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Planning appeal decision

Quashed On Legal Grounds24 January 20233282731

Land at Warehams Farmhouse, Sutton Green Road, Sutton Green, GUILDFORD, Surrey, GU4 7QH

erection of extension to dwelling, consisting of pool house, plant room, loggia and garage / car port (Part Retrospective application). Summary

Authority
Woking Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
residential · Householder developments
Inspector
Boffin D

Main issues, as the Inspector framed them

  • Whether the alleged breach of planning control/the development constitutes inappropriate development in the Green Belt, having regard to the development plan and the National Planning Policy Framework
  • If the alleged breach of planning control/development constitutes inappropriate development in the Green Belt its effect on the openness and purposes of the Green Belt
  • Whether the development would constitute ancillary accommodation with regard to the development plan
  • Whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations. If so, whether this amounts to the very special circumstances required to justify the alleged breach of planning control/development

What decided it

The unilateral undertaking securing demolition of the existing stables and preventing implementation of the extant 2008 stables permission was found to attract considerable weight that clearly outweighed the identified Green Belt harm, establishing very special circumstances.

The substantial weight attached to the Green Belt harm (inappropriateness and modest loss of openness) was clearly outweighed by the considerable weight given to the unilateral undertaking securing demolition of the existing stables and non-implementation of the 2008 stables permission, such that very special circumstances existed to justify the development.

Framework references: 147, 148, 149, 57

Plan policies cited: Policy CS6, Policy DM13, Policy DM9

Judgments cited: Dunnett Investments Ltd v SSCLG & East Dorset DC [2017] EWCA Civ 192; Trump International Golf Club Scotland Limited v Scottish Ministers [2015] UKSC 74; [2016] 1 WLR 85; RSBS Developments Ltd v SSHCLG & Brent LBC [2020] EWHC 3077 (Admin); Warwick DC v SSLUHC, Mr J Storer & Mrs A Lowe [2022] EWHC 2145 (Admin)

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.