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Planning appeal decision

Notice varied and upheld1 September 20213272739

Land at Heath Cottage, Cuttmill Road, Shackleford, Godalming, GU8 6BJ

Planning appeal 3272739 at Land at Heath Cottage, Cuttmill Road, Shackleford, Godalming, GU8 6BJ (Guildford Borough Council) was allowed in part (a split decision) on 1 September 2021 by Inspector Stephens K, following a hearing. The main issue, as the Inspector framed it: Whether the appeal development would be inappropriate development in the Green Belt, having regard to the Framework and the development plan, and the effect of the appeal development on the openness of the Green Belt and purposes of including land within it.

Construction of three extensions to the property in approximate locations marked A, B and C

Authority
Guildford Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
residential · Householder developments
Inspector
Stephens K
Postcode
GU8 6BJ

Main issues, as the Inspector framed them

  • Whether the appeal development would be inappropriate development in the Green Belt, having regard to the Framework and the development plan, and the effect of the appeal development on the openness of the Green Belt and purposes of including land within it
  • The effect of the appeal development on the character and appearance of the property
  • The effect of the proposal on the character and appearance of the Surrey Hills Area of Outstanding Natural Beauty (the 'AONB') and Area of Great Landscape Value (the 'AGLV')
  • If the proposed development constitutes inappropriate development in the Green Belt, whether any harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations which amount to very special circumstances required to justify a grant of planning permission for the alleged development

What decided it

The appellants failed to demonstrate that the extensions were necessary to meet their son's care needs, so their personal circumstances (given only limited weight) did not clearly outweigh the substantial Green Belt harm, AONB harm and character/appearance harm identified.

the harm to the Green Belt (substantial weight), the AONB (great weight) and the character and appearance of the dwelling was not clearly outweighed by the appellants' personal circumstances (limited weight), so very special circumstances did not exist

What the Inspector cited

Development plan policies
Policy P2Policy G5Policy D1Policy P1Policy P-NE1
National Planning Policy Framework
Paragraph 149Paragraph 137Paragraph 138Paragraph 174Paragraph 176
Judgments
Ioannou v SSCLG [2014] EWCA Civ 1432

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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More decisions in Guildford Borough Council

The authority’s record since 2016 · every decision in 2021

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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.

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.