Orchard Cottage, Hambledon Park, Vann Lane, Hambledon, GU8 4DT

Main issues, as the Inspector framed them

• Appeal A: whether there was a valid planning application before the Council, and if so, whether the application falls within the scope of Section 73 of the Act; and if so, whether it would be reasonable and necessary to remove the condition, having regard to the interests of: (i) the character and appearance of the area, including the conservation and enhancement of the SHNL and AGLV; and (ii) the Green Belt, with particular regard as to whether it would result in inappropriate development, having regard to national and local policies, including the effect upon openness where relevant; and if so, (iii) whether the harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations, including the proposed provision of affordable housing, so as to amount to the very special circumstances required to justify the proposal.
• Appeal B: (i) the effect of the proposal upon the character and appearance of the area, including the SHNL and AGLV; (ii) whether the proposal would be inappropriate development in the Green Belt, having regard to national and local policies, including the effect upon openness where relevant; and if so (iii) whether the harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations, including the proposed provision of affordable housing, so as to amount to the very special circumstances required to justify the proposal.

What decided it

The retention of Orchard Cottage would prevent the enhancement of the Surrey Hills National Landscape that was a key benefit of the original permission, and this conflict with policies requiring great weight to conserve and enhance National Landscapes could not be outweighed by the limited housing and sustainability benefits, particularly given the failure to secure affordable housing through a robust mechanism.

The Inspector found that although the Council cannot demonstrate a five-year housing land supply and the proposals would deliver one additional dwelling and affordable housing, the conflict with National Landscape policies (which have the highest level of protection in the Framework) and the loss of the landscape enhancement benefit from the original permission clearly outweighed these benefits, such that the presumption in favour of sustainable development did not apply.