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Quashed On Legal Grounds24 January 20233282731

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

Planning appeal 3282731 at Land at Warehams Farmhouse, Sutton Green Road, Sutton Green, Guildford, Surrey, GU4 7QH (Woking Borough Council) was decided (quashed on legal grounds) on 24 January 2023 by Inspector Boffin D, following a hearing. The main issue, as the Inspector framed it: 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.

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
Postcode
GU4 7QH

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.

What the Inspector cited

Development plan policies
Policy CS6Policy DM13Policy DM9
National Planning Policy Framework
Paragraph 147Paragraph 148Paragraph 149Paragraph 57
Judgments
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)

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 Woking Borough Council

The authority’s record since 2016 · every decision in 2023

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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.