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Planning appeal decision

Notice varied and upheld25 August 20223271122

Land At Hopkins Reed Woods, Hatch Lane, Witley, GU8 5UX

Planning appeal 3271122 at Land At Hopkins Reed Woods, Hatch Lane, Witley, GU8 5UX (Waverley Borough Council) was allowed in part (a split decision) on 25 August 2022 by Inspector Higenbottam H, following an inquiry. The main issue, as the Inspector framed it: The issue is whether or not the works carried out in the ASA, consisting of the laying of a hardstanding, is an engineering operation (ground (b)).

‘ Without planning permission: i) In the area coloured yellow on the attached plan the material change of use from a forest use to a storage use for storage of equipment and materials for a commercial building company. ii) In the area coloured yellow on the attached plan an engineering operation consisting of the laying of hardstanding. iii) In the approximate area dashed thick black from point A-B on the attached plan an engineering operation comprising of the laying of hardstanding to create a privat e way

Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
employment-industrial · Change of use
Inspector
Higenbottam H

Main issues, as the Inspector framed them

  • The issue is whether or not the works carried out in the ASA, consisting of the laying of a hardstanding, is an engineering operation (ground (b))
  • This ground of appeal is that at the date when the notice was issued, no enforcement action could be taken (ground (d))
  • This ground of appeal is that the requirements of the notice are excessive and lesser steps would overcome the objections (ground (f))
  • The remaining issue to be determined on the appeals is the lawfulness of the laying of hardstanding within the Ancillary Storage Area (Appeal B)

What decided it

The finding, based on aerial photographs and site evidence, that the hardstanding within the ASA had been substantially recreated as an engineering operation between 2017 and 2020, within four years of the notice, meaning it was not immune from enforcement.

What the Inspector cited

Judgments
Fayerwood Fish Farms Ltd v the Secretary of State for the Environment

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 Waverley Borough Council

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

  1. Notice varied and upheld17 April 20263374518
    Highfield Heights Farm Guildford Road, Runfold, Farnham, GU10 1PN
  2. Dismissed11 March 20263361018
    Busbridge Lane, Godalming, Surrey, GU7 1PU
  3. Notice varied and upheld7 January 20263348184
    Hyde Orchards, Hyde Lane, Churt, Farnham, GU10 2LP
  4. Notice upheld11 November 20253370074
    11 Broomwood Way, Lower Bourne, Farnham, GU10 3LP
  5. Notice varied and upheld11 November 20253328599
    Old Park Lane, Farnham, Surrey, GU10 5AA

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.