Appeal against enforcement notice is dismissed

Appeal against enforcement notice is dismissed

April 22, 2024

An appeal against enforcement action by the Authority over two mobile homes was dismissed by a Government Planning Inspector.

The National Park’s enforcement team was made aware in the summer of 2022 that an agricultural field to the southeast of Clappers Lane, Fulking, had been partly covered in hardstanding and two mobile homes placed on site for residential use.

A Temporary Stop Notice was issued to prevent any further development at the site, which is next to two approved gypsy traveller sites.

A subsequent planning application was refused by the National Park Authority’s Planning Committee in November 2022.

An Enforcement Notice was then issued to remove the caravans and the hardstanding, giving the occupiers six months to comply.

The owners exercised their right of appeal against the notice, and the Planning Inspectorate agreed to a public hearing at the South Downs offices in Midhurst.

Planning Inspector Hilary Orr acknowledged that the two pitches would make “a positive contribution” to the provision of pitches in the Mid-Sussex area and the National Park as a whole.

However, she said that the National Park “attracts the highest status of protection”.

“Overall, in my judgement, the combination of factors in favour of the development are not sufficient to clearly outweigh the significant harm I have identified to the character and appearance of the South Downs National Park and the settled community,” she said.

The Inspector held that the compliance time of six months was too short and extended it to 12 months.

The site must be cleared by April 2025.