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Split Decision7 May 20253349950

Field House Babylon Lane, Lower Kingswood, Tadworth, KT20 6XE

Planning appeal 3349950 at Field House Babylon Lane, Lower Kingswood, Tadworth, KT20 6XE (Reigate and Banstead Borough Council) was allowed in part (a split decision) on 7 May 2025 by Inspector Buchanan R, by written representations. The main issue, as the Inspector framed it: Whether the Council's refusal to grant a certificate of lawfulness was well founded.

Use of land as residential garden land

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Buchanan R
Postcode
KT20 6XE

Main issues, as the Inspector framed them

  • Whether the Council's refusal to grant a certificate of lawfulness was well founded

What decided it

The appellant demonstrated on the balance of probabilities that use of part of the land as residential garden land had begun 10 years before the relevant date and continued without significant interruption, but failed to establish this for all of the land with sufficient precision and unambiguity.

The decision letter

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More decisions in Reigate and Banstead Borough Council

The authority’s record since 2016 · every decision in 2025

  1. Dismissed29 October 20266014528
    13 Weald Way, Reigate, RH2 7RG
  2. Dismissed19 October 20266008015
    Boreham House, Alocks Lane, Kingswood, KT206BB
  3. Allowed5 October 20266007999
    Land Adjacent to 'Clouds', Rockshaw Road, Merstham, RH1 3BZ
  4. Invalid5 October 20266007401
    50 Nutfield Road, Merstham, RH1 3EP
  5. Allowed28 September 20266007410
    50 Nutfield Road, Merstham, RH1 3EP

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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