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Planning appeal decision

Dismissed13 March 20233260351

Land off Cobbett Hill Road south of Clasford Bridge, Cobbett Hill Road, Normandy, GUILDFORD, GU3 2AA

the material change in use of land to provide single showman yard for stationing of caravans for residential occupation and storage of rides and equipment, with associated development (hard standing, fencing and package treatment plant)

Authority
Guildford Borough Council
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Taylor K

Main issues, as the Inspector framed them

  • The need for, and provision of sites, and the availability of alternative sites, with particular regard to Site Policy A48
  • The effect of the proposal on the openness of the Green Belt and the purposes of including the land within it
  • The effect of the proposal on the character and appearance of the surrounding area
  • Biodiversity, with particular reference to any direct effects on the Thames Heath Special Protection Area (TBHSPA), Ash to Brookwood Heaths Site of Scientific Interest (SSSI), and the Thurley, Ash Pirbright and Chobham Special Area of Conservation (SAC)
  • The effect of the proposal on ecology, including protected species
  • Whether the proposal would comply with national planning policy which seeks to steer new development away from areas at the highest risk of flooding
  • Whether the proposal would provide adequate provision for surface water drainage, and non-mains foul drainage
  • The effect of the proposal on the living conditions of the occupants of Cobbett's Close, with particular regard to fumes, noise and disturbance
  • The effect of the use of the land on the living conditions of future occupants of the site, with particular regard to contamination
  • Would the harm by reason of inappropriateness, any other harm, be clearly outweighed by other considerations as to amount to the very special circumstances required to justify the proposal

What decided it

The substantial harm to the Green Belt combined with very substantial harm from biodiversity, protected species and flood risk was not clearly outweighed by the other considerations, so very special circumstances did not exist.

The substantial harm from Green Belt inappropriateness and loss of openness, together with moderate harm to character and appearance and very substantial harm from biodiversity/flood risk, was not clearly outweighed by the need for sites, personal circumstances and other considerations advanced by the appellants.

Framework references: 147, 137, 163, 168, 167, 174, 180, 185, 48

Plan policies cited: Policy A48, Policy S2, Policy S2(3), Policy PS2, Policy H1, Policy D1, Policy P5, Policy NE4, Saved Policy NRM6, Policy P4, Saved Policy G1(3)

Judgments cited: Turner v SSCLG & East Dorset Council [2016] EWCA Civ 466; R (on the application of Samuel Smith Old Brewery (Tadcaster) and others) (Respondents) v North Yorkshire County Council (Appellant) [2020] UKSC

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.