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Planning appeal decision

Split Decision29 July 20213239094

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

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

Authority
Tandridge District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Other minor developments
Inspector
Brown S

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.

Framework references: 137, 147, 148, 149, 150

Plan policies cited: CSP 1, CSP 21, DP1, DP10, DP13, DP21

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.