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Planning appeal decision

Split Decision31 March 20233294878

Land Known as Four Acre Upper Woods, Fort Lane, Reigate, Surrey, KT20 7BA

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

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.

Plan policies cited: CS2, CS3, NHE1, NH5

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.