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Dismissed5 December 20243336322

37 Fernihough Close, Weybridge, Surrey, KT13 0UY

Planning appeal 3336322 at 37 Fernihough Close, Weybridge, Surrey, KT13 0UY (Elmbridge Borough Council) was dismissed on 5 December 2024 by Inspector Jarratt P, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a certificate of lawful use or development was well-founded, in particular depending upon the interpretation of Schedule 2, Part 14 of the Town and Country Planning (General Permitted Development) (England) Order 2015, as amended.

the installation of 10 solar panels at the front roof (west facing) of 37 Fernihough Close

Authority
Elmbridge Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
utilities-energy · Householder developments
Inspector
Jarratt P
Postcode
KT13 0UY

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to grant a certificate of lawful use or development was well-founded, in particular depending upon the interpretation of Schedule 2, Part 14 of the Town and Country Planning (General Permitted Development) (England) Order 2015, as amended

What decided it

The lack of clarity in the submitted information regarding the upstand and projection of the solar panels meant the appellant failed to satisfy the burden of proof on the balance of probabilities that the proposed development would have been lawful at the time the application was made.

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.

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