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Dismissed1 November 20243331140

Land to the Rear of 17-19 Church Street, Weybridge, KT13 8DE

Planning appeal 3331140 at Land to the Rear of 17-19 Church Street, Weybridge, KT13 8DE (Elmbridge Borough Council) was dismissed on 1 November 2024 by Inspector Raygen Z, by written representations. The main issue, as the Inspector framed it: Whether the obligation continues to serve a useful purpose and would continue to serve that purpose equally well if it had effect subject to the modifications specified in the application.

Detached part four/part three/part single storey building comprising 7 flats with associated bin and cycle stores

Authority
Elmbridge Borough Council
Appeal type
other · Section 106 Agreement
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Raygen Z
Postcode
KT13 8DE

Main issues, as the Inspector framed them

  • Whether the obligation continues to serve a useful purpose and would continue to serve that purpose equally well if it had effect subject to the modifications specified in the application

What decided it

The deed of modification failed to include appropriate mechanisms to secure First Homes as affordable housing in perpetuity, particularly a charge on title documents, meaning it could not serve the purpose of the original obligation equally well.

What the Inspector cited

Development plan policies
Policy CS21

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.

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.