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Planning appeal decision

Dismissed13 October 20233315617

90 Fairmile Lane , Cobham, Surrey, KT11 2DA

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

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.

Framework references: 11

Plan policies cited: DM2, DM6, DM10

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.