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Dismissed28 November 20253339252

35 Hollingworth Close, West Molesey, KT8 2TW

Planning appeal 3339252 at 35 Hollingworth Close, West Molesey, KT8 2TW (Elmbridge Borough Council) was dismissed on 28 November 2025 by Inspector McGlone A, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse the application was well founded, turning on whether the appellant can show on the balance of probability that the appeal site has been used as a residential garden for a continuous period of ten years.

to regularise the change of use from amenity land to residential garden land

Authority
Elmbridge Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Change of use
Inspector
McGlone A
Postcode
KT8 2TW

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse the application was well founded, turning on whether the appellant can show on the balance of probability that the appeal site has been used as a residential garden for a continuous period of ten years

What decided it

The appellant failed to demonstrate that the appeal site had been used as a residential garden for the continuous ten-year period required by section 191 of the Town and Country Planning Act 1990, as the material change of use occurred only in May 2015, approximately eight years before the application date.

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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