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Planning appeal decision

Dismissed18 June 20243335960

Land to the Rear of Elderslie, Stane Street, Ockley, Surrey, RH5 5TD

full planning application for the erection of 42 residential dwellings (Class C3) with formation of a new vehicular access, associated landscaping, drainage and parking

Authority
Mole Valley District Council
Appeal type
major · Planning Appeal
Procedure
Hearing
Development
residential · Major dwellings
Inspector
Nicholls H

Main issues, as the Inspector framed them

  • whether the scale and location of the development accords with the development plan
  • the effects of the proposal on the character and appearance of site and surrounding area
  • the effects of the proposal on the significance of designated heritage assets: Ockley Conservation Area, Elderslie and Orchard Cottage
  • whether or not the Council can demonstrate an adequate supply of housing land

What decided it

The cumulative less than substantial heritage harm to Elderslie, Ockley Conservation Area and Orchard Cottage was not outweighed by the public benefits, disengaging the tilted balance and resulting in conflict with the development plan as a whole.

The substantial weight given to housing delivery (including 17 affordable dwellings) and lesser benefits (bus service contribution, dropped kerbs, economic benefits) did not outweigh the less than substantial heritage harm to Elderslie, the Conservation Area and Orchard Cottage, nor the harm to landscape character, and the balance tipped against the scheme.

Framework references: 11, 208

Plan policies cited: Policy CS1, Policy CS2, Policy CS13, Policy CS14, Policy ENV3, Policy ENV22, Policy ENV23, Policy ENV39, Policy ENV43, Policy MOV2

Judgments cited: Wheatcroft Ltd V SSE [1982]; Holborn Studios Ltd v LBH [2017] EWHC 2823

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.