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Dismissed4 June 20253355577

Land North of 2 Littleheath Farm Cottage, Steels Lane, Oxshott, Surrey, KT22 0RX

Planning appeal 3355577 at Land North of 2 Littleheath Farm Cottage, Steels Lane, Oxshott, Surrey, KT22 0RX (Elmbridge Borough Council) was dismissed on 4 June 2025 by Inspector Wallace J, by written representations. The main issue, as the Inspector framed it: whether the proposal is subject to the mandatory requirements for biodiversity net gain, and if so, does it comply with them.

conversion of existing detached outbuilding to create a self-contained 2 bedroom residential dwelling house with associated external alterations and parking

Authority
Elmbridge Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Wallace J
Postcode
KT22 0RX

Main issues, as the Inspector framed them

  • whether the proposal is subject to the mandatory requirements for biodiversity net gain, and if so, does it comply with them
  • the effect of the proposal on the character and appearance of the area
  • the effect on the living conditions of neighbouring occupiers

What decided it

The proposal fails to demonstrate compliance with the mandatory requirements for biodiversity net gain under Schedule 7A of the Town and Country Planning Act 1990, which constitutes an adverse impact that significantly and demonstrably outweighs the benefits of housing delivery.

The benefits of housing delivery and affordable housing contribution were outweighed by the failure to comply with mandatory biodiversity net gain requirements, such that the adverse impacts significantly and demonstrably outweighed the benefits when assessed against the Framework taken as a whole.

What the Inspector cited

Development plan policies
DM2DM10CS10CS17
National Planning Policy Framework
Paragraph 11Paragraph 187
Judgments
Camden London Borough Council v ADC Estates Limited (1991) 61P&CR 48; R. (on the application of Morris Homes (North) Ltd) v Bolton Council [2025] EWHC 657 (Admin)

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.

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