The High Court has warned of the danger of establishing damaging development precedents in the countryside
Mr Peter Rumsey sought to almost double the size of his property, which is situated in an area of outstanding natural beauty and great landscape value. However, although the development would have only limited impact upon the area, consent was refused, first, by Waverley Borough Council and then on appeal by a planning inspector.
Those decisions have now been backed in the High Court by Deputy Judge Duncan Ouseley QC, who, in dismissing a challenge by Rumsey against the earlier decisions, held that if the development were allowed, it carried a risk of creating a dangerous precedent for other similar extensions to be built to other properties.
While Rumseys plan might have only a limited effect upon the appearance and character of the area, the judge backed the planning inspectors view that if other developments followed, the cumulative impact may damage the character and appearance of the area.
The judge said that “one development is harmless, but a second or more, each individually harmless, would lead to a harmful accumulation. Thus the first must be refused because decisions could not be taken in isolation, when in reality one decision led to another.”
PLS News 13/10/00
