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Planning appeal decision

Notice upheld20 February 20263358752

Mark Oak Nursery, Cobham Road, Fetcham, Leatherhead, KT22 9SA

Planning appeal 3358752 at Mark Oak Nursery, Cobham Road, Fetcham, Leatherhead, KT22 9SA (Mole Valley District Council) was dismissed on 20 February 2026 by Inspector Naylor R, by written representations. The main issue, as the Inspector framed it: Whether the requirements of the enforcement notice exceed what is necessary to remedy the breach of planning control.

without planning permission, the erection of a fence and gates over 2 metres in height, in the approximate location shown by a blue line between points A and B on the attached plan

Authority
Mole Valley District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Other minor developments
Inspector
Naylor R
Postcode
KT22 9SA

Main issues, as the Inspector framed them

  • Whether the requirements of the enforcement notice exceed what is necessary to remedy the breach of planning control
  • Whether the period specified in the notice for compliance is reasonable

What decided it

The enforcement notice provides two reasonable options to remedy the breach of planning control (complete removal or height reduction), and the 3-month compliance period is reasonable and proportionate.

The decision letter

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More decisions in Mole Valley District Council

The authority’s record since 2016 · every decision in 2026

  1. Dismissed20 October 20266013764
    Priory Lodge, River Lane, Leatherhead, KT22 0AU
  2. Quashed On Legal Grounds24 July 20263377551
    Yew Tree, River Lane, Leatherhead, Surrey, KT22 0AY
  3. Notice upheld6 May 20263369130
    The Land Known As 12, The Mount, Fetcham, Leatherhead, Surrey, KT22 9EE
  4. Notice varied and upheld24 November 20253361153
    Mark Oak Nursery, Cobham Road, Fetcham, Leatherhead, KT22 9SA
  5. Notice varied and upheld20 November 20253351897
    Riverdale Paddocks, Capel Road, Rusper, Surrey, RH12 4PZ

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.