have the required five-year supply of housing land – a problem which often sees inspectors rule in favour of the developer.

He said: “Permission ought therefore to be granted absent a very good reason not to do so.”

The 14.6 hectares of agricultural land at Highgrove Farm is currently used to grow cereals.

Mr Tucker told the inspector that up to 207 homes could be built without increasing nitrate levels.

He added that heads of terms had been agreed with the owner of Chilgrove Farm to plant 3.4ha of land to woodland to mitigate the impact of the other 93 homes.

That land, too, is currently agricultural.

Mr Tucker’s comment that the development would be in a ‘very well-located location which would maximise realistic opportunities for the use of sustainable non-car modes of travel’ was met with grumbles of dissent from some members of the public.

This prompted the inspector to warn them against calling out or clapping, adding that such behaviour was ‘not acceptable and I won’t tolerate it’.

Mr Tucker concluded

“Any adverse effects of the [development] we say come nowhere close to significantly and demonstratively outweighing the benefits.

“[It] comprises much-needed and sustainable development which ought to proceed in the public interest.”

None of the public speakers agreed, raising concerns about all of the main issues as well as the impact on schools and health services in the area as well as the strain on the already struggling sewerage and water system.

Andrew Kerry-Bedell, county councillor for Bourne, warned against the loss of agricultural land, saying:

“With the war in Ukraine we need food security and every grain, not gravel drives.”

He added:

“To decide a development should go ahead based on the lack of a five-year housing land supply is simply not acceptable, panders to a failed government backed by housing developers and, more importantly, defies rational common sense and creates infrastructure chaos. 

“The parish doesn’t want this development, residents don’t want this development and Chichester council officers don’t want this development and have refused it, all for very good reasons.”

The inquiry will continue on Thursday (October 5) and then from Tuesday (October 10) to Thursday (October 12).

The proceedings will be live streamed viawww.chichester.gov.uk/planningappeals.

The Planning Inspectorate will publish appeal documentation, including copies of representations received, on the Planning Portal website at https://acp.planninginspectorate.gov.uk/.

To view the application, including appeal documents, log on to publicaccess.chichester.gov.uk and search for 21/00571/FUL.