Planning appeal decision
The Land Known As Happy Acres, Russ Hill, Charlwood, Horley, RH6 0EL
Planning appeal 3311636 at The Land Known As Happy Acres, Russ Hill, Charlwood, Horley, RH6 0EL (Mole Valley District Council) was dismissed on 24 August 2023 by Inspector Douglas L, following a hearing. The main issue, as the Inspector framed it: Whether the breaches of planning control are inappropriate development in the Green Belt, having regard to the National Planning Policy Framework (the Framework) and any relevant development plan policies.
Without planning permission the erection of: 1. A sand school (marked 1 on the attached plan). 2. A stable building (marked 2 attached plan). 3. A kennel building (marked 3 on the attached plan). 4. A building (marked 4 on the attached plan). 5. An entrance gate, brick piers, brick walling and brick paved entrance way (marked 5 on the attached plan)
- Authority
- Mole Valley District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- other · Other minor developments
- Inspector
- Douglas L
- Postcode
- RH6 0EL
Main issues, as the Inspector framed them
- Whether the breaches of planning control are inappropriate development in the Green Belt, having regard to the National Planning Policy Framework (the Framework) and any relevant development plan policies
- If any of the breaches of planning control are inappropriate development, their effect on the openness of the Green Belt
- The effect of the breaches of planning control on the character and appearance of the area
- The effect of the breaches of planning control on biodiversity, including protected species, with particular regard to great crested newts and reptiles
- If any of the breaches of planning control are inappropriate development, 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 development
What decided it
Whether a realistic fallback position (principally under the GPDO) or other considerations amounted to very special circumstances clearly outweighing the Green Belt and other harm identified for each individual breach determined whether permission was granted or refused.
For the sand school, stable building, kennel building and the gate/piers/walls in Notice A, the very special circumstances (including a realistic GPDO fallback) clearly outweighed the limited or low Green Belt harm, so permission was granted; for the outbuilding and gate/piers/walls in Notice B and the barn/hardstanding in Notice A, no material considerations outweighed the harm identified, so permission was refused.
What the Inspector cited
- Development plan policies
- Policy CS 1Policy CS 14Policy CS 15Saved Policy ENV4Saved Policy ENV15Saved Policy ENV22Saved Policy ENV23Saved Policy ENV25Saved Policy ENV57Saved Policy RUD9Saved Policy RUD14Saved Policy RUD17Saved Policy REC14
- National Planning Policy Framework
- Paragraph 137Paragraph 138Paragraph 147Paragraph 148Paragraph 149Paragraph 150
- Judgments
- Cardiff Rating Authority v Guest Keen Baldwin's Iron and Steel Co Ltd [1949] 1QB 385; Skerritts of Nottingham Ltd v SSETR (No.2) [2000] 2 PLR 102
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 appliedThe decision letter
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The authority’s record since 2016 · every decision in 2023
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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.
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