Erection of a garage and associated extension to the existing driveway
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Green Belt Policy
Policy Weight
Trees & Landscape
Inspector’s Reasoning
Appeal Decision
Site visit made on 19 August 2026
by Stewart Glassar BSc (Hons) MRTPI
an Inspector appointed by the Secretary of State
Decision date: 11 September 2026
Appeal Ref: 6012763
Fourays, Horsham Road, Capel, Dorking RH5 5LF
• 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 Julian Sharpe against the decision of Mole Valley District Council.
• The application Ref is MO/2026/00653.
• The development proposed is the erection of a garage and associated extension to the existing
driveway.
Decision
1. The appeal is allowed and planning permission is granted for the erection of a
garage and associated extension to the existing driveway at Fourays, Horsham
Road, Capel, Dorking RH5 5LF in accordance with the terms of the application,
Ref MO/2026/00653, subject to the conditions in the schedule below.
Preliminary Matters
2. I have taken the description of development from the Council’s decision notice as it
more clearly encompasses the extent of the proposed development.
3. A revised National Planning Policy Framework (the Framework) was published by
the Government in August 2026, after the determination of the planning
application. It does not raise any new considerations in relation to this appeal.
Main Issue
4. The main issue is whether the proposed development would be inappropriate
development in the Green Belt having regard to the National Planning Policy
Framework and any relevant development plan policies.
Reasons
5. The Framework stipulates that development in the Green Belt should be regarded
as inappropriate unless it falls within one of the categories set out in policy GB7. In
tandem with this, Policy EN1 of the Mole Valley Local Plan 2024 (MVLP), seeks to
protect the Green Belt from inappropriate development as defined by national
policy. This policy also identifies specific forms of development, some of which
require compliance with other Local Plan policies. These are broadly reflective of
the Framework.
6. Policy GB7(1)(e) of the Framework states that the redevelopment of previously
developed land (including a material change of use to residential or mixed-use
including residential), which would not cause substantial harm to the openness of
Appeal Decision 6012763
2
the Green Belt, is not inappropriate in the Green Belt and therefore should not be
regarded as harmful to it.
7. The Council, taking into account a previous appeal decision on the site, accepted
that the site would represent previously developed land. I have no reason to
disagree with that conclusion. Thus, the key issue is whether the proposal would
result in substantial harm to the openness of the Green Belt.
8. The garage and driveway would be located within the grassed, front garden area
of the existing dwelling. The garage is said to have a footprint of some 36.54m²
and as whole the proposal would occupy just over 20% of the front garden.
Clearly, as there is currently no built form in this part of the site there would
inevitably be a spatial loss of openness of the Green Belt.
9. The garage would be set away from the boundary with Horsham Road and the
mature trees and vegetation around the site would largely conceal the building and
driveway from wider views. The scale of activity the development would generate
is unlikely to have a material effect upon views or the wider area more generally.
Despite this, some more localised views of the garage and driveway may be
possible, particularly from occupants of the new dwelling which has recently been
permitted. However, the positioning of outbuildings forward of a main dwelling is
not an uncommon occurrence in the area and so visually it would not appear out of
context with this part of the Green Belt.
10. Taking the above as a whole, the development would result in some uplift in the
spatial as well as visual presence of the new garage. Collectively, even if this
resulted in some harm to the openness of the Green Belt, given the amount and
type of development proposed as well as where it would be positioned, I do not
find that this would result in substantial harm to the openness of the Green Belt.
11. Therefore, the proposal would not be inappropriate development in the Green Belt.
As such, it would accord with the approach to development in the Green Belt as
set out in the Framework and Policy EN1 of the MVLP which, amongst other things
seek to safeguard the Green Belt from inappropriate development.
12. As I have found that the proposal would not be inappropriate development in the
Green Belt by virtue of policy GB7(1)(e) of the Framework, it is not necessary for
me to consider whether it would accord with any other Framework exceptions as
this would not alter my findings in relation to GB7(1)(e). As a further consequence,
I also do not need to consider whether there are other considerations and whether
they amount to very special circumstances necessary to justify the development.
Conditions
13. In addition to the standard time limit, a condition listing the approved drawings is
necessary in the interests of certainty.
14. The site is within the countryside and the garage would be positioned close to
some existing trees. The proposal is supported by various documents relating to
tree protection, ecological and biodiversity enhancements. Conditions ensuring the
necessary protection and enhancement measures are properly implemented are
therefore necessary. In support of these measures, it is also necessary to impose
a condition ensuring that any external lighting serving the development is
appropriate for this location.
Appeal Decision 6012763
3
Conclusion
15. The proposal would not be inappropriate development in the Green Belt.
Therefore, having considered the development plan as a whole, along with all
other relevant material considerations, I conclude that the appeal should be
allowed subject to conditions.
Stewart Glassar
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 drawings and documents:
Location Plan - Pl03
Proposed Site Plan - PL-04
Cross Section - PL02
Proposed Plans - PL01 A
Tree Protection Plan - 4352-PL-07
Ecological Enhancements Plan - PL-05
Arboricultural Impact Assessment and Method Statement
HPI Protection details, Ecological Enhancement Plan, Construction
Environment Management Plan
3) The development hereby permitted shall be carried out in accordance with
the approved HPI Protection Details, Ecological Enhancement Plan and
Construction Environment Management Plan.
4) The development hereby permitted shall be carried out in accordance with
the approved Tree Protection Plan (4352-PL-07) and Arboricultural Impact
Assessment and Method Statement.
5) Prior to the occupation of the development, the biodiversity enhancements
included on Drawing Number PL-05 should be installed.
6) Details of any external lighting serving or incidental to the development
hereby permitted shall be submitted to and approved in writing by the local
planning authority. The development shall be carried out in accordance with
the approved details.
*** END OF SCHEDULE***
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