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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

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

Authority
Guildford Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Shields T

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.

Framework references: 149, 110

Plan policies cited: Policy S2, LP Policy S2(3), LP Policy P2, LP Policy P2(2)(c), LNP Policy LNPH1, LP Policy ID3

Judgments cited: 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

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.