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Replacement Dwelling in Green Belt

Smith Jenkins Ltd are pleased to have obtained planning permission for a replacement dwelling in the Metropolitan Green Belt.

Following Spelthorne Council’s refusal of planning permission, Smith Jenkins lodged an appeal against the reasons for refusal which included the lack of ‘very special circumstances’ demonstrated to overcome the Green Belt location and harm to the Plotlands area adjacent to the River Thames.

Smith Jenkins argued that there was no need to demonstrate very special circumstances in this case, because the proposed house was a replacement dwelling.  The development was therefore ‘appropriate’ development for the purpose of Paragraph 89 of the National Planning Policy Framework (NPPF).  In addition, the case at Tandridge [2015] supported the appellants view that the wording of the NPPF in respect of replacement ‘building’ could be taken in the singular as well as the plural.  Demolition of a number of buildings across the application site is beneficial to the creation of openness in this case.

The Inspector agreed with the appellant and allowed the appeal.

Smith Jenkins worked alongside architect Allan Corfield who produced the building design.