®Planning appeal decision
Land at Oak Tree Farm Partridge Lane, Newdigate, Dorking, RH5 5BW
Planning appeal 3259609 at Land at Oak Tree Farm Partridge Lane, Newdigate, Dorking, RH5 5BW (Mole Valley District Council) was allowed in part (a split decision) on 5 July 2021 by Inspector Peerless K, following an inquiry. The main issue, as the Inspector framed it: On ground (b) (Appeal A (ix) only): whether the alleged breaches of planning control have taken place as a matter of fact.
Enforcement notices against an unauthorised mixed use of land (waste importation/storage/disposal, builder's yard, residential use of mobile homes/a building) and against the erection of agricultural buildings and structures on Green Belt land
- Authority
- Mole Valley District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- other · Change of use
- Inspector
- Peerless K
- Postcode
- RH5 5BW
Main issues, as the Inspector framed them
- On ground (b) (Appeal A (ix) only): whether the alleged breaches of planning control have taken place as a matter of fact
- On ground (c) (Appeal A (ii) only): whether the alleged breaches of planning control do not require a grant of planning permission to authorise them
- On ground (d): whether the alleged breaches of planning control are immune from enforcement action through the passage of time
- On ground (a) (Appeal B only): whether the development represents inappropriate development within the Green Belt and, if so, whether there are any material considerations that outweigh the harm caused by such development, and any other harm, and are sufficient to justify the proposal on the grounds of very special circumstances
- If these grounds fail then on ground (f) (Appeal A only): whether the requirements of the notice exceed what is necessary to remedy the breach of planning control or any injury to amenity
- On ground (g) (both appeals): whether the time for compliance is reasonable
What decided it
Whether the various elements of use and buildings could establish immunity through the passage of time, and whether the remaining buildings qualified as exceptions to inappropriate development in the Green Belt under NPPF paragraph 145.
What the Inspector cited
- National Planning Policy Framework
- Paragraph 145
- Judgments
- Beach v SSETR & Runnymede BC [2001] EWHC 381 (Admin)
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 appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
More decisions in Mole Valley District Council
The authority’s record since 2016 · every decision in 2021
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- Notice upheld6 May 20263369130The Land Known As 12, The Mount, Fetcham, Leatherhead, Surrey, KT22 9EE
- Notice upheld20 February 20263358752Mark Oak Nursery, Cobham Road, Fetcham, Leatherhead, KT22 9SA
- Notice varied and upheld24 November 20253361153Mark Oak Nursery, Cobham Road, Fetcham, Leatherhead, KT22 9SA
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.