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Planning appeal decision

Allowed12 June 20263375573

Stonehouse, Broomehall Road, Coldharbour, Dorking, Surrey, RH5 6HF

the creation of a basement

Authority
Mole Valley District Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Householder developments
Inspector
Hand S

Main issues, as the Inspector framed them

  • Whether the creation of a basement is permitted development under Class A of Part 1 of the GPDO
  • Whether the erection of a single storey outbuilding dug into the hillside is permitted development under Class E of Part 1 of the GPDO
  • Whether the engineering works involved in the excavations become an activity different in character from that normally associated with the permitted development

What decided it

The engineering works involved in both the basement and the garden building, whilst substantial, remained integral to and of the same character as the permitted development itself, and did not cross the threshold established in Eatherley into a separate activity of different character.

Judgments cited: Eatherley v Camden LBC & James Ireland JPL 2017; Parkes v SSE and Another, CoA [1978]

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.