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Planning appeal decision

Dismissed23 July 20213270302

Annex 161 Queens Road, Bisley, Woking, GU24 9AU

Planning appeal 3270302 at Annex 161 Queens Road, Bisley, Woking, GU24 9AU (Surrey Heath Borough Council) was dismissed on 23 July 2021 by Inspector Hawkins S, by written representations. The main issue, as the Inspector framed it: Whether it has been shown that the proposal is permitted by the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) at Article 3, Schedule 2, Part 1, Class B (GPDO).

described as “161 Annex Queens Road-existing house, with existing upper loft space, under permitted development to add 2 no dormers, to create additional head room. The property is owned by 1 no family sharing the plot with 161 Queens Road

Authority
Surrey Heath Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Hawkins S
Postcode
GU24 9AU

Main issues, as the Inspector framed them

  • Whether it has been shown that the proposal is permitted by the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) at Article 3, Schedule 2, Part 1, Class B (GPDO)

What decided it

The building's use as a separate self-contained dwelling was not lawful under the 2016 planning permission condition 4, and the appellant failed to provide clear evidence of four years' continuous lawful use to establish immunity from enforcement, which is a prerequisite for GPDO Part 1 to apply.

The decision letter

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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.

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