- Decision
- allowed, 17 September 2026
- Decided by
- Planning Inspector: C Walker
- Authority
- Guildford (South East)
- Appeal reference
- 6011786
- Application reference
- 25/P/01230
- Procedure
- written representations
- Development
- Self-build detached dwelling and garage in side garden, following demolition of existing garage
- Homes
- 1
- Site context
- inside settlement, conservation area
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- S4(1), HE6(4), HE9, N6
- Development plan policies
- Guildford Local Plan Strategy and Sites 2019 D1, P5, Development Management Policies 2023 D4, D8, D18, D20, Burpham Neighbourhood Plan 2016 B-FD1, South East Plan saved NRM6
- Main issues
- character and appearance including CA setting; Thames Basin Heaths SPA
Summary
A non-determination appeal for a self-build house in the side garden of a Guildford cul-de-sac plot next to the Abbotswood Conservation Area. It was allowed. Spacing kept the close's open character. There was "very low" harm to the CA's setting, which a single home's public benefit clearly outweighed. Thames Basin Heaths SPA mitigation was secured by a UU. Under S4 there were no substantial adverse effects. The letter does not say whether the parties were consulted on the new Framework.
Issues and findings
- Character: PASS. "the proposed spacing between buildings would be sufficiently generous to maintain the spacious character of the cul-de-sac" (DL ¶12). Contemporary materials suited the "varied architectural style" (DL ¶13).
- CA setting, HE6(4) (letter mis-cites "HE7(4)"): very low harm. The slacker rear roof pitch "would be visible from the gardens of a limited number of dwellings within the CA ... it would not be readily visible from the public realm. I find that this would cause a very low level of harm to the setting of the CA" (DL ¶16). "the public benefits of providing an additional modest sized home within a sustainable location, in an area where there is an urgent and pressing need for housing, would clearly outweigh the very limited harm" (DL ¶18).
- SPA, N6. The UU had been completed and payment made, and Natural England's agreement was given substantial weight (DL ¶24).
Planning balance
This was the S4 balance (DL ¶27). "I have identified no substantial adverse effects, nor a failure to comply with any one of the national decision-making policies which expect the refusal of planning permission in specific circumstances" (DL ¶28). With no 5YHLS, "the provision of even a single dwelling carries considerable positive weight". Self-build, secured by deed of variation, added moderate weight (DL ¶29). "the adverse effects would not substantially outweigh the benefits" (DL ¶30).
What made the difference
The corner-type plot gave enough spacing to avoid cramming. That distinguished an earlier dismissed appeal at 8 Abbotswood Close (DL ¶15). The appellant also had all the legal paperwork in place: a SPA UU with payment, and a deed of variation for self-build. Compare PINS-6010848, lost for want of exactly that.
Transferable points
- Within settlements, S4 approval turns on the absence of "substantial adverse effects" or a refusal-type policy failure (DL ¶28).
- Very low less-than-substantial harm to a CA setting is outweighed by a single home where supply is short (DL ¶18).
- Self-build status is best secured through a planning obligation, not a condition (DL ¶36). Once secured, it attracts moderate additional weight (DL ¶29).
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| S4(1) | pass | no substantial adverse effects and no failure of a "should be refused" policy (DL 27-30) | |
| HE6(4) | harm | considerable | letter cites "policy HE7(4)" (sic; HE7 has no para 4 and a CA is designated, so HE6(4) is meant); very low harm to setting of Abbotswood CA from slacker rear roof pitch glimpsed from a few CA gardens; clearly outweighed by public benefit of a home (DL 16-18) |
| HE9 | pass | retains spacing and important boundary trees contributing to CA setting (DL 17) | |
| N6 | pass | Thames Basin Heaths SPA - UU secures SANG/SAMM, payment made; NE agrees (DL 20-25) | |
| HO7 | benefit | considerable | no 5YHLS - "even a single dwelling carries considerable positive weight"; self-build secured by deed of variation, moderate extra weight (DL 29) |
Key facts
- About 6.2m to host dwelling and 7.5m to Thistledown boundary; spacing comparable to others in the close (DL 10-11)
- Self-build secured by deed of variation to the UU, not by condition (enforceability) (DL 3, 36)
- Letter refers to "a net gain of four dwellings" in the SPA section - a slip for one (DL 22)
Related decisions
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.