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Dismissed13 March 20233260351

Land off Cobbett Hill Road South of Clasford Bridge, Cobbett Hill Road, Normandy, Guildford, GU3 2AA

Planning appeal 3260351 at Land off Cobbett Hill Road South of Clasford Bridge, Cobbett Hill Road, Normandy, Guildford, GU3 2AA (Guildford Borough Council) was dismissed on 13 March 2023 by Inspector Taylor K, following a hearing. The main issue, as the Inspector framed it: The need for, and provision of sites, and the availability of alternative sites, with particular regard to Site Policy A48.

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)

Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Taylor K
Postcode
GU3 2AA

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.

What the Inspector cited

Development plan policies
Policy A48Policy S2Policy S2(3)Policy PS2Policy H1Policy D1Policy P5Policy NE4Saved Policy NRM6Policy P4Saved Policy G1(3)
National Planning Policy Framework
Paragraph 147Paragraph 137Paragraph 163Paragraph 168Paragraph 167Paragraph 174Paragraph 180Paragraph 185Paragraph 48
Judgments
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

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 applied

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.

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