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Planning appeal decision

Dismissed11 July 20243326984

Land Southwest of Grace Land, Molember Road, East Molesey, Surrey, KT8 9NH

detached two-storey house with ancillary parking

Authority
Elmbridge Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Perrins N

Main issues, as the Inspector framed them

  • the character and appearance of the area
  • whether the proposed development would increase the risk of flooding elsewhere
  • the density of development, and whether it would be an efficient use of land
  • Parking provision

What decided it

The proposal would adversely affect adjacent flood defences by restricting access for essential maintenance and potentially damaging ground anchors, creating unacceptable flood risk that engages the exception in NPPF paragraph 11 footnote 7 and prevents the presumption in favour of sustainable development from applying.

Although the development plan is out of date and the Council cannot demonstrate a 4-year housing land supply, the presumption in favour of sustainable development does not apply because the proposal poses unacceptable flood risk, which is a specific exception under NPPF paragraph 11 footnote 7; the significant harm to character and appearance and the considerable weight given to flood risk concerns outweigh any housing benefits.

Framework references: 11, 165, 226

Plan policies cited: CS Policy CS17, CS Policy CS26, Policy DM2, Policy DM7

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.