Land on the South-East Side of 79 Guildford Road, Bagshot, GU19 5NS

Without planning permission; Operational development consisting of the partial erection of a new dwelling on the land in connection with no longer extant planning permission 16/0281. Additionally, the unauthorised alteration of land levels, including the installation of a hard surface. The unauthorised installation of temporary structures including stationing of mobile homes, containers, skips and other moveable structure on the land as well as the storage of building materials, vehicles, plant and machinery in connection with these unauthorised operations and the material change of use of the land to a separate residential planning unit by subdivision” [sic]

Authority: Surrey Heath Borough Council
Appeal type: enforcement · Enforcement Notice
Procedure: Hearing
Development: residential · Other minor developments
Inspector: Bale M

Main issues, as the Inspector framed them

First, it is necessary to consider what the 2016 Permission was for
Second, whether the terms of any conditions might have rendered a commencement unlawful
Third, whether the extension of the existing dwelling is incompatible with the implementation of that Permission

What decided it

The 2016 planning permission did not require the existing dwelling to be completely demolished before the new dwelling could lawfully be erected, so the partial construction was found to have been carried out pursuant to that extant permission and not in breach of planning control.

Judgments cited: Lambeth London Borough Council v SoS Housing, Communities and Local Government and others [2019] UKSC 33; R. (oao Hart Aggregates Ltd) v Hartlepool BC [2005] EWHC 840 (Admin)

Read the decision letter on the Inspectorate’s site

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.