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Planning appeal decision

Dismissed24 November 20213277427

Burstow Bridge Cottage, Church Lane, Burstow, Horley, Surrey, RH6 9TG

Planning appeal 3277427 at Burstow Bridge Cottage, Church Lane, Burstow, Horley, Surrey, RH6 9TG (Tandridge District Council) was dismissed on 24 November 2021 by Inspector Thomas N, by written representations. The main issue, as the Inspector framed it: Whether the two outbuildings are permitted development under Class E of Schedule 2 Part 1 of the GPDO as buildings incidental to the enjoyment of the dwellinghouse.

Erection of two outbuildings (garage/store building and summerhouse/garden room)

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Householder developments
Inspector
Thomas N
Postcode
RH6 9TG

Main issues, as the Inspector framed them

  • Whether the two outbuildings are permitted development under Class E of Schedule 2 Part 1 of the GPDO as buildings incidental to the enjoyment of the dwellinghouse

What decided it

The appellant failed to provide sufficient evidence to demonstrate on the balance of probabilities that the buildings, given their substantial size relative to the modest bungalow, were genuinely and reasonably required for purposes incidental to the enjoyment of the dwellinghouse.

What the Inspector cited

Judgments
Emin v SSE & Mid Sussex DC [1989] JPL 909; Wallington v SSW & Montgomeryshire DC [1990] JPL 112; Wallington v SSW & Montgomeryshire DC [1991] JPL; Holding v FSS & Thurrock BC [2004] JPL 1405; Croydon LBC v Gladden [1994] 1 PLR 30; Peche d'Or Investments v SSE & another [1996] JPL 311

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 Tandridge District Council

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

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  3. Dismissed15 October 20266005184
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  4. Dismissed14 October 20266008351
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  5. Dismissed13 October 20266007518
    Rosemary Cottage, Smallfield Road, Horne, Horley, RH6 9JP

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.