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Planning appeal decision

Dismissed19 November 20243339161

67 Links Road, ASHTEAD, Surrey, KT21 2HL

erection of 3 No. detached houses following demolition of the existing house

Authority
Mole Valley District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Buchanan R

Main issues, as the Inspector framed them

  • the impact of the proposal on a European Protected Species, namely roosting bats
  • its effect on the character and appearance of the area, including the site
  • the effect of the access road and Plot 2 dwelling on the living conditions of the occupants of No.65 Links Road, having regard to external amenity space and outlook
  • whether the Plot 2 dwelling would provide satisfactory living conditions for occupants, having regard to outlook, external amenity space and (also for occupants of the Plot 3 dwelling) bin storage and collection

What decided it

The absence of up-to-date bat surveys and the inability to condition a further survey before permission is granted means the appellant has not demonstrated that there would be no unacceptable adverse impact on roosting bats, a European Protected Species, contrary to LP Policy EN9.

The modest benefits of housing delivery (moderate weight) were significantly and demonstrably outweighed by the substantial weight of the unmitigated harm to a European Protected Species, such that the tilted balance presumption in favour of sustainable development did not apply.

Framework references: 11

Plan policies cited: LP Policy EN9, LP Policy EN4, ANP Policies AS-En3, ANP Policies AS-H5, LP Policy H1, LP Policy S1(2)

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.