®Planning appeal decision
Pioneers Joy Boat Mooring, Land NW Cherry Orchard Gardens, West Molesey, SURREY, KT8 1QY
retrospective application for the mooring of a pleasure craft
- Authority
- Elmbridge Borough Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Hearing
- Development
- residential · Minor Dwellings
- Inspector
- Allen R
Main issues, as the Inspector framed them
- Whether the proposals amount to inappropriate development in the Green Belt
- the effects on openness and any other harm
- the other considerations
- whether 'very special circumstances' exist to outweigh the harm from inappropriateness, openness and any other harm
What decided it
For Appeal E, the welfare of the appellant's infant child amounted to very special circumstances outweighing the Green Belt harm; for Appeals A-D, no equivalent very special circumstances were demonstrated to outweigh that harm.
For Appeals A-D, the identified benefits (marginal contribution to housing and affordable housing need) did not clearly outweigh the significant harm from inappropriateness, loss of openness and other harm, so the appeals were dismissed; for Appeal E, that same harm was clearly outweighed by the very special circumstance of the child's welfare, justifying a temporary two-year permission only.
Framework references: 11, 137, 147, 148, 149, 150, 57
Plan policies cited: Policy DM17, Policy DM13, Policy CS26, Policy CS12, Policy CS15, Policy DM5, Policy DM21, Policy DM2, Policy DM22, Policy DM20
Judgments cited: Alison Hook v Secretary of State for Housing, Communities and Local Government and Surrey Heath Borough Council [2020] EWCA Civ 486
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.