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Planning appeal decision

Planning permission granted2 December 20243327448

Land at Grid Reference 531413 150617, Deans Lane, Nutfield, Surrey, RH1 4HR

Planning appeal 3327448 at Land at Grid Reference 531413 150617, Deans Lane, Nutfield, Surrey, RH1 4HR (Tandridge District Council) was allowed on 2 December 2024 by Inspector Preston C, following a hearing. The main issue, as the Inspector framed it: The extent to which the development has effected the openness of the Green Belt and the degree to which is has encroached into the countryside.

Without planning permission; A. The material change of use of the land from woodland to a use for the stationing of residential caravan in the approximate area shown by ‘Y’ on the attached Plan ‘B’ for residential purposes and parking of vehicles. B. The formation of a hard surface in the approximate area marked in black on the attached plan ‘A’. C. Erection of fencing in the approximate area marked by a green line on the attached plan ‘B’. D. Erection of a utility building in the approximate area shown by ‘X’ on the attached plan ‘B’ and other domestic paraphernalia in association with the use of the land for the stationing of residential caravan for residential purposes

Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Preston C
Postcode
RH1 4HR

Main issues, as the Inspector framed them

  • The extent to which the development has effected the openness of the Green Belt and the degree to which is has encroached into the countryside
  • The effect on the character and appearance of the area
  • Whether the harm to the Green Belt, and any other harm, is clearly outweighed by other considerations, such as to amount to the very special circumstances necessary to justify a grant of permission

What decided it

The combined weight of significant unmet Gypsy and Traveller accommodation need, the absence of any alternative sites, and the Council's persistent failure to allocate sites clearly outweighed the limited Green Belt and other harm, amounting to very special circumstances.

the substantial harm inherent in inappropriate Green Belt development, together with limited harm to openness, encroachment and character, was clearly outweighed by the combined weight of unmet Traveller accommodation need, absence of alternative sites, persistent policy failure and personal circumstances, amounting to very special circumstances justifying the grant of permission

What the Inspector cited

Development plan policies
DP10CSP9CSP9(a)CSP9(b)CSP9(f)CSP18DP7CSP20
National Planning Policy Framework
Paragraph 142Paragraph 155
Judgments
Lisa Smith v SSLUHC [2022] EWCA Civ 1391

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 applied

The decision letter

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More decisions in Tandridge District Council

The authority’s record since 2016 · every decision in 2024

  1. Allowed29 October 20266006369
    Land at Thornhill, Westerham Road, Limpsfield, Oxted, RH8 0ED
  2. Dismissed14 October 20266008351
    Development Site West of Southwood, Waller Lane, Caterham, CR3 5EA
  3. Dismissed13 October 20266007518
    Rosemary Cottage, Smallfield Road, Horne, Horley, RH6 9JP
  4. Dismissed23 September 20266008688
    Land Adjacent to Farm View Cottage, Lingfield Road, East Grinstead, RH19 2JW
  5. Dismissed22 September 20266011736
    Land Adjacent to Oaklands Drive, Copthorne Bank, Copthorne, RH10 3JD

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.