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Planning appeal decision

Allowed23 December 20243331023

Land rear of Opus 1, Bay Tree Avenue, KT22 7LA

redevelopment to provide residential units; landscaping; associated undercroft car parking, refuse and cycle storage. This

Authority
Mole Valley District Council
Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
residential · Major dwellings
Inspector
Lawrence R

Main issues, as the Inspector framed them

  • the effect of the proposal on the living conditions of neighbouring occupiers of Opus Court with regard to outlook and privacy
  • the character and appearance of the area
  • whether the proposal would provide a suitable standard of accommodation for future occupiers with regard to amenity space provision

What decided it

The Council's persistent failure to deliver housing (below 75% of target) triggered the tilted balance under paragraph 11dii of the Framework, such that the substantial benefits of delivering 50 dwellings on a brownfield site in a sustainable location outweighed the considerable harm to neighbouring outlook.

The considerable harm to the living conditions of neighbouring occupiers in terms of outlook, which conflicted with the development plan, was outweighed by the substantial benefits of delivering 50 dwellings in a location with persistent housing delivery shortfalls, the economic benefits of construction and town centre vitality, and the use of suitable brownfield land within a sustainable settlement location.

Framework references: 11

Plan policies cited: Policy EN4

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.