1 The Bungalows Mill Lane, Ripley, WOKING, GU23 6QT

1 The Bungalows Mill Lane, Ripley, WOKING, GU23 6QT — Guildford Borough Council — by R Cahalane BA(Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 13th June 2025

1 The Bungalows Mill Lane, Ripley, WOKING, GU23 6QT — Guildford Borough Council — 1 The Bungalows, Mill Lane, Ockham, Surrey GU23 6QT • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission under section 73 of the Town and Country Planning Act 1990 (as amended) for the development of land without complying with conditions subject to which a previous planning permission was granted. • The appeal is made by Mrs Andrea Larter against the decision of Guildford Borough Council. • The application Ref is 24/P/01246. • The application sought planning permission for the erection of a bungalow and a detached garage following demolition of the existing bungalow and outbuildings without complying with a condition attached to planning permission Ref 23/P/00830, dated 29 August 2023. • The condition in dispute is No 2 which states that: The development hereby permitted shall be carried out in accordance with the following approved plans: AS618/PA101 REV D2; AS618/PA104 REV D ; AS618/PA106 REV B ; and JHM/TB/PL01 received on 11 July 2022; AS618/PA103 REV H received on 8 August 2022, MB P3 Rev B received on 6 July 2023 and MB P2 Rev A received on 14 August 2023.

1 The Bungalows Mill Lane, Ripley, WOKING, GU23 6QT — Guildford Borough Council — 1 The Bungalows, Mill Lane, Ockham, Surrey GU23 6QT • The reason given for the condition is: To ensure that the development is carried out in accordance with the approved plans and in the interests of proper planning.

1 The Bungalows Mill Lane, Ripley, WOKING, GU23 6QT — Guildford Borough Council — material effect on this appeal. 1 Council Ref: 22/P/01211 2 Council Ref: 23/P/00830 3 Council Ref:24/P/01513 https://www.gov.uk/planning-inspectorate

1 The Bungalows Mill Lane, Ripley, WOKING, GU23 6QT — Guildford Borough Council — material effect on this appeal. 1 Council Ref: 22/P/01211 2 Council Ref: 23/P/00830 3 Council Ref:24/P/01513 https://www.gov.uk/planning-inspectorate Appeal Decision APP/Y3615/W/24/3357375 5. The appeal scheme proposes a bungalow and attached garage. The original permission description of development includes the erection of a bungalow and a detached garage. I have therefore consulted the main parties on the implications of the Finney judgment4 on the proposal. Comments have been received from the Council which I have taken into account in arriving at my decision. Main Issue 6. The main issue is the effect of the proposed variation of condition 2 of the original permission on the description of development or operative part of that permission. Reasons 7. The Council has confirmed that the original permission description of development, or operative part of that planning permission, has not been changed by either the latest or previous s73 permissions. Following my site visit, and review of the details of the planning history referred to in the above Background and Procedural Matter section, I have no reason to disagree. 8.

1 The Bungalows Mill Lane, Ripley, WOKING, GU23 6QT — Guildford Borough Council — material effect on this appeal. Therefore, the s73 appeal scheme, proposing a bungalow and attached garage, would change and be in conflict with the operative part of the original permission, insofar as the original description of development includes the erection of a bungalow and a detached garage. 9. The Finney judgment held that an application under s73 may not be used to obtain a permission that would require a variation to the terms of the operative part of the planning permission, which includes the description of the development for which the original permission was granted. 10. Notwithstanding the fact that the appeal scheme was determined by the Council, I find that to alter the original permission, from a bungalow and detached garage to a bungalow and attached garage, would mean that the resultant development would no longer accord with the original permission. Therefore, amending condition 2 would result in a conflict between it and the description of development or operative part of the original permission. 11. Therefore, having regard to the principles established by the Finney judgment, the proposed appeal scheme goes beyond the powers under s73. It thus cannot be determined through s73 and would require a new planning permission. 12.

1 The Bungalows Mill Lane, Ripley, WOKING, GU23 6QT — Guildford Borough Council — material effect on this appeal. The appeal must therefore be dismissed and I am not required to consider further the matters in dispute between the parties. Conclusion 13. For the reasons given above, the appeal is dismissed.

1 The Bungalows Mill Lane, Ripley, WOKING, GU23 6QT — Guildford Borough Council — R Cahalane INSPECTOR 4 John Leslie Finney v Welsh Ministers & Carmarthenshire County Council, Energiekontor (UK) Limited [2019] EWCA Civ 1868). https://www.gov.uk/planning-inspectorate 2