®Planning appeal decision
Midnight Rambler, The Old wharf, northwest of 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 Appeals A to D, the absence of very special circumstances capable of outweighing the significant Green Belt and other harm led to dismissal, whereas for Appeal E the welfare of a resident child tipped the balance in favour of a temporary permission.
For Appeals A-D, the significant harm from inappropriateness, loss of openness, flood risk, ecology and character/appearance was not clearly outweighed by other considerations; for Appeal E, the same harm was outweighed by very special circumstances relating to child welfare, justifying a temporary consent only.
Framework references: 11, 57, 137, 147, 148, 149, 150
Plan policies cited: Policy DM17, Policy DM13, Policy DM2, Policy DM22, Policy DM20, Policy DM5, Policy DM21, Policy CS26, Policy CS12, Policy CS15
Judgments cited: Alison Hook vs 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.