Planning appeal decision
40 Fairmile Lane, Cobham, KT11 2DQ
Planning appeal 3371813 at 40 Fairmile Lane, Cobham, KT11 2DQ (Elmbridge Borough Council) was dismissed on 28 November 2025 by Inspector Shearing C, by written representations. The main issue, as the Inspector framed it: the effects of the proposed development on the character and appearance of the area, including effects on trees.
‘development comprising 2 detached two-storey buildings with rooms in the roofspace containing 14 flats together with associated car parking and cycle storage, soft and hard landscaping works following demolition of existing dwelling, detached garage and outbuilding’
- Authority
- Elmbridge Borough Council
- Appeal type
- major · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Major dwellings
- Inspector
- Shearing C
- Postcode
- KT11 2DQ
Main issues, as the Inspector framed them
- the effects of the proposed development on the character and appearance of the area, including effects on trees
- the living conditions of occupants of no.34 Fairmile Lane, with particular regard to privacy
What decided it
The combination of unacceptable harm to the character and appearance of the area and harmful loss of privacy to neighbouring occupants, which significantly and demonstrably outweigh the modest housing and other benefits despite the acute housing land supply shortfall.
The adverse impacts of harm to character and appearance including effects on protected trees and harm to neighbouring living conditions, attracting very significant weight, significantly and demonstrably outweigh the moderate weight of benefits comprising 13 net additional homes, sustainable location and design, and local economic effects, such that the presumption in favour of sustainable development does not apply.
What the Inspector cited
- Development plan policies
- DM2DM10DM6CS10CS17CS14
- National Planning Policy Framework
- Paragraph 11Paragraph 129Paragraph 135Paragraph 139Paragraph 136Paragraph 110Paragraph 115
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 appliedThe decision letter
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With an account
What an account adds to this decision


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- Allowed14 October 20266009254Thames House, Portsmouth Road, Esher, KT10 9AD
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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