# Henhurst Lodge, Beare Green

- **Decision:** dismissed, 16 September 2026
- **Decided by:** Planning Inspector: R Lawrence
- **Authority:** Mole Valley (South East)
- **Appeal reference:** 6008528
- **Application reference:** MO/2025/02135
- **Procedure:** written-representations
- **Development:** Retention of the pre-existing dwelling following erection of the replacement dwelling permitted in 2017 (MO/2016/2052), with new driveway
- **Homes:** 1
- **Site context:** green-belt, open-countryside, rural-lane, ancient-woodland
- **Green Belt:** yes (grey belt accepted)
- **Framework applied:** August 2026 NPPF
- **Determinative policies:** GB6(2), GB7(1)(g)(iii), TR3, N6
- **Development plan policies:** Mole Valley Local Plan 2024 EN1, EN4, EN9
- **Main issues:** inappropriate development, grey belt, sustainable location, openness, character, ancient woodland, VSC
- **Tags:** grey-belt-accepted, sustainable-location-fail, rural-lane-no-footway, connectivity-tool, hdt-unmet-need, vsc-not-shown, openness-harm, ancient-woodland, small-scheme, s5-not-displacing-gb

## Summary
The appellant sought to keep an original house, which was due to be demolished under a 2017 replacement-dwelling permission, as an extra dwelling in the Mole Valley Green Belt. Dismissed. Grey belt and unmet need were accepted: the Council has a five-year supply, but its HDT is below 75%. Limb (iii) sustainable location failed on an unlit lane with no footways, remote from the village and station, with a Connectivity Tool score of 25/100. A new driveway through ancient woodland separately failed N6.

## Issues and findings
- **Transition.** The parties commented on the 17 Aug 2026 Framework (DL ¶2).
- **Replacement exception lost.** "its demolition was a key justification for the erection of a replacement dwelling. That replacement dwelling would constitute new development, and the exception in policy GB7 relating to the replacement of existing buildings, would no longer apply" (DL ¶7).
- **S5 does not displace GB7.** "policy S5 is a general policy relating to development outside settlements and does not displace the specific Green Belt provisions of policy GB7" (DL ¶8).
- **GB7(1)(g)(i): PASS.** It "could constitute grey belt land … the site does not make a strong contribution to the purposes" (DL ¶9).
- **GB7(1)(g)(ii): PASS via HDT.** "Whilst it can now demonstrate a five-year supply … the most recent Housing Delivery Test result remains below 75%. Consequently, having regard to policy GB7(g)(ii) and footnote 41 … there is an evidenced unmet need for housing" (DL ¶10).
- **GB7(1)(g)(iii) / TR3: FAIL.** "Beare Green Road does not benefit from pavements or street lighting and, as such, does little to encourage journeys on foot" (DL ¶11). "the Connectivity Tool, which assigns the site a score of 25/100 … should be considered alongside local evidence and professional judgement. However, that wider evidence does not support the appellant's case" (DL ¶12). "future occupiers would be largely reliant upon the private car … This would not provide the genuine choice of travel modes sought by the Framework" (DL ¶13).
- **Openness: considerable weight** to spatial and visual harm (DL ¶19).
- **N6 ancient woodland: FAIL.** "the absence of excavation does not automatically mean that harm would be avoided" (DL ¶25). "the convenience of providing a separate access does not amount to a wholly exceptional reason" (DL ¶29).

## Planning balance
GB6(2) VSC. On one side, substantial weight to Green Belt harm plus harm to ancient woodland and modest character harm. On the other, limited weight each to avoided demolition (CC2/CC3), local historic interest, and bat roost retention, all discounted because those consequences had already been accepted in the 2017 permission (DL ¶32-37). These fell "well short" (DL ¶38).

## What made the difference
Location. Every other grey belt limb passed, including unmet need through the HDT route despite a five-year supply. But a lane with no footways or lighting and remoteness from services failed limb (iii), and the low Connectivity Tool score corroborated this. The ancient woodland driveway was a free-standing second reason.

## Transferable points
- Footnote 41 is satisfied by an HDT result below 75% even where the LPA has a five-year supply (DL ¶10).
- The Connectivity Tool (TR3(2)) is used alongside local evidence. A low score (25/100) supported by route-quality facts (no footways or lighting) defeats GB7(1)(g)(iii) (DL ¶12-13).
- An inspector has held that S5 does not displace GB7 on a Green Belt site (DL ¶8).
- Keeping a dwelling whose demolition justified a replacement permission cannot rely on GB7(1)(b) (DL ¶7).
- Benefits that amount to avoiding consequences already accepted under an earlier permission get limited weight (DL ¶33, ¶36-37).
- No-dig construction does not by itself avoid N6 deterioration of ancient woodland, and alternatives must be assessed (DL ¶25, ¶28-29).

## Policy findings
- **GB7(1)(b): fail.** demolition of the old house was the justification for the replacement; keeping both makes the replacement new development, so the replacement exception no longer applies (DL 7)
- **S5: not-engaged.** S5 is a general outside-settlements policy and does not displace the specific GB7 provisions (DL 8)
- **GB7(1)(g)(i): pass.** established residential curtilage outside any built-up area could be PDL; site does not strongly contribute to purposes (DL 9)
- **GB7(1)(g)(ii): pass.** Council now has a 5YHLS but HDT is below 75%, so footnote 41 unmet need is established (DL 10)
- **GB7(1)(g)(iii): fail.** no footways or lighting on Beare Green Road; bus not shown to stop nearby; well separated from village and Holmwood station; Connectivity Tool score 25/100 (DL 11-13)
- **TR3: fail.** Connectivity Tool considered alongside local evidence; occupiers largely reliant on the private car; no genuine choice of modes (DL 12-13)
- **GB6(2): harm (substantial weight).** inappropriate development; openness harm given considerable weight; some encroachment (DL 17-19, 31)
- **N6: fail.** new no-dig driveway through ancient woodland; no wholly exceptional reasons and no compensation strategy; alternatives not assessed (DL 23-30)
- **DP3: harm.** modest harm to character; LP EN4 conflict (DL 20-22)
- **CC2: benefit (limited weight).** avoided demolition waste and embodied carbon; limited because demolition was accepted in the 2017 permission (DL 35-36)
- **HE7: benefit (limited weight).** some local historic interest as former estate lodge; not designated or locally listed (DL 34)

## Key facts
- Replacement dwelling approved 2017 on condition of demolition of the original; appellant sought to keep both
- Council can now show 5YHLS but most recent HDT result below 75%
- Connectivity Tool score 25/100 relied on by the Council (DL 12)
- Beare Green Road has no pavements or street lighting; A29 constrains routes to Beare Green and Holmwood station (DL 11-12)
- Proposed separate driveway would cut through ancient woodland (DL 23)

## Sources
- https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/appeals/6008528
- https://appeal-planning-decision.service.gov.uk/published-document/6397b7c8-fed5-4add-9de2-a0f8c1f58446

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Source: https://planningdistilled.org/research/england/nppf-navigator/decisions/PINS-6008528.html

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