Guildford Borough Council’s decision to grant planning permission for homes in Send has been quashed at appeal.
The scheme included five large detached homes on Potters Lane. Sitting around 130 metres from the River Wey Navigation Conservation Area, the houses would be visible from the picturesque nature spot.
Send Parish Council had vehemently opposed the plans, arguing the homes would “greatly harm the present rural outlook from the path” by the River Wey. Only an agricultural barn is visible on the rural landscape, making the development “intrude onto the rural character of the river corridor”, the parish council argued.
The developer said it wanted the design to reflect the rural setting and create a “sense of place”. Houses were modelled on “Surrey style” farmhouses and cottages, according to planning documents.
Guildford Borough Council planning committee approved the application in January 2024. The Parish of Send then engaged Guildford in a legal battle to challenge how the decision was made and stop the development going ahead.
On January 3, High Court Judge Mr Kolinsky KC accepted all grounds of Send Parish Council’s challenge. The KC quashed the decision, arguing Guildford council had failed to consider how the development could be managed to protect the scenic and environmental qualities of the River Wey.
Chair of Send Parish Council, Cllr Julia Osborn, said: “We hope that having made this challenge on behalf of our residents, planning officers and planning committee members will recognise the strength of feeling of residents of the importance of Send’s landscape settings and our collective determination as a village to challenge the ongoing deluge of planning approvals in every corner of our village.”
Guildford council must pay the costs of the legal challenge. Any funds returned to Send Parish Council will be held in the “planning appeals fund” for when the application is returned to the planning committee.