Case 3341985

Lower Duxhurst Farm, Reigate Road, Sidlow, REIGATE, RH2 8QH

Reigate and Banstead Borough Council — appeal dismissed

Outcome
Dismissed
Decision date
25 November 2024
Authority
Reigate and Banstead Borough Council
Inspector
Wilson D
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Unknown
Development type
Other minor developments
Appellant
Mr Phil Rowe
LPA reference
24/00236/AGD
ONS LPA code
E07000211
Jurisdiction
Transferred
Link status
Not Linked
Start date
28 May 2024

Summary AI

The appeal for an agricultural storage barn was dismissed as the submitted evidence did not demonstrate that the building was reasonably necessary for agriculture. The inspector considered the proposal under permitted development rights, but found that the evidence was insufficient.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Lower Duxhurst Farm, Reigate Road, Sidlow, REIGATE, RH2 8QH — Reigate and Banstead Borough Council — Appeal Decision Site visit made on 11 November 2024 by D Wilson BSc (Hons) MRTPI an Inspector appointed by the Secretary of State Decision date: 25 NOVEMBER 2024 Appeal Ref: APP/L3625/W/24/3341985 15 Lower Duxhurst Farm, Reigate Road, Sidlow, Surrey RH2 8QH • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant approval required under Article 3(1) and Schedule 2, Part 6, Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended). • The appeal is made by Phil Rowe against the decision of Reigate and Banstead Borough Council. • The application Ref is 24/00236/AGD. • The development proposed is erection of agricultural storage barn. Decision 1. The appeal is dismissed. Main Issue 2. The main issue is whether the proposed development would be permitted development. Reasons 3. The appeal proposal is for an agricultural building and in order to be considered permitted development it must be demonstrated that the building is reasonably necessary for agriculture. The building itself is shown to be 3.5m high to eaves and 4m to the ridge with an approximate footprint of 124m2 and the land is in agricultural use. 4.

Page 1 · Chunk 1 Appeal Decision

Lower Duxhurst Farm, Reigate Road, Sidlow, REIGATE, RH2 8QH — Reigate and Banstead Borough Council — Appeal Decision The appellant has provided a supporting statement which outlines the total acreage of the land, and that the intention is to use the building to crop hay. The appellant has provided some details in relation to hay production; however, this is generic and does not relate to the appeal site in terms of how much hay is to be produced. 5. In that context, there is also little evidence provided to explain the type or scale of agricultural machinery needed in association with the land. For these reasons, it is therefore not possible to establish whether the building would be reasonably necessary on the basis of the evidence submitted. 6. Taking all matters into consideration, the submitted evidence does not go far enough to demonstrate, that the proposed building is reasonably necessary. As such, the proposal cannot benefit from permitted development rights granted by the GPDO. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Lower Duxhurst Farm, Reigate Road, Sidlow, REIGATE, RH2 8QH — Reigate and Banstead Borough Council — Appeal Decision Appeal Decision APP/L3625/W/24/3341985 7. As the proposal would not be permitted development, it is not necessary for me to consider the prior approval application any further. This would include whether the appeal proposed would be acceptable in terms of its siting, scale and appearance on the character and appearance of the area. Other Matter 8. I acknowledge that Planning Practise Guidance advocates a light touch approach to prior approval appeals. However, this does not justify the lack of specific information in order to justify the need for the agricultural building on the appeal site. Conclusion 9. For the reasons given above the appeal should be dismissed.

Page 2 · Chunk 3 D Wilson

Lower Duxhurst Farm, Reigate Road, Sidlow, REIGATE, RH2 8QH — Reigate and Banstead Borough Council — D Wilson 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

Housing land supply
Against appellant
¶5

The appellant provided generic details about hay production, but no evidence about the type or scale of agricultural machinery needed for the land.

Character and appearance
Neutral
¶null

As the proposal would not be permitted development, it was not necessary to consider the siting, scale, and appearance of the building.

Policies relied on

Reference Weight
Planning Practise Guidance
Moderate

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 25 November 2024 under the Open Government Licence.