Case 3367630

Land at Shawley Crescent , Epsom Downs , Surrey , KT18 5PQ

Reigate and Banstead Borough Council — appeal allowed

Outcome
Allowed
Decision date
19 November 2025
Authority
Reigate and Banstead Borough Council
Inspector
Pattison B
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
EDAROTH and Raven Housing Trust
LPA reference
23/00820/F
ONS LPA code
E07000211
Jurisdiction
Transferred
Link status
Not Linked
Start date
25 June 2025

Summary AI

The appeal for a development of 4 residential dwellings at Land at Shawley Crescent, Banstead, was allowed by an Inspector. The decision was made after considering the impact of the proposal on the living conditions of neighbouring occupiers, and it was concluded that the development would not be overly oppressive or cause significant harm to the outlook of surrounding occupiers.

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

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Page 1 · Chunk 0 Appeal Decision

Land at Shawley Crescent , Epsom Downs , Surrey , KT18 5PQ — Reigate and Banstead Borough Council — Appeal Decision Site visit made on 11 September 2025 by B Pattison BA (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 19th November 2025 Appeal Ref: APP/L3625/W/25/3367630 Land at Shawley Crescent, Banstead KT18 5PQ Grid Ref Easting: 523442, Grid Ref Northing: 158494 • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by EDAROTH and Raven Housing Trust against the decision of Reigate & Banstead Borough Council. • The application Ref is 23/00820/F. • The development is described as the demolition of existing buildings and erection of 4 residential dwellings with associated parking and landscaping Decision 1. The appeal is allowed and planning permission is granted for demolition of existing buildings and erection of 4 residential dwellings with associated parking and landscaping at Land at Shawley Crescent, Banstead, KT18 5PQ in accordance with the terms of the application Ref 23/00820/F and the plans submitted with it, subject to the attached schedule of conditions. Preliminary Matter 2.

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Land at Shawley Crescent , Epsom Downs , Surrey , KT18 5PQ — Reigate and Banstead Borough Council — Appeal Decision In the banner heading above I have used the description of development taken from the planning appeal form, as opposed to the planning application form. As amendments were made during the Council’s determination of the planning application, this description more accurately describes the development for which permission is sought. Main Issue 3. The main issue is the effect of the proposal on the living conditions of neighbouring occupiers with particular reference to outlook at 27, 29 and 31 Claremount Gardens. Reasons 4. The appeal site contains a flat area of hardstanding and two rows of garages, accessed from a narrow driveway leading from Shawley Crescent. The dwellings on Shawley Crescent are positioned at an elevated level above the appeal site, whilst their gardens adjoin the site’s southern boundary. 5. Immediately to the north of the appeal site are the residential properties 27, 29 and 31 Claremount Gardens (No’s 27, 29 and 31). These are large, detached houses with rear gardens which adjoin the appeal site’s boundary. Claremount Gardens properties are positioned at a significantly lower ground level, which the main parties agree is approximately 2.5 and 2.9 metres lower than the appeal site.

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Land at Shawley Crescent , Epsom Downs , Surrey , KT18 5PQ — Reigate and Banstead Borough Council — Appeal Decision https://www.gov.uk/planning-inspectorate

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Land at Shawley Crescent , Epsom Downs , Surrey , KT18 5PQ — Reigate and Banstead Borough Council — Appeal Decision https://www.gov.uk/planning-inspectorate Appeal Decision APP/L3625/W/25/3367630 6. The ground floor rear windows of No’s 27, 29 and 31 serve a variety of habitable rooms. As the garages on the appeal site are single-storey with flat roofs, they are not prominent when viewed from the rear of properties on Claremount Gardens. 7. The main parties acknowledge that local planning policy provides no specific measure or guidance on what constitutes an overbearing impact or obtrusiveness. During my site visit, I inspected the gardens of Nos. 27, 29 and 31. I noted the change in ground levels between the appeal site and neighbouring properties. From these vantage points within the gardens and from rear windows of the neighbouring properties, the proposal’s two distinct side elevations would be clearly visible to neighbouring occupiers. Due to the change in levels, the ridge heights of the development would be appreciably higher than those of the adjacent dwellings. 8. However, a generous proportion of the site would not have any buildings on.

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Land at Shawley Crescent , Epsom Downs , Surrey , KT18 5PQ — Reigate and Banstead Borough Council — Appeal Decision These remaining spaces provide car parking, turning areas and adequately sized external amenity areas which would help to visually break up the built form of the buildings on the site, providing clear physical separation between them. This would minimise the development’s impact on neighbouring occupiers, ensuring that large stretches along the rear boundaries of No’s 27, 29 and 31 remain free from any built form. 9. The layout ensures that the proposed dwellings’ side elevations would be set back from the shared boundaries with the gardens of Nos. 27, 29 and 31. The submitted evidence indicates that the nearest elevations would be approximately 20.5 metres from No. 31’s rear elevation and 22.1 metres from No. 29’s. Despite the change in levels, these represent generous separation distances from the rear elevations of the neighbouring properties. 10. A 1.8 metre boundary fence would screen much of the proposal’s ground floors from view. While the first floors and roofs would remain visible, the design would incorporate hipped roofs that pitch sharply away from the nearest residential properties, reducing their perceived bulk.

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Land at Shawley Crescent , Epsom Downs , Surrey , KT18 5PQ — Reigate and Banstead Borough Council — Appeal Decision Furthermore, three mature Ash trees (identified as T5, G4, and G3 in the Tree Report) line the shared boundary with Nos. 27, 29, and 31. These trees would filter views of the upper parts of the proposal, particularly from Nos. 27 and 29. Planning conditions are proposed to ensure that the trees are not harmfully affected by the development. As the trees are located within neighbouring gardens, their future retention would remain under the control of those occupiers. 11. Tree T5 would provide only limited screening for the occupiers of No. 31. However, the orientation of the proposed dwelling, which would be set back nearly 3 metres from the shared boundary and the generous proportion of undeveloped land adjacent to No. 31’s rear boundary would ensure that the development would not appear dominant or harmfully overbearing to the occupiers of No. 31. 12. Overall, while the proposal would have a greater visual presence than the existing garages, for the reasons outlined above, the development as a whole would not be overly oppressive or cause significant harm to the outlook of surrounding occupiers. In reaching this conclusion, I have taken into account the proposed height and elevational design. 13.

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Land at Shawley Crescent , Epsom Downs , Surrey , KT18 5PQ — Reigate and Banstead Borough Council — Appeal Decision Accordingly, I find no conflict with policy DES1 of the Reigate and Banstead Development Management Plan (2019) insofar as it seeks development that https://www.gov.uk/planning-inspectorate 2

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Land at Shawley Crescent , Epsom Downs , Surrey , KT18 5PQ — Reigate and Banstead Borough Council — Appeal Decision Accordingly, I find no conflict with policy DES1 of the Reigate and Banstead Development Management Plan (2019) insofar as it seeks development that https://www.gov.uk/planning-inspectorate 2

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Land at Shawley Crescent , Epsom Downs , Surrey , KT18 5PQ — Reigate and Banstead Borough Council — Appeal Decision Appeal Decision APP/L3625/W/25/3367630 protects the living conditions of occupiers of neighbouring properties. I also find no conflict with the principles of the Framework that seek the creation of places that are safe and have a high standard of amenity for existing and future users. Other Matters 14. A significant number of concerns from interested parties have been raised in relation to the development. 15. Interested parties have raised concerns about the loss of the existing buildings on site, and the design of the replacement buildings being too dense and providing limited garden space. However, the proposed development, which is in a largely residential area, would represent an appropriate use of an underused parcel of land. The new homes would be delivered on a brownfield site within a sustainable location. I am mindful of the emphasis in the Framework on giving substantial weight to the value of using suitable brownfield land within settlements for homes. 16. Two storey dwellings with hipped roofs would not appear out of character, and I consider that there is sufficient spacing between the buildings on site to prevent overdevelopment.

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Land at Shawley Crescent , Epsom Downs , Surrey , KT18 5PQ — Reigate and Banstead Borough Council — Appeal Decision The proposed external materials palette will be controlled by planning condition to ensure that the facing materials are appropriate to the local area. Overall, I have been provided with no substantive evidence which would prompt me to disagree with the Council’s conclusions on these matters which was that there would be no unacceptable harm in these respects. 17. A number of interested parties raise concerns in relation to the daylight, sunlight, overshadowing and overlooking effects of the proposal on the living conditions of neighbouring occupiers. The submitted daylight and sunlight assessment demonstrates that the proposal would not have a harmful effect on light within the neighbouring properties and their gardens. In terms of overlooking, the orientation of the dwellings would ensure that views from the upper floors would be directed within the appeal site rather than towards neighbouring properties. The proposal’s side elevations would not feature windows facing neighbouring properties, and I do not find harm to the living conditions of neighbouring occupiers in relation to these matters. 18. It has also been suggested that the proposal would significantly overshadow the solar panels at No.

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Land at Shawley Crescent , Epsom Downs , Surrey , KT18 5PQ — Reigate and Banstead Borough Council — Appeal Decision 31, reducing their electricity generation. In this case the daylight and sunlight assessment has concluded that the proposal would not have a material impact on the properties to the north in terms of impact on sunlight and overshadowing. 19. In relation to the effect on local wildlife, the Ecological Appraisal (EA) identifies that no evidence of protected species was identified at the appeal site. The EA outlines a number of biodiversity enhancement measures such as bird and insect boxes which could have a beneficial effect on local wildlife. I have imposed conditions which require compliance with the EA to protect local wildlife, and the installation of the identified features to promote biodiversity. 20. Concerns have been raised in relation to contamination. I have imposed conditions requiring a contamination risk assessment and details of asbestos mitigation measures are necessary to ensure that there are no unacceptable risks to humans or the wider environment. In relation to concerns about refuse collections and https://www.gov.uk/planning-inspectorate 3

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Land at Shawley Crescent , Epsom Downs , Surrey , KT18 5PQ — Reigate and Banstead Borough Council — Appeal Decision Appeal Decision APP/L3625/W/25/3367630 access for refuse vehicles, I have imposed a condition requiring a refuse management plan. 21. Interested parties have raised concerns about future crime. The introduction of four dwellings is likely to increase active surveillance of the appeal site, and I have no substantive evidence to demonstrate that crime could increase as a result of the proposal. 22. In terms of potential noise, disturbance and light pollution given the historic use of the site as a garage area which could accommodate a large number of vehicles, I do not consider that the proposal would result in an increase in noise, light pollution or car fumes. However, I have imposed planning conditions which would restrict external lighting and require further information in relation to the installation of air source heat pumps to ensure that these do not cause noise disturbance to neighbouring occupiers. 23.

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Land at Shawley Crescent , Epsom Downs , Surrey , KT18 5PQ — Reigate and Banstead Borough Council — Appeal Decision Interested parties also state that the proposed development would harm highway safety, with concerns raised about an increase in traffic, the loss of the garages, the level of parking provision, pedestrian safety including for those attending the local school, the safety of the vehicular access and issues with existing on-street parking locally. The appeal proposal provides four dwellings which would result in a limited increase in local traffic. It would have a parking area of sufficient size for eight vehicles, reducing the likelihood of any overspill parking, and a turning area which would enable vehicles to enter and leave the site in a forward gear. The access road to the site is narrow but relatively straight, which ensures that there would be sufficient visibility for drivers using it. This would significantly reduce the potential for conflict between pedestrians and vehicles. 24. Concerns in relation to construction traffic, inconvenience and noise have also been raised. I have sympathy for existing occupiers as development of this nature would inevitably give rise to some disruption. However, the works would be time limited and it would not be reasonable to withhold consent on this basis alone.

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Land at Shawley Crescent , Epsom Downs , Surrey , KT18 5PQ — Reigate and Banstead Borough Council — Appeal Decision In terms of future traffic and noise related to the completed development, the addition of four dwellings within a residential area is unlikely to cause harmful noise and disturbance as a result of the additional comings and goings of future occupiers and visitors. 25. I note concerns in relation to the accuracy of the submitted drawings. However, from my review of the proposal on site, the submitted drawings appeared to be accurate, notwithstanding that the submitted 3D modelling is for illustrative purposes only. I have no reason to doubt therefore that the drawings are correct. I also note that the Council raise no issue in this respect. 26. In relation to the effect on trees I have imposed a planning condition requiring details to ensure the protection of trees on and adjoining the appeal site. Similarly, in relation to flooding and drainage, a Flood Risk Assessment has been submitted and considered by the Council’s Drainage Consultant who indicates that the principle is acceptable but that further information is required. Consequently, a detailed surface water planning condition is imposed which requires the submission of details to be approved prior to the commencement of development.

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Land at Shawley Crescent , Epsom Downs , Surrey , KT18 5PQ — Reigate and Banstead Borough Council — Appeal Decision Overall, I have been provided with no substantive evidence which would prompt me to disagree with the Council’s conclusions on these matters which was that there would be no unacceptable harm in these respects. https://www.gov.uk/planning-inspectorate 4

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Land at Shawley Crescent , Epsom Downs , Surrey , KT18 5PQ — Reigate and Banstead Borough Council — Appeal Decision Overall, I have been provided with no substantive evidence which would prompt me to disagree with the Council’s conclusions on these matters which was that there would be no unacceptable harm in these respects. https://www.gov.uk/planning-inspectorate 4

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Land at Shawley Crescent , Epsom Downs , Surrey , KT18 5PQ — Reigate and Banstead Borough Council — Appeal Decision Appeal Decision APP/L3625/W/25/3367630 27. Although the Council can demonstrate a 5-year supply of housing land this is not a reason to reject what I have found to be acceptable proposals for the site. One of the Government’s objectives is to significantly boost the supply of housing and the proposal would provide four dwellings reasonably located for local services and facilities. The proposal would also accord with the broad support for windfall sites and would represent an efficient use of previously developed land. 28. Objections have also been raised about the impact of the proposal on the Green Belt and on a conservation area. However, as the site is not located within a conservation area or the Green Belt, there would be no harmful impact in this regard. 29. Issues which include the effect on the value of neighbouring properties, losses of private views, drainage and sewerage capacity, effects on local infrastructure, and access for emergency services have been drawn to my attention together with a number of civil matters such as the Right to Light.

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Land at Shawley Crescent , Epsom Downs , Surrey , KT18 5PQ — Reigate and Banstead Borough Council — Appeal Decision These issues are largely identified and considered within the Council’s Committee report and it is noted that the Council did not consider these were reasons to refuse the application. I have been provided with no substantive evidence which would prompt me to disagree with the Council’s conclusions on these matters. Consequently, while I have considered the concerns raised by local residents, they do not alter my overall conclusion that the appeal should be allowed Conditions 30. I have had regard to the various planning conditions that have been suggested. I have considered them against the tests in the Framework and the advice in the Planning Practice Guidance (PPG). I have made such amendments as necessary to comply with those documents and for clarity and consistency. 31. In addition to the standard time limit, I have imposed an approved plans condition in the interests of certainty. 32. Given the proximity of the appeal site to residential properties, conditions requiring the submission of a Construction Management Statement and Construction Transport Management Plan are necessary in the interests of neighbouring occupiers’ living conditions and highway safety.

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Land at Shawley Crescent , Epsom Downs , Surrey , KT18 5PQ — Reigate and Banstead Borough Council — Appeal Decision Details of the modification to the bellmouth, access road and any necessary parking restrictions during the construction period are also necessary in the interests of highway safety. 33. I have imposed a condition requiring details of finished floor levels in the interest of neighbouring occupiers’ living conditions. Conditions requiring details of external materials, boundary treatments and hard and soft landscaping are necessary to preserve the character and appearance of the area. 34. A condition requiring the provision of on-site car parking and turning areas is necessary to ensure highway safety. Conditions requiring electric vehicle chargers and travel information packs are imposed to promote lower emission vehicles and sustainable modes of transport. 35. I have imposed a condition requiring all dwellings to be provided with the infrastructure to facilitate a connection to high speed broadband. However, I have modified the condition to require the provision of infrastructure prior to the https://www.gov.uk/planning-inspectorate 5

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Land at Shawley Crescent , Epsom Downs , Surrey , KT18 5PQ — Reigate and Banstead Borough Council — Appeal Decision Appeal Decision APP/L3625/W/25/3367630 occupation of the dwellings. A condition requiring a water efficiency statement is necessary to limit water use. Conclusion 36. For the above reasons, and having had regard to all other matters raised, the proposed development would accord with the development plan and the Framework. The appeal is therefore allowed.

Page 6 · Chunk 20 B Pattison

Land at Shawley Crescent , Epsom Downs , Surrey , KT18 5PQ — Reigate and Banstead Borough Council — B Pattison INSPECTOR SCHEDULE OF CONDITIONS 1) The development hereby permitted shall begin not later than 3 years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with the following approved plans: 5213970-ATK-03-XX-DRAR-031527/P3; 5213970- ATK-03-XX-DRAR-031529/P3; 5213970-ATK-03-XX-DRAR-031528/P3; 5213970-ATK-03-XX-DRAR-031530/P3; 5213970-ATK-03-00-DRAR- 021524/P3; 5213970-ATK-04-ZZ-DRAR-011510/P3; 5213970-ATK-04-ZZ- DRAR-011508/P3; 5213970-ATK-03-ZZ-DRAR-011521/P4; 5213970-ATK-03- XX-DRAR-031522/P1; 5213970-ATK-03-XX-DRAR-031521/P1; 5213970-ATK- 03-00-DRAR-021522/P1; 5213970-ATK-03-00-DRAR-021523/P1; 5213970- ATK-03-00-DRAR-021521/P1; 5213970-ATK-03-XX-DRAR-031526/P1; 5213970-ATK-03-XX-DRAR-031525/P1; 5213970-ATK-03-00-DRAR-021525/P2 and 5213970-ATK-03-XX- DRAR-031523/P1 3) No development shall take place until a Construction Management Statement (CMS) has been submitted to and approved in writing by the Local Planning Authority. Thereafter, the approved CMS shall be implemented and adhered to throughout the entire construction period. The CMS shall include details of: a) Prediction of potential impacts with regard to waste, noise and vibration, dust, emissions and odours.

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Land at Shawley Crescent , Epsom Downs , Surrey , KT18 5PQ — Reigate and Banstead Borough Council — B Pattison Where potential impacts are identified, mitigation measures should be identified to address these impacts. b) Information about the measures that will be used to protect privacy and the amenity of surrounding sensitive uses; including provision of appropriate boundary protection. c) Means of communication and liaison with neighbouring residents and businesses. d) Hours of work. 4) No development shall take place until a Construction Transport Management Plan (CTMP) has been submitted to and approved in writing by the Local Planning Authority. Thereafter, the approved CTMP shall be implemented and adhered to throughout the entire construction period. The CTMP shall include details of: (a) parking for vehicles of site personnel, operatives and visitors https://www.gov.uk/planning-inspectorate 6

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Land at Shawley Crescent , Epsom Downs , Surrey , KT18 5PQ — Reigate and Banstead Borough Council — B Pattison Appeal Decision APP/L3625/W/25/3367630 (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 (extent of surveys to be agreed with County Highway Authority) and a commitment to repair the highway to a standard agreed with the County Highway Authority (j) on-site turning for construction vehicles 5) No development shall take place unless and until finalised details of the proposed access including the proposed modification to the bellmouth and access road and any necessary parking restrictions have been submitted to and agreed in writing by the Local Planning Authority. Any parking restriction details submitted must have been approved by the Surrey County Council Highway Authority prior to submission.

Page 7 · Chunk 23 B Pattison

Land at Shawley Crescent , Epsom Downs , Surrey , KT18 5PQ — Reigate and Banstead Borough Council — B Pattison No occupation of the development shall take place, including demolition, until the modifications to the access road and bellmouth and any parking restrictions have been fully completed in accordance with the agreed details. The access arrangement shall thereafter be permanently retained as agreed. 6) No development shall take place, including demolition and or groundworks preparation, until a detailed, scaled finalised Tree Protection Plan (TPP) and the related finalised Arboricultural Method Statement (AMS) has been submitted to and approved in writing by the Local Planning Authority (LPA). These shall include details of the specification and location of exclusion fencing, ground protection and any construction activity that may take place within the Root Protection Areas (RPA) of trees shown to scale on the TPP, including the installation of service routings, type of surfacing for the entrance drive and location of site offices. The AMS shall also include a pre commencement meeting, supervisory regime for their implementation & monitoring with an agreed reporting process to the LPA. All works shall be carried out in strict accordance with these details when approved.

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Land at Shawley Crescent , Epsom Downs , Surrey , KT18 5PQ — Reigate and Banstead Borough Council — B Pattison 7) No development shall take place, with the exception of demolition, until the developer obtains the Local Planning Authority's written approval of details of both proposed ground levels and the proposed finished floor levels of the buildings. The development shall be carried out in accordance with the approved levels. 8) No development shall take place until a strategy for the disposal of surface and foul water (surface water drainage scheme) has been submitted to and approved in writing by the Local Planning Authority. The design must satisfy the SuDS Hierarchy and be compliant with the national Non-Statutory Technical Standards for SuDs, NPPF and Ministerial Statement on SuDs and be based on the submitted FRA and Drainage Strategy submitted with the application. Details of drainage management responsibilities and maintenance regimes for the https://www.gov.uk/planning-inspectorate 7

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Land at Shawley Crescent , Epsom Downs , Surrey , KT18 5PQ — Reigate and Banstead Borough Council — B Pattison Appeal Decision APP/L3625/W/25/3367630 drainage system must also be included. The works shall be carried out in accordance with the approved details. 9) No development shall take place until a written comprehensive environmental desktop study report to identify and evaluate possible on and off site sources, pathways and receptors of contamination and enable the presentation of all plausible pollutant linkages in a preliminary conceptual site model has been submitted to and approved in writing by the Local Planning Authority. The study shall include relevant regulatory consultations such as with the Contaminated Land Officer and any additional requirements that it may specify. The report shall be prepared in accordance with the Environment Agency’s Land Contamination: Risk Management Guidance (2020) and British Standard BS 10175.

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Land at Shawley Crescent , Epsom Downs , Surrey , KT18 5PQ — Reigate and Banstead Borough Council — B Pattison 10) No development shall take place until, in follow-up to the environmental desktop study, a contaminated land site investigation proposal, detailing the extent and methodologies of sampling, analyses and proposed assessment criteria required to enable the characterisation of the plausible pollutant linkages identified in the preliminary conceptual model, has been submitted to the Local Planning Authority. This is subject to the written approval in writing of the Local Planning Authority, and any additional requirements that it may specify, prior to any site investigation being commenced on site. Following approval, the Local Planning Authority shall be given a minimum of two weeks written notice of the commencement of site investigation works. Please note this means a proposal is required to be submitted and approved prior to actually undertaking a Site Investigation.

Page 8 · Chunk 27 B Pattison

Land at Shawley Crescent , Epsom Downs , Surrey , KT18 5PQ — Reigate and Banstead Borough Council — B Pattison 11) No development shall take place until a contaminated land site investigation and risk assessment, undertaken in accordance with the site investigation proposal as approved that determines the extent and nature of contamination on site and is reported in accordance with the standards of DEFRA’s and the Environment Agency’s Land Contamination: Risk Management Guidance (2020) and British Standard BS 10175, has been submitted and approved in writing by the Local Planning Authority. If applicable, ground gas risk assessments should be completed inline with CIRIA C665 guidance. 12) a. Prior to commencement of the development a detailed remediation method statement should be produced that details the extent and method(s) by which the site is to be remediated, to ensure that unacceptable risks are not posed to identified receptors at the site and details of the information to be included in a validation report, has been submitted to and approved in writing by the Local Planning Authority, and any additional requirements that it may specify, prior to the remediation being commenced on site. The Local Planning Authority shall then be given a minimum of two weeks written notice of the commencement of remediation works. b.

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Land at Shawley Crescent , Epsom Downs , Surrey , KT18 5PQ — Reigate and Banstead Borough Council — B Pattison Prior to occupation of the development, a remediation validation report for the site shall be submitted to and agreed in writing by the Local Planning Authority. The report shall detail evidence of the remediation, the effectiveness of the remediation carried out and the results of post remediation works, in accordance with the approved remediation method statement and any addenda thereto, so as to enable future interested parties, including regulators, to have a single record of the remediation undertaken at the site. Should specific ground gas https://www.gov.uk/planning-inspectorate 8

Page 8 · Chunk 29 B Pattison

Land at Shawley Crescent , Epsom Downs , Surrey , KT18 5PQ — Reigate and Banstead Borough Council — B Pattison Prior to occupation of the development, a remediation validation report for the site shall be submitted to and agreed in writing by the Local Planning Authority. The report shall detail evidence of the remediation, the effectiveness of the remediation carried out and the results of post remediation works, in accordance with the approved remediation method statement and any addenda thereto, so as to enable future interested parties, including regulators, to have a single record of the remediation undertaken at the site. Should specific ground gas https://www.gov.uk/planning-inspectorate 8

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Land at Shawley Crescent , Epsom Downs , Surrey , KT18 5PQ — Reigate and Banstead Borough Council — B Pattison Appeal Decision APP/L3625/W/25/3367630 mitigation measures be required to be incorporated into a development the testing and verification of such systems should have regard to CIRIA C735 guidance document entitled ‘Good practice on the testing and verification of protection systems for buildings against hazardous ground gases’ and British Standard BS 8285 Code of practice for the design of protective measures for methane and carbon dioxide ground gases for new buildings. 13) Contamination not previously identified by the site investigation, but subsequently found to be present at the site shall be reported to the Local Planning Authority as soon as is practicable. If deemed necessary development shall cease on site until an addendum to the remediation method statement, detailing how the unsuspected contamination is to be dealt with, has been submitted in writing to the Local Planning Authority. The remediation method statement is subject to the written approval of the Local Planning Authority and any additional requirements that it may specify.

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Land at Shawley Crescent , Epsom Downs , Surrey , KT18 5PQ — Reigate and Banstead Borough Council — B Pattison Note: Should no further contamination be identified then a brief comment to this effect shall be required to discharge this condition 14) Prior to the first occupation of the development, a verification report carried out by a qualified drainage engineer must be submitted to and approved by the Local Planning Authority. This must demonstrate that the surface water drainage system has been constructed in accordance with the agreed scheme. 15) a. The developer must either submit evidence that the building was built post 2000 or provide an intrusive pre-demolition and refurbishment asbestos survey in accordance with HSG264 supported by an appropriate mitigation scheme to control risks to future occupiers should asbestos be present onsite. b. The remedial mitigation scheme must be written by a suitably qualified person and shall be submitted to the LPA and must be approved in writing prior to commencement to the development. The scheme as submitted shall identify potential sources of asbestos contamination and detail removal or mitigation appropriate for the proposed end use.

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Land at Shawley Crescent , Epsom Downs , Surrey , KT18 5PQ — Reigate and Banstead Borough Council — B Pattison Detailed working methods are not required but the scheme of mitigation shall be independently verified to the satisfaction of the LPA prior to occupation. The development shall then be undertaken in accordance with the approved details. 16) No development shall take place above slab level until written details of the elements listed below have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details and all boundary treatment shall be completed before the first occupation of the development hereby permitted. a. materials to be used in the construction of the external surfaces of the buildings, including fenestration and roof b. the finalised positions, design, materials and type of boundary treatment to be erected, including provisions for wildlife access where practical and feasible. 17) No development above slab level shall take place until details of hard and soft landscaping are submitted to and approved in writing by the Local Planning Authority (LPA). These shall include frontage tree and hedge planting and any other proposed, soft or hard, landscaping in the frontages and parking areas.

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Land at Shawley Crescent , Epsom Downs , Surrey , KT18 5PQ — Reigate and Banstead Borough Council — B Pattison The soft landscape details shall include an establishment maintenance schedule https://www.gov.uk/planning-inspectorate 9

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Land at Shawley Crescent , Epsom Downs , Surrey , KT18 5PQ — Reigate and Banstead Borough Council — B Pattison The soft landscape details shall include an establishment maintenance schedule https://www.gov.uk/planning-inspectorate 9

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Land at Shawley Crescent , Epsom Downs , Surrey , KT18 5PQ — Reigate and Banstead Borough Council — B Pattison Appeal Decision APP/L3625/W/25/3367630 for a minimum of 2 years, full planting specifications, planting sizes & densities. Upon implementation of the approved development all the landscaping works shall be carried out in strict accordance with the landscape details as approved, and these shall be completed, before building completion, occupation or use of the approved development whichever is the earliest. If any of the new or existing tree/s or hedge/s, detailed and approved under this condition, are removed, die, or become significantly damaged or diseased within 5 years of completion, it/they shall be replaced before the expiry of one calendar year, to a planting specification agreed in writing by the Local Planning Authority. The hedges detailed shall be retained at a minimum height of 1 metre, or if new, once grown to this height thereafter. 18) No external lighting shall be installed on the buildings hereby approved or within the site until an external lighting scheme, which shall include indication of the location, height, direction, angle and cowling of lights, and the strength of illumination, accompanied by a light coverage diagram, has been submitted to and agreed in writing by the local planning authority.

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Land at Shawley Crescent , Epsom Downs , Surrey , KT18 5PQ — Reigate and Banstead Borough Council — B Pattison The external lighting shall be implemented in accordance with the approved scheme and be retained thereafter and maintained in accordance with the manufacturer's instructions. 19) No Air Source Heat Pumps shall be installed at the site until details of the final siting and positioning and model/make of the proposed Air Source Heat Pumps (ASHP) and an assessment, that demonstrates receiving windows at adjacent properties will be sufficiently far away that the noise output of the pumps will not result in an unacceptable noise level to the occupants, has been submitted to and approved in writing by the Local Planning Authority. Thereafter, the ASHP shall be installed and maintained in accordance with the agreed details prior to the first occupation of that dwelling. 20) The development shall be carried out in accordance with the mitigation measures set out within the Cherryfield Ecology Ecological Appraisal dated 04/04/2023 Section 4.3 and 4.4, Table 14. 21) No development above slab level shall commence until finalised details of the proposed biodiversity enhancement measures have been submitted to and approved in writing by the local planning authority (LPA).

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Land at Shawley Crescent , Epsom Downs , Surrey , KT18 5PQ — Reigate and Banstead Borough Council — B Pattison This should be designed alongside the soft landscaping proposals for the site and incorporate the recommended enhancement measures detailed in Section 4.4, Table 15 of the submitted Ecological Appraisal from Cherryfield Ecology dated 04/04/2023. The biodiversity enhancement measures approved shall be carried out and maintained in strict accordance with these details or as otherwise agreed in writing by the LPA, and before occupation of this development. 22) The development hereby approved shall not be first occupied unless and until space has been laid out in accordance with the approved plans for vehicles to turn so that they may enter and leave the site in a forward gear. Thereafter the parking and turning areas shall be retained and maintained for their designated purpose. https://www.gov.uk/planning-inspectorate 10

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Land at Shawley Crescent , Epsom Downs , Surrey , KT18 5PQ — Reigate and Banstead Borough Council — B Pattison Appeal Decision APP/L3625/W/25/3367630 23) Notwithstanding the approved plans the development hereby approved shall not be occupied unless and until each of the proposed dwellings are provided with a fast charge socket (current minimum requirement: 7kw Mode 3 with Type 2 connector - 230 v AC 32 amp single phase dedicated supply) in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority. 24) The development hereby permitted shall not be occupied until a Travel Information Pack containing information on employment, education, retail and leisure land uses within 2 km walking distance and 5km cycling distance of the site and details of public transport within 400 metres of the site and the destinations they serve including to the closest rail station to the site has been submitted to and approved in writing with the Local Planning Authority. The approved document shall be distributed to residents of the proposed development upon first occupation. 25) Notwithstanding the approved plans the development shall not be first occupied until a refuse management plan has been submitted to and agreed in writing by the Local Planning Authority.

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Land at Shawley Crescent , Epsom Downs , Surrey , KT18 5PQ — Reigate and Banstead Borough Council — B Pattison The management plan shall include details of: - the finalised method of collection for the site, including details of private collection if necessary (this should include details of the company, their method of collection in terms of access, their frequency and waste streams. - finalised location, size and finish of any required refuse collection area - details of how the bin presentation area will be managed to mitigate against nuisance to neighbouring properties (see informative 13 for more guidance on what is expected in relation to management details) Any agreed bin presentation area shall be installed and management plan implemented prior to the first occupation of the development and shall thereafter be retained and maintained in accordance with the approved details 26) The development hereby approved shall not be first occupied until a Water Efficiency Statement has been submitted to and approved in writing by the Local Planning Authority. The Statement shall detail how the development will ensure that the potential water consumption by occupants of each new dwelling does not exceed 110 litres per person per day.

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Land at Shawley Crescent , Epsom Downs , Surrey , KT18 5PQ — Reigate and Banstead Borough Council — B Pattison The development shall be carried out in accordance with the approved details and any measures specific to an individual dwelling(s) shall be implemented, installed and operational prior to its occupation. 27) The development shall not be first occupied until all dwellings within the development hereby approved have been provided with the necessary infrastructure to facilitate connection to a high speed broadband. Unless otherwise agreed in writing with the Local Planning Authority, this shall include as a minimum: a) A broadband connection accessed directly from the nearest exchange or cabinet b) Cabling and associated installations which enable easy access for future repair, replacement or upgrading. END OF SCHEDULE https://www.gov.uk/planning-inspectorate 11

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

Main issues and findings

Living conditions
Against appellant
¶10

The proposal would provide clear physical separation between the built form of the buildings on the site and the neighbouring properties, and the layout would ensure that the proposed dwellings' side elevations would be set back from the shared boundaries with the gardens of Nos. 27, 29 and 31.

Living conditions
Against appellant
¶7

The proposed development would have a greater visual presence than the existing garages, but the design would incorporate hipped roofs that pitch sharply away from the nearest residential properties, reducing their perceived bulk.

Living conditions
Against appellant
¶9

The proposal would not feature windows facing neighbouring properties, and the orientation of the dwellings would ensure that views from the upper floors would be directed within the appeal site rather than towards neighbouring properties.

Flood risk
Against appellant
¶26

A Flood Risk Assessment has been submitted and considered by the Council's Drainage Consultant, who indicates that the principle is acceptable but that further information is required.

Trees and landscape
Against appellant
¶20

The proposal would require a Tree Protection Plan and a related Arboricultural Method Statement, which would include details of the specification and location of exclusion fencing, ground protection, and any construction activity that may take place within the Root Protection Areas of trees shown to scale on the TPP.

Highway safety
Against appellant
¶23

The appeal proposal provides four dwellings which would result in a limited increase in local traffic, and the access road to the site is narrow but relatively straight, which ensures that there would be sufficient visibility for drivers using it.

Ecology and biodiversity
Against appellant
¶19

The proposal would require a contaminated land site investigation and risk assessment, which would determine the extent and nature of contamination on site and be reported in accordance with the standards of DEFRA's and the Environment Agency's Land Contamination: Risk Management Guidance (2020) and British Standard BS 10175.

Other
Against appellant
¶14

The proposal would require a detailed remediation method statement, which would detail the extent and method(s) by which the site is to be remediated, to ensure that unacceptable risks are not posed to identified receptors at the site.

Policies relied on

Reference Weight
NPPF 208
Determinative
Local Plan D1
Substantial

Site constraints from the Casework Database

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

Source

Decision letter, 11 pages, issued by the Planning Inspectorate on 19 November 2025 under the Open Government Licence.