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Planning appeal decision

Planning permission granted10 September 20243295907

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

Planning appeal 3295907 at Land on the South-East Side of 79 Guildford Road, Bagshot, GU19 5NS (Surrey Heath Borough Council) was allowed on 10 September 2024 by Inspector Bale M, following a hearing. The main issue, as the Inspector framed it: First, it is necessary to consider what the 2016 Permission was for.

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
Postcode
GU19 5NS

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.

What the Inspector cited

Judgments
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)

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 Surrey Heath Borough Council

The authority’s record since 2016 · every decision in 2024

  1. Planning permission granted12 January 20263360000
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  2. Planning permission granted14 August 20253361214
    Land Known As Hillings Nursery, Bagshot Road, Chobham, Woking, GU24 8DB
  3. Notice varied and upheld23 July 20253328661
    Browells Wood, Windlesham Road, Chobham, Woking, GU24 8SN
  4. Planning permission granted16 July 20253358154
    154 Guildford Road, West End, Woking, Surrey, GU24 9LT
  5. Notice varied and upheld3 April 20253332058
    Land at and East of Hall Grove Farm, London Road, Bagshot, Surrey, GU19 5HP

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.