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Dismissed9 June 20213266027

Lion Gate Court, Petworth Road, Witley, Godalming, GU8 5QW

Planning appeal 3266027 at Lion Gate Court, Petworth Road, Witley, Godalming, GU8 5QW (Waverley Borough Council) was dismissed on 9 June 2021 by Inspector Pipkin R, by written representations. The main issue, as the Inspector framed it: whether the proposal would be inappropriate development in the Green Belt having regard to the National Planning Policy Framework and any relevant development plan policies.

erection of new dwelling on garden land associated with Lion Gate Court. Use of existing access and construction of three bay garage

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Pipkin R
Postcode
GU8 5QW

Main issues, as the Inspector framed them

  • whether the proposal would be inappropriate development in the Green Belt having regard to the National Planning Policy Framework and any relevant development plan policies
  • the effect of the proposal on the openness of the Green Belt
  • the effect of the proposed development on the character and appearance of the area
  • the effect of the proposed development on highway safety
  • if the proposal is inappropriate development, whether the harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations, and if so, would this amount to the very special circumstances required to justify the proposal

What decided it

The proposal constitutes inappropriate development in the Green Belt causing substantial harm to openness and encroachment into countryside, combined with harm to character and appearance and highway safety concerns, which together are not outweighed by the modest benefits of providing one dwelling and meeting personal accommodation needs.

The substantial harm to the Green Belt by reason of inappropriateness and moderate harm to openness, combined with harm to character and appearance and highway safety, were not outweighed by the modest benefits of one additional dwelling in an accessible location and private accommodation benefits, so very special circumstances do not exist.

What the Inspector cited

Development plan policies
Policy RE2 of the Waverley Borough Local Plan Part 1: Strategic Policies and Sites 2018Saved Policy D1 of the Waverley Borough Local Plan 2002Saved Policy D4 of the Waverley Borough Local Plan 2002Policy TD1 of the Waverley Borough Local Plan Part 1: Strategic Policies and Sites 2018Policy ND6 of the Witley Neighbourhood Plan
National Planning Policy Framework
Paragraph 133Paragraph 134Paragraph 143Paragraph 144Paragraph 145
Judgments
Wood v SoS CLG and another [2014] EWHC 683; Europa Oil and Gas Limited v SSCLG [2014] EWCA Civ 825; Euro Garages Ltd v SSHCLG & Anor [2018] EWHC 1753 (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.

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The decision letter

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The authority’s record since 2016 · every decision in 2021

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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.