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Graeme acted for the Appellant in relation to a proposed large self-build dwelling in Surrey, following demolition of existing agricultural barns. The main appeal issues involved impact on the character and appearance of the area, (in an Area of Great Landscape Value), effect on the setting of the AoNB, and effect on the integrity of Ancient Woodland, as irreplaceable habitat. Also relevant was the existence of a fallback position in relation to a Certificate of Lawfulness of Existing Use or Development, confirming the lawfulness of the construction of a dwelling in an alternative location on the land. Planning permission was granted in July 2022.
Subsequent to the grant of permission, the Council issued a Community Infrastructure Levy (CIL) Liability Notice, for a 6-figure sum, disputing (i) the extent of existing floorspace on site and (ii) the self-build exemption. After a protracted dispute involving further submissions (Oct 2022–Jan 2023), both matters were conceded by the Council, CIL Relief granted, and a revised Notice issued - in the sum of zero.
