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Planning appeal decision

Notice varied and upheld16 February 20243303073

2 The Nest, Abinger Road, Coldharbour, Dorking, Surrey, RH5 6HD

Planning appeal 3303073 at 2 The Nest, Abinger Road, Coldharbour, Dorking, Surrey, RH5 6HD (Mole Valley District Council) was allowed in part (a split decision) on 16 February 2024 by Inspector Hocking P, by written representations. The main issue, as the Inspector framed it: Whether the alleged breach of planning control (unauthorised retaining wall with external cladding) has occurred as a matter of fact.

Without planning permission, the carrying out of an unauthorised development creating a retaining wall with external cladding

Authority
Mole Valley District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Hocking P
Postcode
RH5 6HD

Main issues, as the Inspector framed them

  • Whether the alleged breach of planning control (unauthorised retaining wall with external cladding) has occurred as a matter of fact
  • Whether the requirements of the enforcement notice exceed what is necessary to remedy the injury to amenity
  • Whether the time given to comply with the enforcement notice is reasonable

What decided it

The requirements of the enforcement notice as originally drafted were excessive and imprecise in remedying the injury to amenity, and the compliance period was too short, but these defects could be cured by correction and variation of the notice.

The decision letter

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More decisions in Mole Valley District Council

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

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  5. Notice varied and upheld24 November 20253361153
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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.