- Decision
- dismissed, 9 September 2026
- Decided by
- Planning Inspector: Thomas Courtney
- Authority
- Surrey Heath (South East)
- Appeal reference
- 6007519
- Application reference
- 26/0077
- Procedure
- written representations
- Development
- Change of use of residential annex to children's day nursery (up to 18 children)
- Site context
- inside settlement
- Green Belt
- No
- Framework applied
- December 2024 NPPF (transitional)
- Determinative policies
- s38(6)
- Development plan policies
- Surrey Heath Core Strategy and DM Policies 2012 DM9, emerging Surrey Heath Local Plan DH1
- Main issues
- living conditions; noise and disturbance
Summary
An 18-child day nursery in an annex on a quiet cul-de-sac. Dismissed on disturbance grounds even though the acoustic assessment and the EHO found no problem with average noise levels. The harm came from the "cumulative disturbance associated with the scale and pattern of activity" (DL ¶14). The preliminary paragraph refers to the Framework "published on 12 December 2024", a template slip, and the letter never engages with the 2026 Framework.
What made the difference
Character and pattern of activity rather than decibels, relying on the PPG. The appellant's own trip forecast (57 to 64 two-way movements a day) drove the finding (DL ¶8-9, 15).
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| DM9 (Surrey Heath CS&DMP) | conflict | acoustic assessment and EHO accepted on average noise levels, but 57-64 daily two-way trips, drop-off activity and intermittent child noise cumulatively erode a quiet cul-de-sac (DL 7-16); P3 equivalent, not cited | |
| HC4 | benefit | need for childcare places acknowledged but does not outweigh harm; jobs "very limited weight" (DL 17-18); code mapped by harvester |
Key facts
- Cul-de-sac of fewer than 20 homes
- Preliminary note says the "revised" Framework was "published on 12 December 2024" in a September 2026 letter (DL 3); the 2026 Framework is not referred to
- Emerging plan at main modifications stage given limited weight (DL 4)
Sources
This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.