®Planning appeal decision
Yew Tree, River Lane, Leatherhead, Surrey, KT22 0AY
Planning appeal 3377551 at Yew Tree, River Lane, Leatherhead, Surrey, KT22 0AY (Mole Valley District Council) was decided (quashed on legal grounds) on 24 July 2026 by Inspector Willows P, following an inquiry. The main issue, as the Inspector framed it: Ground (b): whether the matters stated in the notice have occurred, focusing on the correct planning unit and occupation of the site by people not meeting the Gypsy/Traveller definition.
Without planning permission, the material change in use of the Land to use as a residential caravan site for both 1. Gypsies and travellers and 2. Non-gypsies and travellers ("the unauthorised use") And all associated works facilitating the material change of use which includes: - i) The erection of fencing, gates and means of enclosure ii) The laying of hard surfaces iii) The erection of brick bases, steps and pillars for caravans iv) The erection of outbuildings and/or structures, and canopies v) The installation of septic/sewage disposal tanks and associated pipework
- Authority
- Mole Valley District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- caravan-gypsy · Major traveller and caravan pitches
- Inspector
- Willows P
- Postcode
- KT22 0AY
Main issues, as the Inspector framed them
- Ground (b): whether the matters stated in the notice have occurred, focusing on the correct planning unit and occupation of the site by people not meeting the Gypsy/Traveller definition
- Ground (c): whether the matters stated in the notice constitute a breach of planning control, focusing on whether there has been a material change of use of the land subject to the 2020 planning permission
What decided it
The Inspector's finding that no material change of use had occurred on the land already covered by the extant 2020 planning permission, combined with his conclusion that the notice could not be corrected or varied under s.176(1) without causing injustice to the appellant.
What the Inspector cited
- Development plan policies
- Policy H5Policy H7
- Judgments
- Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207; Royale Parks Ltd v Secretary of State for Housing, Communities and Local Government [2021] EWCA Civ 1101; Rawlins v Secretary of State for the Environment; Gregory v Secretary of State for the Environment
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
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
More decisions in Mole Valley District Council
The authority’s record since 2016 · every decision in 2026
- Dismissed20 October 20266013764Priory Lodge, River Lane, Leatherhead, KT22 0AU
- Notice upheld6 May 20263369130The Land Known As 12, The Mount, Fetcham, Leatherhead, Surrey, KT22 9EE
- Notice upheld20 February 20263358752Mark Oak Nursery, Cobham Road, Fetcham, Leatherhead, KT22 9SA
- Notice varied and upheld24 November 20253361153Mark Oak Nursery, Cobham Road, Fetcham, Leatherhead, KT22 9SA
- Notice varied and upheld20 November 20253351897Riverdale 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.