The Sculpture Park, Jumps Road, Churt, Farnham, GU10 2LB

i) The material change of use of the Land from woodland (agricultural use) to use as a sculpture park, arboretum and water gardens (sui generis use) and associated storage. ii) An engineering operation consisting of the construction of hardstanding to facilitate the use of part of the Land for purposes associated with the use of the adjacent land as a sculpture park, arboretum and water gardens. The area of hardstanding is shown crosshatched on the attached plan

Authority: Waverley Borough Council
Appeal type: enforcement · Enforcement Notice
Procedure: Inquiry
Development: leisure-sport · Major retail and services
Inspector: Graham J

Main issues, as the Inspector framed them

whether the development would be inappropriate development in the Green Belt
its effect on the character and appearance of the area, on its biodiversity, and on highway safety
if the development is inappropriate, whether the harm by reason of inappropriateness – and any other harm – would be clearly outweighed by other considerations, so as to amount to the very special circumstances necessary to justify the development

What decided it

The substantial harm from inappropriate development in the Green Belt, combined with considerable harm to the character and appearance of the AONB, was not outweighed by the limited benefits claimed, so very special circumstances did not exist.

the substantial weight of harm from inappropriate development in the Green Belt and the considerable weight of harm to the character and appearance of the area clearly outweighed the limited weight attached to the claimed tourism and economic benefits

Framework references: 147, 148, 150, 177

Plan policies cited: Policy RE3

Judgments cited: University of Leicester v Secretary of State for Communities and Local Government and Others [2016] EWHC 476 (Admin); R v Ashford BC ex parte Shepway DC [1999] P.L.C.R.12; [1998] JPL 1073; Trump International Golf Club Scotland Ltd v Scottish Ministers [2015] UKSC 74; London Borough of Lambeth v Secretary of State for Housing, Communities and Local Government and Others [2019] UKSC 33; Breckland DC v Secretary of State [2020] EWHC 292 (Admin); Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207

Read the decision letter on the Inspectorate’s site

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.