®Planning appeal decision
Land Known As Four Acre Upper Woods, Fort Lane, Reigate, Surrey, KT20 7BA
Planning appeal 3294878 at Land Known As Four Acre Upper Woods, Fort Lane, Reigate, Surrey, KT20 7BA (Reigate and Banstead Borough Council) was allowed in part (a split decision) on 31 March 2023 by Inspector Peerless K, by written representations. The main issue, as the Inspector framed it: On Appeal B: whether the Council's decision to refuse the application for a LDC was well founded or whether the trackway has been in use as such for at least 10 years prior to the date of the application for a LDC.
the development consisting of:- 1. The importation of large quantities of chalk onto the land (laid in piles for the creation of a proposed track) in the approximate location marked as a black dashed line between point A to B on the plan attached to the enforcement notice. 2. The creation of a raised chalk track across the land in the approximate location marked as a black dashed line between point C to D on the attached plan
- Authority
- Reigate and Banstead Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- other · Other minor developments
- Inspector
- Peerless K
- Postcode
- RH2 9RN
Main issues, as the Inspector framed them
- On Appeal B: whether the Council's decision to refuse the application for a LDC was well founded or whether the trackway has been in use as such for at least 10 years prior to the date of the application for a LDC
- On Appeal A, ground (c): whether the development enforced is a breach of planning control that requires a grant of planning permission to authorise it
- On Appeal A, ground (a): whether the development that has been carried out represents inappropriate development within the Green Belt and, if so, whether there are any material considerations that outweigh the harm caused by such development and are sufficient to justify the proposal on the grounds of very special circumstances
- On Appeal A, ground (a): the effect of the proposed track on the character and appearance of the Area of Outstanding Natural Beauty (AONB) and Area of Great Landscape Value (AGLV)
What decided it
The Inspector's assessment of aerial photographic evidence and site inspection findings that the track from A to E had been in use for the requisite 10-year period, while the chalk piles between E and B lacked any authorised purpose and caused unacceptable harm to Green Belt openness and landscape character.
What the Inspector cited
- Development plan policies
- CS2CS3NHE1NH5
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 appliedThe decision letter
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With an account
What an account adds to this decision
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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.