Planning appeal decision
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.
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