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Planning appeal decision

Notice varied and upheld15 December 20233310766

11 Knights Road, Farnham, Surrey, GU9 9BX

Planning appeal 3310766 at 11 Knights Road, Farnham, Surrey, GU9 9BX (Waverley Borough Council) was allowed in part (a split decision) on 15 December 2023 by Inspector Hocking P, by written representations. The main issue, as the Inspector framed it: Whether the alleged breach of planning control, namely the change of use of the building to a dwelling for independent residential use, has occurred as a matter of fact.

Without planning permission, the change of use of an outbuilding from a use that is ancillary to the primary dwellinghouse to that of a dwelling with an independent residential use

Authority
Waverley Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Hocking P
Postcode
GU9 9BX

Main issues, as the Inspector framed them

  • Whether the alleged breach of planning control, namely the change of use of the building to a dwelling for independent residential use, has occurred as a matter of fact
  • Whether there has been a breach of planning control
  • Whether at the date the notice was issued it was too late to take enforcement action
  • Whether the steps required by the notice exceed what is necessary to remedy the breach
  • Whether the time given to comply with the notice is reasonable

What decided it

The subdivision of the appeal site into two separate residential planning units when the original dwelling was rented to unrelated occupiers, breaking the physical and functional link that had previously justified ancillary use, constituted a breach of planning control requiring enforcement action.

The decision letter

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More decisions in Waverley Borough Council

The authority’s record since 2016 · every decision in 2023

  1. Notice varied and upheld17 April 20263374518
    Highfield Heights Farm Guildford Road, Runfold, Farnham, GU10 1PN
  2. Dismissed11 March 20263361018
    Busbridge Lane, Godalming, Surrey, GU7 1PU
  3. Notice varied and upheld7 January 20263348184
    Hyde Orchards, Hyde Lane, Churt, Farnham, GU10 2LP
  4. Notice upheld11 November 20253370074
    11 Broomwood Way, Lower Bourne, Farnham, GU10 3LP
  5. Notice varied and upheld11 November 20253328599
    Old Park Lane, Farnham, Surrey, GU10 5AA

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.

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