Case 3304700

Land to the rear of Tanglewood, Vespers and Cleveleys, Oakwood Drive, East Horsley , Surrey , KT24 6QF

Guildford Borough Council — appeal dismissed

Outcome
Dismissed
Decision date
9 May 2023
Authority
Guildford Borough Council
Inspector
Phillips B
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Other
Development type
Minor Dwellings
Appellant
ECL PROPERTY LIMITED
LPA reference
19/D/00073/2
ONS LPA code
E07000209
Jurisdiction
Transferred
Link status
Not Linked
Start date
2 February 2023

Summary AI

The appeal was dismissed due to unsatisfactory bin storage proposals that were deemed to be inaccessible to the council's collection vehicle. The inspector considered various factors, including access to the private drive and the council's collection vehicle policies.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 by B Phillips BSc MSc MRTPI

Land to the rear of Tanglewood, Vespers and Cleveleys, Oakwood Drive, East Horsley , Surrey , KT24 6QF — Guildford Borough Council — by B Phillips BSc MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 9 May 2023

Page 1 · Chunk 1 East Horsley, Surrey KT24 6QF

Land to the rear of Tanglewood, Vespers and Cleveleys, Oakwood Drive, East Horsley , Surrey , KT24 6QF — Guildford Borough Council — East Horsley, Surrey KT24 6QF • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant consent, agreement or approval to details required by a condition of a planning permission. • The appeal is made by ECL Property Limited against the decision of Guildford Borough Council. • The application Ref 19/D/00073/2, dated 18 January 2022, sought approval of details pursuant to condition No 7 of planning permission Ref 18/P/02083 granted on 08/03/2019. • The application was refused by notice dated 15 March 2022. • The development proposed is the erection of two detached 3 bedroom dwellings with detached garages on land to the rear of Tanglewood, Vespers and Cleveleys, via existing access at end of the cul-de-sac Oakwood Drive, with associated parking and landscaping. • The details for which approval is sought is: Condition 7: The development hereby permitted shall not be occupied until the storage facilities for bins and recycling awaiting collection shown on the ‘bin collection layout’ drawing received 11 February 2019 or alternative arrangements as agreed in writing by the local planning authority, have been provided and made available for use.

Page 1 · Chunk 2 East Horsley, Surrey KT24 6QF

Land to the rear of Tanglewood, Vespers and Cleveleys, Oakwood Drive, East Horsley , Surrey , KT24 6QF — Guildford Borough Council — East Horsley, Surrey KT24 6QF These facilities shall be maintained in accordance with the approved details thereafter. The reason given for the condition is: To ensure the provision of satisfactory facilities for the storage of refuse and recycling.

Page 1 · Chunk 3 provide an appropriate refuse storage strategy.

Land to the rear of Tanglewood, Vespers and Cleveleys, Oakwood Drive, East Horsley , Surrey , KT24 6QF — Guildford Borough Council — provide an appropriate refuse storage strategy. https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 4 provide an appropriate refuse storage strategy.

Land to the rear of Tanglewood, Vespers and Cleveleys, Oakwood Drive, East Horsley , Surrey , KT24 6QF — Guildford Borough Council — provide an appropriate refuse storage strategy. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 5 provide an appropriate refuse storage strategy.

Land to the rear of Tanglewood, Vespers and Cleveleys, Oakwood Drive, East Horsley , Surrey , KT24 6QF — Guildford Borough Council — provide an appropriate refuse storage strategy. Appeal Decision APP/Y3615/W/22/3304700 Reasons 5. The proposed alternative arrangements would require the Council’s collection vehicle to enter the access drive to the properties and collect from directly outside both properties, rather than collect from near to Oakwood Drive. 6. From the information before me, I am satisfied that the submitted swept path analysis and other information indicates that access to the Council’s collection vehicle is possible, in accordance with Appendix 8 of the Guildford Borough Council Planning Contributions Supplementary Planning Document (2017). 7. However, it is event that the lengthy driveway to the 2 new dwellings is a private drive. The Council set out that they do not enter and drive along private driveways. As such they do not accept the new alternative proposals are appropriate. 8. I acknowledge that further information has been provided in accordance with the previous correspondence with the Council submitted as part of this appeal. I further acknowledge that in the correspondence provided, the Council does not raise the issue of the private drive, and that for a period of time the Council’s collection vehicle did indeed access the drive, seemingly without issue. 9.

Page 2 · Chunk 6 provide an appropriate refuse storage strategy.

Land to the rear of Tanglewood, Vespers and Cleveleys, Oakwood Drive, East Horsley , Surrey , KT24 6QF — Guildford Borough Council — provide an appropriate refuse storage strategy. I further note that the appellants point to limited space, possible visual impact and obstruction of the approved arrangements, however even if this was the case, this would not alter the inability of the Council to access a private drive. I note the appellant’s contention that the bin carry distance being contrary to building regulations, however this is not substantiated and, in any case, is controlled by other regulatory regimes. 10. The appellant has provided examples of similar arrangements although with regards to Highfields and Old Rectory Lane, these are not private roads not a private drive serving one or two properties. It is stated that Norwood Farm has a similar arrangement, and whilst limited detail is provided which prevents clear comparison, it appears that this property is located along a rural lane rather than a private access drive. As such, I do not consider these three examples are directly comparable. 11. Therefore, the details submitted are not satisfactory and the condition is not discharged. Conclusion 12. For the reasons set out, and having considered all other matters raised, I conclude that the appeal should be dismissed.

Page 2 · Chunk 7 B Phillips

Land to the rear of Tanglewood, Vespers and Cleveleys, Oakwood Drive, East Horsley , Surrey , KT24 6QF — Guildford Borough Council — B Phillips INSPECTOR https://www.gov.uk/planning-inspectorate 2

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Living conditions
Against appellant
¶5

The proposed alternative arrangements would require the council's collection vehicle to enter the access drive, which is a private drive.

Living conditions
Against appellant
¶7

The council does not enter and drive along private driveways, making the alternative proposals inappropriate.

Living conditions
Against appellant
¶11

The details submitted were deemed not satisfactory due to the private drive's inaccessibility to the council's collection vehicle.

Policies relied on

Reference Weight
Guildford Borough Council Planning Contributions Supplementary Planning Document (2017)
Determinative

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 2 pages, issued by the Planning Inspectorate on 9 May 2023 under the Open Government Licence.