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Planning appeal decision

Dismissed4 December 20243298141

66A Rook Lane, Chaldon, CR3 5AD

‘extension to hardstanding and internal and external alterations to building’

Authority
Tandridge District Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Not Applicable
Inspector
Brownless E

Main issues, as the Inspector framed them

  • Appeal A: whether the Council's decision to refuse a certificate of lawful use or development was well-founded
  • Appeal B (hardstanding): whether the development is inappropriate development in the Green Belt; the effect on openness of the Green Belt; the effect on living conditions of neighbouring occupiers with regard to noise and disturbance; whether harm is clearly outweighed by other considerations
  • Appeal B (internal and external alterations): whether the variation of Condition 2 of the 2019 Permission is reasonable and necessary; whether the development is inappropriate development in the Green Belt; the effect on openness of the Green Belt; whether harm is clearly outweighed by other considerations

What decided it

For Appeal A: the absence of a functional relationship between the proposed ancillary uses and the primary garage/workshop use meant the activities would constitute a primary use in their own right, requiring planning permission. For Appeal B (hardstanding): the substantial harm to Green Belt openness and neighbouring living conditions through noise and disturbance, with no very special circumstances to outweigh this harm. For Appeal B (alterations): the alterations did not result in disproportionate additions as the external footprint and volume remained unchanged, falling within the paragraph 154(c) exception.

Framework references: 90, 154, 155

Plan policies cited: Policy DP10, Policy DP13, Policy DP7, Policy CSP18

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.