®Planning appeal decision
90 Fairmile Lane , Cobham, Surrey, KT11 2DA
Planning appeal 3315617 at 90 Fairmile Lane , Cobham, Surrey, KT11 2DA (Elmbridge Borough Council) was dismissed on 13 October 2023 by Inspector Guest H, by written representations. The main issue, as the Inspector framed it: Whether the proposal would provide acceptable living conditions for future occupants, with particular regard to daylight and sunlight.
erection of a five-bedroom detached house with rooms in the roof and creation of new access, and a three-bedroom detached bungalow with rooms in the roof, together with on-site parking and hard and soft landscaping
- Authority
- Elmbridge Borough Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Guest H
- Postcode
- KT11 2DA
Main issues, as the Inspector framed them
- Whether the proposal would provide acceptable living conditions for future occupants, with particular regard to daylight and sunlight
- The effect of the proposal on the character and appearance of the area, with particular regard to protected trees
- The effect of the proposal on the living conditions of the occupants of No. 92 Fairmile Lane, with particular regard to privacy
What decided it
The tangible risk that the proposal would result in future pressure to extensively prune or remove the protected Oak tree, combined with insufficient evidence of acceptable daylight and sunlight for the proposed dwelling, meant the adverse impacts significantly and demonstrably outweighed the housing benefits.
Under paragraph 11(d) of the Framework, the adverse impacts of harm to living conditions regarding daylight and sunlight and harm to character and appearance from potential loss or extensive pruning of the protected Oak tree outweighed the benefits of housing delivery and modest social and economic benefits.
What the Inspector cited
- Development plan policies
- DM2DM6DM10
- National Planning Policy Framework
- Paragraph 11
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
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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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.