December 2025

Following a successful appeal, Matt has been able to restore permitted development rights taken away from a property in Waverley in 2013. A condition from a 2013 permission sought to remove all permitted development rights to a property located within the Surrey Hills and Waverley Green Belt. Despite the Council's arguments that the removal of permitted development rights was justified on the historic 140% increase in the size of the property, Matt was able to convince the Inspector that the removal of those rights remained unreasonable. In doing so, Matt was able to have the Inspector agree that the condition did not meet the 6 tests as set out in the National Planning Policy Framework and therefore the condition should be removed.

Now that the Inspector has allowed the appeal the team are able to explore wider strategies for the redevelopment of the property, potentially transforming it into a dream home.

It is not uncommon for Councils to remove those rights afforded under the General Permitted Development Order, but that is not to say that such removal is justified. D&M Planning have a proven track record of challenging such conditions and successfully having the rights reinstated to such properties. If your property has such a condition applied then please do not hesitate to reach out to the team for assistance.