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Allowed21 December 20223300875

Glanmire Farm, Rushett Lane, Epsom, KT18 7TR

Planning appeal 3300875 at Glanmire Farm, Rushett Lane, Epsom, KT18 7TR (Royal Borough of Kingston Upon Thames) was allowed on 21 December 2022 by Inspector Nicholls H, following a hearing. The main issue, as the Inspector framed it: whether the proposal would be inappropriate development in the Green Belt and whether it would affect openness.

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

Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
residential · Minor Dwellings
Inspector
Nicholls H
Postcode
KT18 7TR

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.

What the Inspector cited

Development plan policies
Core Strategy Policy DM5Policy G2 (London Plan)Policy DM4Policy DM17Policy DM9Policy T6Policy T6.1Policy D6
National Planning Policy Framework
Paragraph 149Paragraph 150Paragraph 11Paragraph 80
Judgments
Turner v SSCLG & East Dorset Council [2016] EWCA Civ 466; Braintree District Council v SoS CLG & Ors [2018] EWCA Civ 610

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 Royal Borough of Kingston Upon Thames

The authority’s record since 2016 · every decision in 2022

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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.