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Planning appeal decision

Notice varied and upheld8 March 20223272315

Land Between Grafton and The Haven, Polesden Lane, Ripley, Surrey, GU23 6DX

Planning appeal 3272315 at Land Between Grafton and The Haven, Polesden Lane, Ripley, Surrey, GU23 6DX (Guildford Borough Council) was allowed in part (a split decision) on 8 March 2022 by Inspector Shields T, following a hearing. The main issue, as the Inspector framed it: Gypsy/Traveller status.

the siting of 1 mobile home and the erection of a day room

Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Shields T
Postcode
GU23 6DX

Main issues, as the Inspector framed them

  • Gypsy/Traveller status
  • whether the development would be inappropriate development in the Green Belt
  • the effect on the openness of the Green Belt
  • the effect on character and appearance of the area
  • the effect on the living conditions of neighbouring occupiers
  • the effect on TBHSPA
  • the effect on highway safety
  • whether any harm to the Green Belt by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations so as to amount to the very special circumstances required to justify the development

What decided it

The significant/very substantial adverse effect on highway safety from the substandard visibility splays at the shared vehicular access, which alone would outweigh the other considerations in favour of the appeals.

Substantial harm from inappropriateness, limited harm to openness, and very substantial harm to highway safety were not clearly outweighed by the combined weight of other considerations (sustainable location, lack of alternative sites, best interests of the children), so very special circumstances did not exist and the appeals were dismissed.

What the Inspector cited

Development plan policies
Policy S2LP Policy S2(3)LP Policy P2LP Policy P2(2)(c)LNP Policy LNPH1LP Policy ID3
National Planning Policy Framework
Paragraph 149Paragraph 110
Judgments
Julian Wood v SSCLG, Gravesham Borough Council [2015] EWCA Civ 195; Turner v SSCLG & East Dorset Council [2016] EWCA Civ 466; R (on the application of Samuel Smith Old Brewery (Tadcaster) and others) (Respondents) v North Yorkshire County Council (Appellant) [2020] UKSC; Collins v SSCLG [2013] EWCA Civ 1193

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

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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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