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Planning appeal decision

Quashed On Legal Grounds18 February 20253347934

Land south of Cidermill Hatch, Partridge Lane, Newdigate, DORKING, RH5 5BP

a two pitch settled gypsy accommodation site including widening of existing access. Appeal

Authority
Mole Valley District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Willows P

Main issues, as the Inspector framed them

  • Whether the development is inappropriate within the Green Belt, having regard to the National Planning Policy Framework and any relevant development plan policies
  • The effect of the development on the openness of the Green Belt and its purposes
  • Whether the development accords with local and national policies concerning the location of gypsy and traveller accommodation
  • The effect of the development on the character and appearance of the area
  • Whether the site is suitably located in terms of access to necessary services, facilities and public transport
  • If the development is inappropriate, whether any harm to the Green Belt, and any other harm, is clearly outweighed by other considerations, including any need for the development and the personal circumstances of those living at the site, so as to amount to the very special circumstances necessary to justify the development

What decided it

The Council's inability to demonstrate an up-to-date 5-year supply of deliverable Gypsy and Traveller pitches triggered the paragraph 11(d) tilted balance, which was not outweighed by the identified harms.

The character and Green Belt policy conflicts and the harm of intentional unauthorised development were outweighed by the lack of a 5-year pitch supply, the sustainability benefits of a settled base, and limited personal need, so that the adverse impacts did not significantly and demonstrably outweigh the benefits and permission was granted.

Framework references: 154, 155, 143, 110, 115, 11

Plan policies cited: Policy EN1, Policy H5, Policy EN4, Policy EN8, Policy INF1

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.