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Boyer secures planning permission on behalf of Fairfax Properties for residential development in the Green Belt


The application was initially refused by Epsom and Ewell Borough Council at Planning Committee in February 2021. However, following our advice, our client (Fairfax Properties) instructed us to prepare an appeal against the refusal of permission. The appeal followed the informal hearing procedure, which took place on 6th July. The appeal reference is (APP/P3610/W/21/3280881) and can be viewed on the Planning Inspectorate website.

The proposal sought the demolition of former farm structures & buildings and construction of 20 homes with associated parking and landscaping. The homes have been designed as barn style structures to reflect the former farm use at the site and to take into account the site’s location in the Green Belt .

During the appeal, it was argued that part of the site comprised previously developed land, however given the existence of small-scale employment uses on the site, the Inspector took the view that as the site also contained former farm structures, paragraph 149 (g) could not be applied. Boyer did not agree with the approach taken in applying this policy. There will be many situations where former farmsteads have diversified through the passage of time and therefore, we consider that a less rigid approach to paragraph 149(g) should be applied, in order to allow these types of sites to be developed.

Nevertheless, the Inspector concluded that very special circumstances (VSCs) had been demonstrated to justify this development in the Green Belt. These VSCs included the provision of market housing which would contribute towards the Council’s five-year housing land supply figure of 0.68 years, a policy compliant affordable housing offer of 40% and a biodiversity net gain of 51.73%.

Boyer are proud to have secured planning permission for a sustainable, sensitively designed, residential development that will provide much needed housing in the borough and a high-quality environment for future residents.


Visual – Munro Studios

Landscape Design – Fabrik

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