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Notice varied and upheld24 November 20253361153

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

Planning appeal 3361153 at Mark Oak Nursery, Cobham Road, Fetcham, Leatherhead, KT22 9SA (Mole Valley District Council) was allowed in part (a split decision) on 24 November 2025 by Inspector Symons G, by written representations. The main issue, as the Inspector framed it: Whether the steps required by the enforcement notice to remedy the breach of planning control are excessive under section 174(2)(f) of the Town and Country Planning Act 1990.

The extension and conversion of buildings to create a detached dwelling in the approximate location hatched in blue on the attached plan

Authority
Mole Valley District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Symons G
Postcode
KT22 9SA

Main issues, as the Inspector framed them

  • Whether the steps required by the enforcement notice to remedy the breach of planning control are excessive under section 174(2)(f) of the Town and Country Planning Act 1990
  • Whether the compliance period of 9 months is reasonable under section 174(2)(g) of the Town and Country Planning Act 1990

What decided it

The enforcement notice's requirement to demolish the entire building was excessive; only the unauthorised extensions and associated bases need to be removed to remedy the breach of planning control.

The decision letter

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More decisions in Mole Valley District Council

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

  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 upheld20 February 20263358752
    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.

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