Object
Chichester Local Plan 2021 - 2039: Proposed Submission
Representation ID: 5015
Received: 16/03/2023
Respondent: Pam Clingan
Agent: Eric Brandwood
Legally compliant? No
Sound? No
Duty to co-operate? No
Policy impacts respondent's land to the south of Madgwick Lane, Westhampnett;
Land discounted for housing development due to Goodwood safeguarding flight path;
Decision based on an unsound and legal assumption that flight path crosses land;
Collated evidence shows decision (based on joining two separate land parcels) was flawed;
The Council are using this policy, or its current form in the Adopted Local Plan, to illegally exclude my Land from legitimate Housing Development.
Previous assessment under the HELAA/SHLAA arrangements accepted the Land as two entities and allocated housing numbers. (see HELAA 2014/2018 in attached document)
Correction of an unsound, and illegal procedure, flawed, factually incorrect decision to rescind HELAA.
To prevent such decisions being made to exclude legitimate sites for development. See the attached document stating reasons for reinstating unsound exclusion of site for inclusion in the HELAA/SHLAA assessments.
Policy A17
This Policy impacts my Land to the south of Madgwick Lane, Westhampnett’ The Land was discounted for housing development and the reason given was, Goodwood safeguarding flight path.’ This decision was based on an unsound and legal assumption that the flight path crosses my land. Evidence has been collated in the attached report prepared by my Agent, to show clearly that the decision was flawed as the flight path quite clearly crosses the roundabout at Claypit Lane and does not cross my Land. The Council by illegally joining together my two parcels of Land into one, by extension applied this reason for discounting the Land for housing. The two parcels of Land are registered with Land Registry under two legal entities.
Policy A17 states that , ‘Where noise sensitive development is proposed within this area, or BELOW NOISE PREFERRED ROUTES, planning permission will only be granted where the noise impact assessment clearly shows that: para 3, in accordance with the ‘agent of change’ principle outlined in the National Planning Policy Framework.
The Council are using this policy, or its current form in the Adopted Local Plan, to exclude illegally my Land from legitimate Housing Development. Previous assessment under the HELAA/SHLAA arrangements accepted the Land as two entities and allocated housing numbers. (see HELAA 2014/2018 in attached document).