39 Warnham Road

Client: Private
Local Planning Authority: Horsham District Council
Constraints: Water Neutrality

Our client had built an outbuilding in their back garden under permitted development that was used as a garage and workshop for the maintenance of motor bikes. A few months after the outbuilding was built our client changed the use of part of the building to an annexe for their mother, but wasn’t aware that this required planning permission. The use of the building therefore became unlawful.

Our client submitted a planning application to regularise the change of use, however this was determined after Natural England released their Position Statement in September 2021 which stated that ‘As it cannot be concluded that the existing abstraction within Sussex North Water Supply Zone is not having an impact on the Arun Valley site, we advise that developments within this zone must not add to this impact’. Most development within Horsham therefore must now demonstrate that it is water neutral (i.e. water consumption following the development must not exceed pre-development consumption levels) and will not add to the above mentioned impact.

Our client’s application in 2021 was refused as ‘Insufficient information has been provided to demonstrate with a sufficient degree of certainty that the development does not contribute to an adverse effect upon the integrity of the internationally designed Arun Valley Special Area of Conservation, Special Protection Area and Ramsar sites by way of increased water abstraction’. Our client had therefore not demonstrated that water neutrality could be achieved and the Council had no choice but to refuse the application.

We were then approached and asked whether the the issue could be overcome. Following a review we, and building on our existing experience in overcoming this matter, were confident the matter could be resolved. We prepared a revised application for the Annex which demonstrated that it would not increase water consumption.

The LPA and Natural England accepted the case put forward and the application was approved under delegated authority.

The consultant team for this project comprised Squires Planning, Motion and Peter Routley Associates.