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Dismissed19 November 20243339161

67 Links Road, Ashtead, Surrey, KT21 2HL

Planning appeal 3339161 at 67 Links Road, Ashtead, Surrey, KT21 2HL (Mole Valley District Council) was dismissed on 19 November 2024 by Inspector Buchanan R, by written representations. The main issue, as the Inspector framed it: the impact of the proposal on a European Protected Species, namely roosting bats.

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

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Buchanan R
Postcode
KT21 2HL

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.

What the Inspector cited

Development plan policies
LP Policy EN9LP Policy EN4ANP Policies AS-En3ANP Policies AS-H5LP Policy H1LP Policy S1(2)
National Planning Policy Framework
Paragraph 11

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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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.