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Notice upheld14 November 20223290664

Legend Acres, River Lane, Farnham, GU9 8UD

Planning appeal 3290664 at Legend Acres, River Lane, Farnham, GU9 8UD (Waverley Borough Council) was dismissed on 14 November 2022 by Inspector Fagan N, by written representations. The main issue, as the Inspector framed it: Whether the matters set out in the notice constitute a breach of planning control.

without planning permission the carrying out of an engineering operation to materially change the levels of the Land in the approximate area hatched on the attached plan

Authority
Waverley Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
gypsy-gypsy · Other minor developments
Inspector
Fagan N
Postcode
GU9 8UD

Main issues, as the Inspector framed them

  • Whether the matters set out in the notice constitute a breach of planning control
  • Whether planning permission ought to be granted for the engineering operations
  • Whether the steps required by the notice exceed what is necessary to remedy any breach of planning control

What decided it

The earth movements created unacceptable potential for overlooking of the neighbouring residential property and caused harm to trees and countryside character, contrary to development plan policies, and the enforcement notice requirements were reasonable and necessary to remedy the breach.

What the Inspector cited

Development plan policies
Policy TD1Policy NE2Policy D1

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 Waverley Borough Council

The authority’s record since 2016 · every decision in 2022

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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.