®Planning appeal decision
Land Rear of Opus 1, Bay Tree Avenue, KT22 7LA
Planning appeal 3331023 at Land Rear of Opus 1, Bay Tree Avenue, KT22 7LA (Mole Valley District Council) was allowed on 23 December 2024 by Inspector Lawrence R, by written representations. The main issue, as the Inspector framed it: the effect of the proposal on the living conditions of neighbouring occupiers of Opus Court with regard to outlook and privacy.
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
- Postcode
- KT22 7LA
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.
What the Inspector cited
- Development plan policies
- Policy EN4
- National Planning Policy Framework
- Paragraph 11
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 appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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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.