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Planning appeal decision

Allowed10 July 20266005819

2 Sanway Close, Byflet, West Byfleet, KT14 7SP

the erection of 3 dwellings (Use Class C3), together with associated car parking, cycle and refuse storage and landscaping, following the demolition of the existing retail unit and residential dwelling

Authority
Woking Borough Council
Appeal type
minor · Planning
Procedure
Written
Development
residential
Postcode
KT14 7SP

Main issues, as the Inspector framed them

  • the effect of the proposal on the ability of the local community to meet its day-to-day needs

What decided it

The realistic fallback position of prior approval for change of use to residential, combined with the Council's inability to demonstrate five-year housing land supply and the availability of alternative retail facilities at the Local Centre, meant that the adverse impacts of losing the shop would not significantly and demonstrably outweigh the housing benefits.

The moderate benefits of delivering two dwellings on previously developed land in a sustainable location, combined with the significant weight afforded to the fallback position establishing a strong likelihood the shop would close, outweighed the moderate harm from loss of a retail facility serving day-to-day needs, when assessed against the Framework as a whole under the tilted balance.

Framework references: 11, 58

Plan policies cited: Policy DM15 of the Development Management Policies Development Plan Document October 2016, Policy CS8 of the Woking Core Strategy October 2012, saved Policy NRM6 of the South East Plan May 2009

Judgments cited: Mansell v Tonbridge and Malling BC & others [2017] EWCA Civ 1314

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.