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Notice varied and upheld2 February 20223264255

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

Planning appeal 3264255 at The Sculpture Park, Jumps Road, Churt, Farnham, GU10 2LB (Waverley Borough Council) was allowed in part (a split decision) on 2 February 2022 by Inspector Graham J, following an inquiry. The main issue, as the Inspector framed it: whether the development would be inappropriate development in the Green Belt.

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
Postcode
GU10 2LB

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

What the Inspector cited

Development plan policies
Policy RE3
National Planning Policy Framework
Paragraph 147Paragraph 148Paragraph 150Paragraph 177
Judgments
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

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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More decisions in Waverley Borough Council

The authority’s record since 2016 · every decision in 2022

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  5. Allowed17 September 20266010046
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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.