Oakenhurst Pitch Place, Thursley, GODALMING, GU8 6QW

Oakenhurst Pitch Place, Thursley, GODALMING, GU8 6QW — Waverley Borough Council — by H Miles BA (hons), MA, MRTPI an Inspector appointed by the Secretary of State Decision date: 2nd December 2025

Oakenhurst Pitch Place, Thursley, GODALMING, GU8 6QW — Waverley Borough Council — Oakenhurst, Pitch Place, Thursley, Godalming GU8 6QW • 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 Ms Karen Frank against the decision of Waverley Borough Council. • The application Ref is WA/2025/01094. • The application sought planning permission for erection of conservatory following demolition of existing conservatory without complying with a condition attached to planning permission Ref WA/2013/1250, dated 11 September 2013. • The condition in dispute is No 2 which states that: Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any other Order revoking or re- enacting that Order with or without modification), no further extensions as defined within Part 1 of Schedule 2, Classes A, B, C and D inclusive of that order, shall be erected to the dwelling hereby permitted without the written permission of the Local Planning Authority.

Oakenhurst Pitch Place, Thursley, GODALMING, GU8 6QW — Waverley Borough Council — Oakenhurst, Pitch Place, Thursley, Godalming GU8 6QW • The reason given for the condition is: Having regard to the policies of restraint which apply to the area and to accord with Policies C1 and RD2 of the Waverley Borough Local Plan 2002 and Section 5.2 of the Waverley Borough Council Supplementary Planning Document (Residential Extensions) adopted October 2010.

Oakenhurst Pitch Place, Thursley, GODALMING, GU8 6QW — Waverley Borough Council — Plan (Part 1) 2018 (LPP1) and the Local Plan (Part 2) 2023 (LPP2) have been https://www.gov.uk/planning-inspectorate

Oakenhurst Pitch Place, Thursley, GODALMING, GU8 6QW — Waverley Borough Council — Plan (Part 1) 2018 (LPP1) and the Local Plan (Part 2) 2023 (LPP2) have been https://www.gov.uk/planning-inspectorate Appeal Decision APP/R3650/W/25/3370379 adopted. I have assessed the appeal on the basis of the development plan policies in force at the time of this decision. Main Issue 3. The main issue is whether the condition is reasonable and necessary having regard to the effect of the development on the Green Belt, including the effect on its openness. Reasons 4. The Town and Country Planning (General Permitted Development) Order 2015 (as amended) (GPDO) grants planning permission for certain classes of development. Planning conditions should not be used to restrict national permitted development (PD) rights unless there is clear justification to do so and such conditions may not pass the test of reasonableness or necessity. 5. There are no particular restrictions relating to properties in the Green Belt in relation to Part 1, Classes A, B, C or D. The government’s intention that such properties should not be excluded from carrying out these small scale domestic alterations is therefore clear. Prior to the permission that is the subject of this appeal, Oakenhurst benefited from PD rights. 6.

Oakenhurst Pitch Place, Thursley, GODALMING, GU8 6QW — Waverley Borough Council — Plan (Part 1) 2018 (LPP1) and the Local Plan (Part 2) 2023 (LPP2) have been Planning permission was granted for a conservatory (LPA ref WA/2013/1250) (the parent permission) and the officer’s report states that it was part retrospective. The Council states that, including the conservatory, the dwelling would have a 134% increase in floorspace above the size of the original building. This exceeds the guidelines of a 40% increase in floorspace as set out in Policy DM14 of the LPP2, and the additions resulted in a change to the form, shape, bulk and mass of the original dwelling. It was found to be a disproportionate addition over and above the size of the original building and was consequently inappropriate development in the Green Belt. However, very special circumstances including the conservatory’s limited size, which the Council described as ‘de minimus’ and not constituting a material increase to the bulk or mass of the dwelling, and benefits to sustainability and design were found which clearly outweighed the harm to the Green Belt. There is no explanation that the Council considered the removal of PD rights as contributing to these very special circumstances as part of the parent permission. 7.

Oakenhurst Pitch Place, Thursley, GODALMING, GU8 6QW — Waverley Borough Council — Plan (Part 1) 2018 (LPP1) and the Local Plan (Part 2) 2023 (LPP2) have been If permitted development rights were not removed, it could allow further extensions and increase in floorspace to the original dwelling, including via conversion of the loft space and addition of porches. The Council consider that these would be disproportionate and harmful to openness. However, and taking into account the extent of existing additions, there is nothing before me to indicate what increase in size could be permitted. Moreover, any such extension would need to follow the limitations and conditions of the GPDO so the size and scale of any additions would be in line with these accepted criteria. 8. Any extension which, individually or cumulatively where relevant, exceeded the PD limitations would be assessed in the usual way, including whether it would be a disproportionate extension or addition. 9. Furthermore, even with subsequent alterations under PD, the conservatory itself, which is the subject of the relevant permission, would still represent only a very modest increase to size and floorspace. Its design and energy efficiency https://www.gov.uk/planning-inspectorate 2

Oakenhurst Pitch Place, Thursley, GODALMING, GU8 6QW — Waverley Borough Council — Plan (Part 1) 2018 (LPP1) and the Local Plan (Part 2) 2023 (LPP2) have been Appeal Decision APP/R3650/W/25/3370379 credentials would not change and therefore the considerations including the very special circumstances of this particular case would remain. As such the exercise of these PD rights in the future would not alter the conclusions on the parent permission and as such, the condition would not be relevant to this development. 10. Consequently, I do not have evidence that satisfies me that the minimal increase in size permitted in the circumstances of this application should remove these PD rights which such properties in the Green Belt would normally have. Therefore, there is not clear justification to remove these rights in the specific circumstances of this case and it would not be necessary or reasonable. 11. The appeal site is within the Surrey Hills National Landscape, and I give great weight to conserving and enhancing landscape and scenic beauty in this area, which has the highest status of protection in relation to these issues. I also have a duty to seek to further the statutory purposes of the National Landscape.

Oakenhurst Pitch Place, Thursley, GODALMING, GU8 6QW — Waverley Borough Council — Plan (Part 1) 2018 (LPP1) and the Local Plan (Part 2) 2023 (LPP2) have been The reason for the condition that is the subject of this appeal did not relate to the National Landscape, and there is nothing before me to indicate that the implementation of PD rights relevant to such locations would be harmful in these circumstances. Consequently, it would conserve and enhance the natural beauty of the area. Albeit, the lack of harm in this respect is a neutral matter. 12. Therefore, the condition would not be reasonable and necessary having regard to the effect of the development on the Green Belt, including the effect on its openness. As such, in this respect, the appeal scheme would not be contrary to Policies RE2 of the LPP1 and DM14 of the LPP2 2023. Taken together these require that extensions and alterations to buildings in the Green Belt should not be disproportionate to the original building and that the Green Belt will be protected against inappropriate development in accordance with the Framework, including that inappropriate development will not be permitted unless very special circumstances can be demonstrated. Conditions 13.

Oakenhurst Pitch Place, Thursley, GODALMING, GU8 6QW — Waverley Borough Council — Plan (Part 1) 2018 (LPP1) and the Local Plan (Part 2) 2023 (LPP2) have been The Planning Practice Guidance makes clear that decision notices for the grant of planning permission under section 73 should also restate the conditions imposed on earlier permissions that continue to have effect. There is no information before me about the status of the other conditions imposed on the original planning permission. I shall impose all those that I consider remain relevant. 14. In the interests of certainty, a condition to define the plans with which the scheme should accord is attached. A condition specifying materials is required in the interests of the character and appearance of the area. However, for the reasons above the original condition 2 is not attached. Conclusion 15. For the reasons given above I conclude that the appeal should succeed. I will grant a new planning permission without the disputed condition and restating those undisputed conditions that are still subsisting and capable of taking effect.

Oakenhurst Pitch Place, Thursley, GODALMING, GU8 6QW — Waverley Borough Council — H Miles INSPECTOR https://www.gov.uk/planning-inspectorate 3