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Notice varied and upheld14 March 20243325063

Plot 1a, Oaklands Farm / Park, Glaziers Lane, Normandy, Guildford, GU3 2SF

Planning appeal 3325063 at Plot 1a, Oaklands Farm / Park, Glaziers Lane, Normandy, Guildford, GU3 2SF (Guildford Borough Council) was allowed in part (a split decision) on 14 March 2024 by Inspector Orr H, following a hearing. The main issue, as the Inspector framed it: The effect of the operational development on the openness of the Green Belt and the purposes of including land within it.

(i) The making of a material change of use to the use of the land for residential purposes through the stationing of caravans; (ii) The erection on the land of three buildings, gate and fencing; (iii) The laying of hardsurfacing to facilitate the stationing of caravans and the development outlined in (i) and (ii) above. The requirements of the notice are: (i) Cease the residential use of the Land; (ii) Remove from the Land all caravans, vehicles, buildings, fencing, gates and all paraphernalia brought onto the Land to facilitate the residential use of the Land (iii) Dig up and remove all hardstanding from the Land; (iv) Remove from the Land all materials, rubble, rubbish and debris arising from steps (ii) to (iii) above; and (v) Reseed the Land with grass

Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Orr H
Postcode
GU3 2SF

Main issues, as the Inspector framed them

  • The effect of the operational development on the openness of the Green Belt and the purposes of including land within it
  • The effect of the development on the Thames Basin Heaths Special Protection Area (TBHSPA)
  • Whether the harm to the Green Belt and any other harm, is clearly outweighed by other considerations, so as to amount to the very special circumstances necessary to justify the grant of planning permission

What decided it

The substantial harm from inappropriateness together with the additional moderate harm to openness was not clearly outweighed by the personal circumstances, the lack of alternative sites and other benefits, so very special circumstances were not established.

the substantial harm by reason of inappropriateness and the moderate additional loss of openness outweighed the personal circumstances of the appellant's family, the benefits of a settled base and the lack of alternative sites, such that very special circumstances did not exist

What the Inspector cited

Development plan policies
Policy P2
National Planning Policy Framework
Paragraph 142
Judgments
Turner v SSCLG & East Dorset Council [2016] EWCA Civ 466

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.

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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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