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Planning appeal decision

Quashed On Legal Grounds2 May 20233267984

Land on the West Side of Horsley Road, Ockham Also Known As Brick Kiln Farm & Brick Kiln Copse, Old Lane, Cobham, KT11 1NH

Planning appeal 3267984 at Land on the West Side of Horsley Road, Ockham Also Known As Brick Kiln Farm & Brick Kiln Copse, Old Lane, Cobham, KT11 1NH (Guildford Borough Council) was decided (quashed on legal grounds) on 2 May 2023 by Inspector Jones R, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice specifies with sufficient clarity the alleged breach of planning control, given that the land was in mixed use comprising residential use through stationing of caravans and a soil and aggregate treatment facility.

Material change of use of land from nil use to residential use through stationing of caravans

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
caravan-gypsy · Change of use
Inspector
Jones R
Postcode
KT11 1NH

Main issues, as the Inspector framed them

  • Whether the enforcement notice specifies with sufficient clarity the alleged breach of planning control, given that the land was in mixed use comprising residential use through stationing of caravans and a soil and aggregate treatment facility

What decided it

The enforcement notice failed to specify with sufficient clarity the alleged breach of planning control by alleging only residential use when the land was in mixed use, and the Inspector could not correct this defect without causing injustice.

What the Inspector cited

Judgments
R (oao) East Sussex CC v SSCLG [2009] EWHC 3841 (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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More decisions in Guildford Borough Council

The authority’s record since 2016 · every decision in 2023

  1. decided16 October 20266010712
    9 Baldwin Crescent, Guildford, GU4 7XW
  2. Notice upheld30 September 20263366379
    86 Haydon Place, Guildford, GU1 4LR
  3. Notice varied and upheld21 September 20263376621
    Land on the East Side of Alms Heath, Ockham, Woking, Surrey, GU23 6NZ
  4. Notice upheld14 September 20263375927
    Land East Side of Alms Heath, Ockham, Woking, GU23 6NZ
  5. Notice varied and upheld10 June 20263366792
    Land at Goal Farm, Goal Road, Woking, GU24 0PZ

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.

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