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Dismissed26 April 20223266934

Water Buffel, The Old Wharf, Northwest of Cherry Orchard Gardens, West Molesey, Surrey, KT8 1QY

Planning appeal 3266934 at Water Buffel, The Old Wharf, Northwest of Cherry Orchard Gardens, West Molesey, Surrey, KT8 1QY (Elmbridge Borough Council) was dismissed on 26 April 2022 by Inspector Allen R, following a hearing. The main issue, as the Inspector framed it: Whether the proposals amount to inappropriate development in the Green Belt.

retrospective application for the mooring of a pleasure craft

Authority
Elmbridge Borough Council
Appeal type
other · Planning Appeal
Procedure
Hearing
Development
other · Unknown
Inspector
Allen R
Postcode
KT8 1QY

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 Appeals A to D, the absence of very special circumstances sufficient to outweigh the significant Green Belt and other harm was decisive; for Appeal E, the welfare of the appellant's young child tipped the balance in favour of a temporary permission.

For Appeals A to D, the significant harm from inappropriateness, loss of openness and other harm (flood risk, ecology, character and appearance) was not outweighed by the other considerations; for Appeal E, the welfare of the child was sufficient to outweigh that same harm, justifying a temporary consent only.

What the Inspector cited

Development plan policies
Policy DM17Policy DM13Policy DM2Policy DM20Policy DM22Policy DM5Policy DM21Policy CS26Policy CS12Policy CS15
National Planning Policy Framework
Paragraph 11Paragraph 137Paragraph 147Paragraph 148Paragraph 149Paragraph 150Paragraph 57
Judgments
Alison Hook vs Secretary of State for Housing, Communities and Local Government and Surrey Heath Borough Council [2020] EWCA Civ 486

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 Elmbridge Borough Council

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

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  4. Dismissed4 June 20266006584
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  5. Dismissed9 March 20263356517
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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.