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Planning appeal decision

Quashed On Legal Grounds27 February 20253322983

Land at Allesley Farm, Farleigh Road, Warlingham, CR6 9PE

‘Retrospective use of the land and buildings for car sales’

Authority
Tandridge District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
retail · Change of use
Inspector
Bond V

Main issues, as the Inspector framed them

  • Whether the appeal development represents inappropriate development in the Green Belt having regard to the Revised Framework and relevant development plan policies, including the effect on character and appearance of the surrounding area (taking into consideration its location within the Conservation Area and Area of Great Landscape Value) and on the setting of the Grade II listed building at Elm Farm House
  • The effect of the appeal development on the openness of the Green Belt
  • The effect of the appeal development on the living conditions of neighbouring occupants with particular regard to noise and disturbance
  • 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 appeal development

What decided it

The appeal development, being a low-intensity car sales use in existing buildings with a largely concealed position, preserves Green Belt openness and the character and appearance of the Conservation Area and listed building setting, and does not materially harm neighbouring living conditions, thereby falling within the paragraph 154(h) exception for re-use of buildings.

Framework references: 143, 154, 155

Plan policies cited: Policy DP10, Policy DP13, Policy DP20, Policy DP7, Policy CSP20, Policy CSP21, Policy CSP18

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.