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Split Decision29 July 20213239094

Land at Swallows End, Crab Hill Lane, South Nutfield, Surrey, RH1 5PG

Planning appeal 3239094 at Land at Swallows End, Crab Hill Lane, South Nutfield, Surrey, RH1 5PG (Tandridge District Council) was allowed in part (a split decision) on 29 July 2021 by Inspector Brown S, following a hearing. The main issue, as the Inspector framed it: In Appeal A the main issue is whether the Council's decision to refuse to grant a LDC was well-founded.

the stationing of a mobile home. Appeal B: ref. APP/M3645/C/19/3239090 Swallows End, Crab Hill Lane, South Nutfield RH1 5PG

Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Other minor developments
Inspector
Brown S
Postcode
RH1 5PG

Main issues, as the Inspector framed them

  • In Appeal A the main issue is whether the Council's decision to refuse to grant a LDC was well-founded
  • In Appeals B and C on Ground (d) the question is whether the matters enforced against are immune from enforcement action as a result of the passage of time
  • The effect of the development upon Green Belt interests in the light of prevailing national and local planning policy
  • The effect of the development upon the character and appearance of the countryside
  • Whether any harm to the Green Belt by reason of inappropriateness and any other harm is clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the development

What decided it

Whether the appellant's evidence demonstrated 10 years' continuous immune use (for Appeal A/ground (d)), and separately whether family need and site history amounted to very special circumstances clearly outweighing Green Belt and countryside harm for each remaining element (ground (a)).

The appellant's family need for additional accommodation and the site's long history of caravan use were found sufficient to clearly outweigh the harm to Green Belt openness and countryside character caused by a second mobile home, its associated stable and the hardstanding beneath it, but the harm caused by the kennels use and the extensive vehicle parking hardstanding was not outweighed by any very special circumstances.

What the Inspector cited

Development plan policies
CSP 1CSP 21DP1DP10DP13DP21
National Planning Policy Framework
Paragraph 137Paragraph 147Paragraph 148Paragraph 149Paragraph 150

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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More decisions in Tandridge District Council

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

  1. Allowed29 October 20266006369
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  2. Dismissed14 October 20266008351
    Development Site West of Southwood, Waller Lane, Caterham, CR3 5EA
  3. Dismissed13 October 20266007518
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  4. Dismissed23 September 20266008688
    Land Adjacent to Farm View Cottage, Lingfield Road, East Grinstead, RH19 2JW
  5. Dismissed22 September 20266011736
    Land Adjacent to Oaklands Drive, Copthorne Bank, Copthorne, RH10 3JD

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.