®Planning appeal decision
Hyde Orchards, Hyde Lane, Churt, FARNHAM, GU10 2LP
Without planning permission: I. The material change of use of the Land to a mixed use comprising agricultural and residential use. II. The erection of a building for agricultural purposes and its conversion to a Dwelling in the approximate position marked ‘A’ on the attached plan (‘The Dwelling’)
- Authority
- Waverley Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Bond V
Main issues, as the Inspector framed them
- Whether the material change of use represents inappropriate development in the Green Belt and the effect on openness
- Whether the appeal site is a suitable location for the material change of use, having regard to policy restricting residential development in the countryside
- The effect on the character and appearance of the area having regard to the site's location within the Surrey Hills National Landscape and Area of Great Landscape Value
- Whether acceptable living conditions are afforded to residential occupants
- Human rights of the site occupants and best interests of the children
- If the material change of use represents inappropriate development in the Green Belt, whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations such as to amount to the very special circumstances necessary to justify the development
What decided it
The harm to the Green Belt by reason of inappropriateness and the substantial harms to openness, landscape character and living conditions were not clearly outweighed by the limited benefits of a single substandard dwelling in the context of housing underdelivery, such that very special circumstances did not exist.
The substantial harms to the Green Belt (definitional and openness), materially harmful effects on character and appearance of the Surrey Hills National Landscape and Area of Great Landscape Value, unsuitability of location for residential development in the countryside, and failure to provide adequate living conditions were not clearly outweighed by the provision of one residential unit in the context of significant housing underdelivery and human rights considerations, such that very special circumstances did not exist.
Framework references: 154, 143, 84, 189, 153, 11
Plan policies cited: Policy RE2, Policy SP1, Policy SP2, Policy DM15, Policy DM16, Policy RE3, Policy DM4, Policy DM1, Policy TD1, Policy DM5
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.