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Planning appeal decision

Planning permission granted12 October 20213233726

Land to the North of Nutley Dean Business Park, Smalls Hill Road, Norwood Hill, Horley, Surrey, RH6 0HR

Planning appeal 3233726 at Land to the North of Nutley Dean Business Park, Smalls Hill Road, Norwood Hill, Horley, Surrey, RH6 0HR (Reigate and Banstead Borough Council) was allowed on 12 October 2021 by Inspector Walker A, following a hearing. The main issue, as the Inspector framed it: Whether the matters stated in the notice had not occurred as a matter of fact on the date it was issued (ground (b)).

Without planning permission, the material change of use of the land from agricultural land within the designated Green Belt, to land used for storage. Without planning permission, the development of hardstanding areas and bunding measuring in excess of 2m in height and associated storage of shipping containers, building materials, objects and debris all associated with the change in use of the land in the approximate position hatched black on the plan attached to the notice

Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
employment-industrial · Change of use
Inspector
Walker A
Postcode
RH6 0HR

Main issues, as the Inspector framed them

  • Whether the matters stated in the notice had not occurred as a matter of fact on the date it was issued (ground (b))

What decided it

The Council's own evidence showed the pre-existing use of the land was a mixed agricultural, B2 and B8 use rather than solely agricultural, making the notice's factual allegation of a change of use from agricultural to storage incorrect.

What the Inspector cited

Judgments
Burdle & Williams v SSE & New Forest RDC [1972] 1 WLR 1207

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in Reigate and Banstead Borough Council

The authority’s record since 2016 · every decision in 2021

  1. Notice upheld24 September 20263363342
    117 Fountain Road, Redhill , Surrey, RH1 6QD
  2. Notice upheld7 August 20263378370
    Land at Lower Duxhurst Farm, 15 Reigate Road, Sidlow, Reigate, Surrey, RH2 8QH
  3. Allowed23 February 20263359216
    The Gatehouse, 3 Duxhurst Lane, Reigate, RH2 8QQ
  4. Notice varied and upheld6 November 20253325231
    42 Reigate Road, Hookwood, Horley, RH6 0HJ
  5. Notice upheld14 August 20253325005
    Nutley Dean Farm, Small Hills Road, Horley, Surrey, RH6 0HR

The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.