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Planning appeal decision

Allowed21 December 20223300875

Glanmire Farm, Rushett Lane, Epsom, KT18 7TR

demolition of existing stables and barn and erection of a single dwelling and replacement stables together with associated parking and landscaping

Authority
Royal Borough of Kingston Upon Thames
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
residential · Minor Dwellings
Inspector
Nicholls H

Main issues, as the Inspector framed them

  • whether the proposal would be inappropriate development in the Green Belt and whether it would affect openness
  • the effects of the proposal on employment opportunities
  • whether the proposal would be located so as to minimise the dependency on private vehicles
  • whether the proposal would represent an efficient use of land, having regard to the scale of the dwelling/s
  • if relevant, whether any harm, by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations, so as to amount to the very special circumstances required to justify the proposal

What decided it

The determining factor was the differential impact of each scheme on the openness of the Green Belt: Appeal A caused no greater impact than the existing development (permitted under paragraph 149(g)), while Appeal B did, making it inappropriate development for which no very special circumstances existed.

For Appeal A, under the tilted balance the benefits of housing delivery, sustainable design, economic activity and minor biodiversity gains were not significantly and demonstrably outweighed by the adverse impacts, so the appeal was allowed; for Appeal B, the same benefits did not clearly outweigh the harm to Green Belt openness and the parking overprovision so as to amount to very special circumstances, so the appeal was dismissed.

Framework references: 149, 150, 11, 80

Plan policies cited: Core Strategy Policy DM5, Policy G2 (London Plan), Policy DM4, Policy DM17, Policy DM9, Policy T6, Policy T6.1, Policy D6

Judgments cited: Turner v SSCLG & East Dorset Council [2016] EWCA Civ 466; Braintree District Council v SoS CLG & Ors [2018] EWCA Civ 610

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.