Wrotham Hill Cottage, Wrotham Hill, Dunsfold, Surrey, GU8 4PA

Planning appeal 3333287 at Wrotham Hill Cottage, Wrotham Hill, Dunsfold, Surrey, GU8 4PA (Waverley Borough Council) was dismissed on 2 October 2024 by Inspector Curnow R, following a hearing. The main issue, as the Inspector framed it: The main issue in both appeals is whether the Council's decisions to refuse to issue certificates of lawfulness were well-founded.

Use of roof space of the garage building for the purposes of habitable accommodation – contrary to condition 2 of consent WA/2003/2383

Authority: Waverley Borough Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Hearing
Development: residential · Minor general industry/storage/warehousing
Inspector: Curnow R
Postcode: GU8 4PA

Main issues, as the Inspector framed them

The main issue in both appeals is whether the Council's decisions to refuse to issue certificates of lawfulness were well-founded.

What decided it

In Appeal A the container's size, degree of permanence and weight-based attachment to the land led to a finding that it constituted a 'building' and operational development; in Appeal B, post-Hearing additional evidence proved on the balance of probability that the ancillary residential use of the roof space had continued for the requisite ten years.

What the Inspector cited

Judgments: Cardiff Rating Authority v Guest Keen Baldwin's Iron and Steel Co Ltd [1949] 1QB 385; Skerritts of Nottingham Ltd v SSETR (No. 2) [2002] EWCA Civ 5569; Barvis Limited SSE and Anor [171] P&CR 1710; Cheshire CC v Woodward [1962] 2 QB 126; Gabbitas v SSE & Newham LBC [1985] JPL 630

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 Waverley Borough Council

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

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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.