Planning appeal decision
Land at Sandcross Lane, Reigate, RH2 8HH
Planning appeal 3317013 at Land at Sandcross Lane, Reigate, RH2 8HH (Reigate and Banstead Borough Council) was dismissed on 30 November 2023 by Inspector Kean G, following a hearing. The main issue, as the Inspector framed it: Whether the development as a sustainable urban extension (SUE), in the absence of a five-year housing land supply shortfall, should be released for development, in light of Policy MLS1 of the Council's Development Management Plan 2019 and the 'urban area first' strategy in Policy CS6 of the Council's Core Strategy 2014.
outline application with all matters reserved, except access, for the phased development of a mixed-use residential-led new Sustainable Urban Extension at land south west of Reigate, comprising up to 300 residential dwellings, including, approximately 65 bed care home; 3 traveller pitches; a replacement scout hut; a retail/commercial use; a country park; and associated open spaces, landscaping and infrastructure. Summary
- Authority
- Reigate and Banstead Borough Council
- Appeal type
- major · Planning Appeal
- Procedure
- Hearing
- Development
- residential · Major dwellings
- Inspector
- Kean G
- Postcode
- RH2 8HH
Main issues, as the Inspector framed them
- Whether the development as a sustainable urban extension (SUE), in the absence of a five-year housing land supply shortfall, should be released for development, in light of Policy MLS1 of the Council's Development Management Plan 2019 and the 'urban area first' strategy in Policy CS6 of the Council's Core Strategy 2014
- Whether adequate provision would be secured for any additional need for health care facilities, scout facility, highway and public transport improvements, and on-site affordable housing
- Whether now is the right time to release the appeal site which forms the majority of allocated site SSW2 for development, and if not, the weight to be given to the benefits occasioned by the proposal
What decided it
The Inspector concluded it was not 'necessary' under DMP Policy MLS1 to release the SUE site now, because the Council could not be shown to have a clear 5YHLS shortfall and the 'urban area first' strategy justified keeping the SUE in reserve.
The very significant benefits of the scheme, including housing and affordable housing delivery, were insufficient to outweigh the substantial and considerable harm caused to the development plan policy for SUE release, so the proposal did not comply with the development plan as a whole and permission was refused.
What the Inspector cited
- Development plan policies
- Policy MLS1Policy MLS1.1Policy MLS1.2Policy MLS1.3Policy CS6Policy CS8Policy CS13Policy CS14Policy CS15Policy DES4Policy DES6Policy SSW2
- National Planning Policy Framework
- Paragraph 60Paragraph 61Paragraph 74Paragraph 11Paragraph 219
- Judgments
- East Riding of Yorkshire Council v. Secretary of State for Levelling up, Housing and Communities [2021] EWHC 3271 (Admin)
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 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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