Appeal 6005965

The appeal is allowed and planning permission is granted for the erection of 7 dwellings, car parking and associated landscaping to the rear of [site address] at [site address] , Surrey [postcode] in accordance with the terms of the application, [name]/2025/596, subject to the conditions in the attached Schedule.

An application for costs was made by berosa ltd against Tandridge District Council. This application is the subject of a separate Decision.

The main issues are:  whether the proposal would be inappropriate development in the Green Belt for the purposes of development plan policy and the National Planning Policy Framework (the Framework); and  if it is inappropriate, whether the harm to the Green Belt by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the development.

The Framework explains that the fundamental aim of Green Belt Policy is to prevent urban sprawl by keeping land permanently open and that the essential characteristics of Green Belts are their openness and their permanence.

The appeal site is part of a wider site extending away from [site address] to the rear of mature trees forming the front boundary. The site includes [site address] , a substantial building set back from the frontage and an area of hardstanding. To the rear of the building is an open area of grassland. The side and rear boundaries are formed by hedges with mature trees to one side and beyond the rear boundary. A timber fence forms the boundary to the other side of [site address] .

The proposal is for the erection of seven dwellings to the rear of [site address] . The developable area comprising the appeal site measures below 0.5 hectares and includes an area for car parking. The dwellings would be part two-storey, part single-storey and would be arranged in a ‘u-shape’ arranged around an open area to the rear of [site address] .

Policy DP10 of the Tandridge District Local Plan Part 2: [name] 2014 (DP) states that within the Green Belt, planning permission for any inappropriate development which is, by definition, harmful to the Green Belt, will normally be refused. Policy DP13 of the DP sets out the exceptions to inappropriate development. However, as the DP pre-dates the most recent revision to the Framework, these exceptions are not wholly consistent with those set out in the Framework, including the exception in Paragraph 155.

Paragraph 155 states that the development of homes, commercial and other development in the Green Belt should also not be regarded as inappropriate where all the following apply: a. the development would utilise grey belt land and would not fundamentally undermine the purposes (taken together) of the remaining Green Belt across the area of the plan; b. there is a demonstrable unmet need for the type of development proposed; c. the development would be in a sustainable location, with particular reference to paragraphs 110 and 115 of this Framework; and d. where applicable the development proposed meets the ‘[name] requirements set out in paragraphs 156-157.

The Framework defines ‘grey belt’ as land in the Green Belt comprising previously developed land and/or any other land that, in either case, does not strongly contribute to any of purposes (a), (b), or (d) in paragraph 143. ‘Grey belt’ excludes land where the application of the policies relating to the areas or assets in footnote 7 (other than Green Belt) would provide a strong reason for refusing or restricting development.

The Council states that the site comprises land that does not strongly contribute to any of purposes a), b) or d) in paragraph 143 of the Framework. From the evidence presented and my observations on site, the land does not strongly contribute to any of the purposes of checking the unrestricted sprawl of large built-up areas, of preventing neighbouring towns merging into one another, or of preserving the setting and special character of historic towns. There is no substantive evidence before me that demonstrates that the application of the policies relating to the areas or assets in footnote 7 would provide a strong reason for refusing or restricting development. As such, I agree with the main parties, and consider the land at the site to be grey belt land and would not undermine the purposes (taken together) of the remaining Green Belt across the area of the plan.

The Council also acknowledges that it is unable to demonstrate a five year supply of deliverable housing sites. Accordingly, the proposal would meet points a. and b. of Paragraph 155 of the Framework.

In terms of whether a sustainable location Paragraphs 110 and 115 of the Framework promote sustainable transport in terms of managing patterns of growth to support this objective. While the site is not within a settlement boundary, it is close to [site address] , which is a defined village in the Green Belt for development plan purposes.

The appeal site is close to bus stops on [site address] , including opposite the site and a short walk in either direction. The bus stops are served by a regular weekday service between Selsdon and [name] with a less frequent weekend and public holiday serve. While the bus stops are not provided with frequent services, the Framework recognises that opportunities to maximise sustainable transport solutions will vary between urban and rural areas, and this should be taken into account in decision-making.

Further from the site, there is a small convenience store, which forms part of a petrol station and could provide a small range of everyday items, and a restaurant. These could be accessed without crossing [site address] using the pedestrian footway, which is provided with street lighting. An open space with a play area is on the opposite side of [site address] . The proximity of the site to the bus stops and the provision of the convenience store within a reasonable walking distance of the site would partly reduce the reliance of future occupants on private vehicles. For the purposes of this appeal, there is no compelling evidence before me that the appeal site is not within a sustainable location in terms of criterion c) of Paragraph 155 of the Framework.

The Council has referred to an appeal decision1 at Chedworth for a development of 9 dwellings. Whilst the site in that case was on a 40mph road, the Inspector noted that there was no safe pedestrian or cycle route, no nearby bus stop, and no street lighting along the route to the nearest facilities. The appeal site before me is on [site address] , which has pedestrian footways on either side of the road with street lighting and is within walking distance of bus stops and a small convenience store. In any event, each proposal should be considered on its individual merits and with appropriate regard to the development plan and any material considerations.

The appeal site is part of a larger site that includes the existing mature trees and landscaping to the front of the site. Although the frontage provides a high level of screening of views from [site address] , the area to the front is not part of the developable area of the proposal. Moreover, the appeal site has not been altered during the appeal process or since the planning application. Given that the appeal site comprises an area of less than 0.5 hectares and the proposal is for less than 10 dwellings, the ‘[name] referred to under criterion d. of Paragraph 155 are not applicable in this instance. As the proposal meets the criteria set out in Paragraph 155 of the Framework, the scheme would not be inappropriate development.

Where a proposal is not inappropriate development in the Green Belt, as per Paragraph 155 of the Framework, an assessment on the effect of the proposals on the openness of the Green Belt is not required. Likewise, very special circumstances do not need to be demonstrated in order for the proposals to be considered acceptable in Green Belt terms. Consequently, the scheme accords with Policies DP5, DP10 and DP13 of the LP and the Framework, which collectively seeks to protect the Green Belt from harm and promotes access by 1 APP/M3645/W/25/3371822 public transport, foot and bicycle to nearby residential, commercial, retail, educational, leisure and recreational areas where appropriate.

Concerns have been raised in respect of the effect of the proposal on traffic conditions at the access and on [site address] . While the development would result in an increase in vehicle movements, the limited scale of the development would not lead to a severe impact on the road network. The development would include a reduction in the speed limit on [site address] to 30 miles per hour, which would provide a limited benefit to the proposal whilst ensuring safe and suitable access to the site can be achieved.

The proposal includes landscaping works, including replacing a tree that had been felled. The landscaping works would, in combination with the recommendations within the [name] & [name] Assessment2, preserve and enhance existing landscape features and habitats at the site.

The Council consider that the proposal would have an appropriate design and given the characteristics of the site, would not harm the overall character and appearance of the area. I find no reason to take a different view given the scale, design and discreet position of the development.

Concerns have also been raised in respect to a restrictive covenant placed on the land. Nevertheless, a restrictive covenant would operate independently of planning considerations. Private covenants prohibiting or allowing certain types of uses/developments are a civil matter and not within the remit of planning control. As such, these matters would be a neutral factor in the planning balance. In addition, concerns have been raised regarding the ownership of the site. The evidence before me demonstrates that the necessary steps were taken with regard to ownership certificates and the red line site plan sets out the extent of the site.

Schedule 7A of the Town and Country Planning Act 1990 (as amended) (the Act) introduced a statutory framework for biodiversity net gain (BNG). Under the statutory framework, subject to some exceptions, every grant of planning permission is deemed to have been granted subject to the [name] (BGC). The objective is for development to deliver at least a 10% increase in biodiversity value relative to the pre-development biodiversity value of the onsite habitat. This increase can be achieved through onsite biodiversity gains, registered offsite biodiversity gains or statutory biodiversity credits. The biodiversity gain condition is a pre-commencement condition: once planning permission has been granted, a Biodiversity Gain Plan (BGP) must be submitted and approved by the planning authority before commencement of the development.

It is proposed that the BGC would be met through a combination of onsite and offs-site measures. The Council has not raised any concerns with this approach. If the 10% net gain could not be achieved onsite, the purchase of credits, or an agreement with a relevant off-site provider, would need to be secured through a planning obligation. Such an obligation could form part of the BGP required by the deemed condition. Therefore, granting planning permission without a formal 2 Prepared by [name], dated April [address], to secure off-site gains or credits, would not affect the Council’s ability to ensure that the BNG objective is achieved at a later stage.

There is no dispute that the Council cannot demonstrate a five year supply of deliverable housing sites that is required by the Framework. Paragraph 11. d) i. of the Framework indicates that permission should be granted unless the application of policies in this Framework that protect areas or assets of particular importance provides a strong reason for refusing the development proposed. Footnote 7 of the Framework details that this includes policies relating to land designated as Green Belt. However, given my findings in this regard, this does not provide a strong reason for refusing the development proposed.

Paragraph 11 d) ii. of the Framework indicates that permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole, having particular regard to key policies for directing development to sustainable locations, making effective use of land, securing well-designed places and providing affordable homes, individually or in combination.

The proposal would make a positive contribution to housing supply and delivery with associated social and economic benefits during the period of construction and once the dwellings are occupied. This is particularly the case given the Council’s housing supply position. The Framework explains that small and medium sized sites can make an important contribution to meeting the housing requirement of an area and are often built-out relatively quickly. The addition of seven dwellings through a more efficient use of land and the associated benefits would make a small but important contribution to meeting housing need in the District.

Given the significant weight in favour of the proposal due to the delivery of housing, the adverse impacts would not significantly and demonstrably outweigh the benefits when assessed against the policies of the Framework taken as a whole.

Suggested planning conditions have been provided by the Council. I have considered the conditions having regard to the Framework and advice contained in the Planning Practice Guidance (PPG). I have adjusted the wording of some conditions to improve precision.

In addition to the standard time limit condition, I have imposed Condition 2 requiring that the development is carried out in accordance with the approved plans. This is in the interests of certainty.

Condition 3 is necessary to preserve any archaeological remains, whilst Conditions 4 and 5 are necessary to safeguard protected species and enhance ecology at the site. Conditions 6, 7, and 8 are necessary to protect the character and appearance of the area, including the retention of trees at the site.

Condition 9 requiring the submission of construction transport management arrangements is required to prevent adverse impacts on the local road network during the construction phase. As Conditions 3-9 relate to the early stages of the development, it is necessary for these conditions to be discharged prior to the commencement of the development.

In the interests of highway safety, including pedestrian safety, and to encourage sustainable modes of transport, Conditions 10, 11, 12 and 13 are necessary. To provide appropriate cycle refuse storage facilities, Conditions 14 is reasonable and necessary.

Conditions 15 and 16 are necessary to protect the character and appearance of the area. To safeguard the living conditions of occupants of the proposal and neighbouring properties, Conditions 17 and 18 are necessary.

Condition 19 is required to control surface water run-off and minimise the risk of flooding. Condition 20 is necessary to safeguard the local environment, including protected species. Condition 21 is necessary to ensure the sustainability of the development, including incorporating renewable energy and energy efficiency features

The general BGC has a separate statutory basis as a planning condition under Paragraph 13 of Schedule 7A of the Act. On this basis, the PPG strongly encourages decision makers to not include the BGC, or the reasons for applying it, in the list of conditions imposed in the written notice when granting planning permission.

For the reasons given above the appeal should be allowed.

The development hereby permitted shall begin not later than three years from the date of this decision.

The development hereby permitted shall be carried out in accordance with drawing numbers DH_P_050 Rev P03, DH_P_071 Rev P04, DH_P_410 Rev P05, DH_P_150 Rev P05, DH_P_151 Rev P05, DH_P_360 Rev P01, DH_P_361 Rev P01, DH_P_362 Rev P01, DH_P_100 Rev P13, DH_P_110 Rev P09, DH_P_120 Rev P09, DH_P_101 Rev P01, DH_P_102 Rev P01 and MTC100P01 Revision 06.

Prior to the commencement of the development hereby permitted, the implementation of a programme of archaeological work shall be secured, to be conducted in accordance with a written scheme of investigation which shall be submitted to and approved in writing by the local planning authority.

Prior to the commencement of the development hereby permitted, details of an ecological enhancement plan including the points set out below shall be submitted to and approved in writing by the local planning authority. a) Description and evaluation of features to be provided; b) Location plan of all ecological enhancement features being provided; c) Ecological trends and constraints on site that might influence management; d) Prescriptions for management actions; and e) Ongoing monitoring and remedial measures. The works shall thereafter be carried out in conjunction with the approved details.

Prior to the commencement of development hereby permitted, details of a precautionary method of working to take into account the protection of amphibians and reptiles should be submitted to and approved in writing by the local planning authority. The works shall thereafter be carried out in accordance with the approved details.

Prior to the commencement of the development hereby permitted (including ground clearance), details shall be submitted relating to fencing type, ground protection measures, “no dig” surfacing, service drawings, drainage proposals, access facilitation pruning specification (including the removal of ivy, deadwood etc), project phasing and an auditable monitoring schedule. These details shall be approved in writing by the local planning authority and the works shall be carried out in accordance with the approved details thereafter.

No trees or hedges shall be pruned, felled or uprooted during site preparation, construction and landscaping works except as shown on the documents and plans hereby approved. Any retained trees or hedges which are removed, or which within a period of 5 years from the completion of the development die are removed, or, in the opinion of the local planning authority, are dying, becoming diseased or damaged shall be replaced by plants of such size and species as may be agreed in writing with the local planning authority.

Prior to the commencement of development hereby permitted the tree protection measures detailed within the approved Hayden's Tree Protection Plan (10601-[name]) and [name] shall be implemented. Thereafter these measures shall be retained and any specified methods of construction, arboricultural supervision or staging of works strictly adhered to throughout the course of development. In any event, the following restrictions shall be strictly observed: a) No bonfires shall take place within the root protection area (RPA) or within a position where heat could affect foliage or branches; b) No further trenches, drains or service runs shall be sited within the RPA of any retained trees; and c) No further changes in ground levels or excavations shall take place within the RPA of any retained trees.

Prior to the commencement of the development hereby permitted, a Construction Transport Management Plan, to include details of the following items has been submitted to and approved in writing by the local planning authority. Only the approved details shall be implemented during the construction of the development: a) parking for vehicles of site personnel, operatives and visitors; b) loading and unloading of plant and materials; c) storage of plant and materials; d) programme of works (including measures for traffic management); e) provision of boundary hoarding behind any visibility zones; f) HGV deliveries and hours of operation; g) vehicle routing; h) measures to prevent the deposit of materials on the highway; i) before and after construction condition surveys of the highway and a commitment to fund the repair of any damage caused; and j) on-site turning for construction vehicles.

Prior to first occupation of the development hereby permitted, a scheme shall be delivered in accordance with plans to be submitted to and approved in writing by the local planning authority to provide speed reduction from 40mph to 30mph on the A22 starting in the vicinity of the [address] junction and extending south to the junction with [address], including any necessary traffic calming, signage and statutory orders.

Prior to first occupation of the development hereby permitted, a scheme shall be delivered in accordance with plans to be submitted to and approved in writing by the local planning authority to provide pedestrian crossing facilities to access northbound bus services from the development.

Prior to the occupation of the development hereby permitted, space shall be laid out within the site in accordance with the approved plans for vehicles to be parked and for vehicles to turn so that they may enter and leave the site in forward gear. Thereafter the parking and turning areas shall be retained and maintained for their designated purposes.

Prior to the occupation of the development hereby permitted the access to the A22 shall be constructed and provided with visibility zones in accordance with plans to be submitted to and approved in writing by the Local Planning Authority pursuant to the traffic speed reduction scheme required under condition 15 and thereafter the visibility zones shall be kept permanently clear of any obstruction over 0.6m high.

Prior to the occupation of each dwelling within the development hereby permitted, facilities for high quality, secure, lit and covered parking of bicycles and the provision of a charging point with timer for e-bikes by said facilities shall be provided within each dwelling in accordance with a scheme to be submitted to and approved in writing by the local planning authority. The approved facilities shall thereafter be retained and maintained for their designated purposes.

Prior to the commencement of the development hereby permitted above ground level, full details of both hard and soft landscape works shall be submitted to and approved in writing by the local planning authority and these works shall be carried out as approved. These details shall include:  proposed finished levels or contours;  means of enclosure;  other vehicle and pedestrian access and circulation areas;  hard surfacing materials • minor artefacts and structures (eg. furniture, play equipment, refuse or other storage units, signs, lighting etc.);  tree and hedgerow planting as compensation for those elements being removed;  Biodiversity enhancements relating to the maintenance of connectivity through residential gardens for hedgehog and creation of ‘hedgehog highways’; and  Installation of bat roosting and bird nesting features (swifts) on retained mature trees and integral to the structure of new buildings. Details of soft landscape works shall include proposed and retained trees, hedges and shrubs; ground preparation, planting specifications and ongoing maintenance, together with details of areas to be grass seeded or turfed. Planting schedules shall include details of species, plant sizes and proposed numbers/densities. All new planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the completion or occupation of any part of the development (whichever is the sooner) or otherwise in accordance with a programme to be agreed. Any trees or plants (including those retained as part of the development) which within a period of 5 years from the completion of the development die, are removed, or, in the opinion of the local planning authority, become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species. The hard landscape works shall be carried out prior to the occupation of the development.

Prior to the commencement of the development hereby permitted above ground level, details of the materials to be used in the construction of the external surfaces of the dwellings hereby permitted shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with these approved details.

Prior to the occupation of the development hereby permitted the following first floor windows shall be fitted with obscure glass and shall be non-opening unless the parts of the windows which can be opened are more than 1.7m above the floor of the room in which the windows are installed and shall be permanently maintained as such:  Southern unit, west elevation: bathroom window;  Southern unit, east elevation: bathroom window;  Rear terrace, southern unit, south elevation: landing and bathroom; and  Northern units, eastern unit, east elevation: secondary bedroom and bathroom.

The noise emanating from the use of the Air Source Heat Pumps shall not exceed the advice given in the Institute of Acoustics and Chartered Institute of Environmental Health Professional Guidance Note on Heat Pumps, which recommends a maximum sound rating level of <35 dB at any noise sensitive neighbouring premises.

The drainage system shall be installed in accordance with the [name] and [name] by JMS Group dated July 2024. The development shall be carried out strictly in accordance with the details so approved and maintained as such thereafter.

Any external lighting installed on the site (whether permanent or temporary) shall be in accordance with details that shall have previously been submitted to and approved in writing by the local planning authority. These details shall include, inter alia, measures to shield and direct light from the light sources so as to prevent light pollution and illuminance contour plots covering sensitive neighbouring receptors. The details will demonstrate that areas to be lit will not disturb bat activity. The development shall thereafter be carried out in accordance with the subsequently approved details and maintained as such thereafter.

The development shall be carried out in accordance with the details provided within the [name] submitted by Energist and dated 21/07/2025 as specified in the application details, and the PV panels and ASHPs shall be installed and shall thereafter be retained in accordance with the approved details. End of Schedule