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Dismissed20 August 20243321878

3 Claremont Park Road, Esher, Surrey, KT10 9LT

Planning appeal 3321878 at 3 Claremont Park Road, Esher, Surrey, KT10 9LT (Elmbridge Borough Council) was dismissed on 20 August 2024 by Inspector Whalley J, by written representations. The main issue, as the Inspector framed it: Whether the erection of entrance gates and piers to a height of 2.0m constitutes permitted development under Schedule 2, Part 2, Class A of the Town and Country Planning (General Permitted Development) Order 2015, specifically whether Claremont Park Road is a highway for the purposes of the height restriction.

Erection of entrance gates and piers to a height of 2.0m

Authority
Elmbridge Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Householder developments
Inspector
Whalley J
Postcode
KT10 9LT

Main issues, as the Inspector framed them

  • Whether the erection of entrance gates and piers to a height of 2.0m constitutes permitted development under Schedule 2, Part 2, Class A of the Town and Country Planning (General Permitted Development) Order 2015, specifically whether Claremont Park Road is a highway for the purposes of the height restriction

What decided it

The Technical Guidance definition of highway for the purposes of the Order includes private ways, meaning the 1m height restriction applies to Claremont Park Road regardless of its private status, and the proposed 2.0m gates exceed this limit.

The 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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