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

Planning appeal 3337134 at Wrotham Hill Cottage Wrotham Hill, Dunsfold, Surrey, GU8 4PA (Waverley Borough Council) was allowed 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 · Change of use
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

Appeal A turned on the Inspector's finding, applying established case law, that the container's size, permanence and physical attachment to the land made it a 'building' amounting to operational development; Appeal B turned on the additional evidence considered after the Hearing which demonstrated continuous ancillary residential use for the requisite ten-year period.

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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Notice varied and upheld11 November 20253328599
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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.