Highlands Farm, Portsmouth Road, Ripley, GU23 6EY

Planning appeal 3238790 at Highlands Farm, Portsmouth Road, Ripley, GU23 6EY (Guildford Borough Council) was decided (quashed on legal grounds) on 20 June 2023 by Inspector Whitfield J, following an inquiry. The main issue, as the Inspector framed it: Whether the matters alleged to constitute the breach of planning control as stated in the notice had occurred at the date the notice was issued (ground (b)).

Without planning permission, the material change of use of the Land from a nil use to a mixed use for residential purposes (stationing of a park home) and non-agricultural storage, together with operational development comprising two steel portal-framed buildings, hardstanding, retaining walls, planters and tracks

Authority: Guildford Borough Council
Appeal type: enforcement · Enforcement Notice
Procedure: Inquiry
Development: other · Change of use
Inspector: Whitfield J
Postcode: GU23 6EY

Main issues, as the Inspector framed them

Whether the matters alleged to constitute the breach of planning control as stated in the notice had occurred at the date the notice was issued (ground (b))

What decided it

The enforcement notice's allegation of a mixed use failed to include an agricultural component that the Inspector found was actually occurring on the Land, and correcting this omission would cause injustice to the appellant, so ground (b) succeeded and the notice was quashed.

What the Inspector cited

Judgments: R (oao) East Sussex CC v SSCLG [2009] EWHC 3841 (Admin); Westminster CC v SSE & Aboro [1983] JPL 602; Ferris v SSE [1998] JPL 777

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.

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The decision letter

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The authority’s record since 2016 · every decision in 2023

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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.