Residents may be aware that Elmbridge Borough Council previously refused outline planning permission for a proposed housing development on land west of Woodstock Lane, North Ditton (reference 2025/2018). The applicant, Taylor Wimpey (UK) Ltd, subsequently appealed that decision.
We know many local residents have taken a close interest in this application and that news about the appeal process may be concerning or disappointing, particularly for those who opposed the development.
As part of preparing for the appeal, the council reviewed the case in light of recent changes to national planning policy and a number of recent planning appeal decisions. Having sought independent advice from both legal Counsel and a specialist planning consultant, the council was advised that there is now little or no prospect of successfully defending the appeal. The advice also highlighted a significant risk that the council could face substantial costs if it continued to pursue arguments that may no longer be supported by national policy or recent appeal decisions.
While we appreciate this will be frustrating for many residents, the council has a responsibility to make decisions based on the best available planning and legal advice and to protect public funds from unnecessary financial risk.
The appeal will now be determined independently by the Planning Inspectorate - an independent body which will consider all relevant planning evidence before reaching a decision
A public inquiry is scheduled to take place in January 2027. Details of the Planning Inspector’s public inquiry will be added to the council’s website when known.
Questions and answers
Why has Elmbridge Borough Council changed its position?
Since the application was originally determined, there have been significant changes to national planning policy and a number of relevant appeal decisions across the country. Following a review of the case and updated professional planning and legal advice, the council has been advised that there is now only a limited prospect of successfully defending the appeal.
Does this mean the council supports the development?
No. This decision is not about whether the council supports or opposes the proposed development. It reflects the council's responsibility to act on the latest planning and legal advice and to consider the likelihood of successfully defending its decision at appeal under the current planning policy framework. The proposal will now be considered independently by the Planning Inspectorate, which will make the final decision.
Was cost the only factor in making this decision?
No. This decision was reached after carefully considering a range of factors, including national planning policy, independent legal and planning advice, and recent appeal decisions elsewhere in the country. The council's priority is to make decisions that are evidence-based, legally robust and in the best interests of local residents, while also ensuring public money is used responsibly. Taking account of all these factors, the council concluded that this was the most appropriate course of action in the circumstances.
Has local opposition been ignored?
No. We recognise that many residents feel strongly about this proposal and have taken the time to share their views throughout the planning process. Those concerns have not been ignored and were an important part of the council's original consideration of the application. However, appeals must be determined on planning policy and planning evidence. The final decision will be made independently by the Planning Inspectorate after considering all relevant information.
Details of the Planning Inspector’s public inquiry will be added to the council’s website (elmbridge.gov.uk) when known.
Can residents still take part in the appeal process?
No. The deadline for members of the public to submit comments to the Planning Inspectorate has now passed. We appreciate that some residents may be disappointed they can no longer make representations. However, all comments submitted during both the planning application and appeal processes remain part of the case and will be considered by the Planning Inspectorate alongside all other relevant planning evidence when it reaches its decision.
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