We have received an update from residents regarding the green belt Stonescapes site on Guildford Road, appeal decision:
“Stonescapes/Tunnel Grab Ltd – Successful opposition to appeal re Operating Centre for up to 10 HGV’s on Guildford Road, Cranleigh
The Decision of the Upper Tribunal (Administrative Appeals Chamber) on an appeal by Tunnel Grab Ltd in relation to land at Stonescapes/Yew Tree Nurseries, Guildford Road, Cranleigh against the decision of the Traffic Commissioner following a Public Inquiry on 7th April 2016, has just been confirmed.
Local residents, Surrey County Council and Waverley Brough Council (the representors) opposed the appeal and were successful. Accordingly, the appeal did not succeed and the decision of the Traffic Commissioner dated 23rd May 2016 following the Public Inquiry (to refuse the appellant’s application to add a new Operating Centre at Stonescapes/Yew Tree Nurseries for up to 10 HGV’s) stands.
In November 2016, the Upper Tribunal heard arguments from the appellant’s legal representative, local residents and Counsel representing Surrey County Council. The Upper Tribunal’s decision outlines the relevant legal framework, the background to the matter, the Public Inquiry and relevant extracts from the Traffic Commissioner’s original decision. It goes on to consider the various arguments raised by the appellant and on behalf of the representors. The Upper Tribunal concluded that it saw nothing ‘in the grounds of appeal to persuade it to overturn the Commissioner’s decision‘.
It went on to say ‘The basic findings of fact can not be said to be plainly wrong on the evidence before the Commissioner, the law did not require the Commissioner to come to a different conclusion and there is no material error of law in the decision. What is really being challenged is the Commissioner’s judgement and there is no basis for us to interfere with it’.
A full copy of the decision is available if anyone would like to see it – please email and we will try to arrange it.
Tunnel Grab Ltd has a month in which to appeal, if it so chooses to do, but the grounds for any such appeal are extremely limited so hopefully this will be an end to the matter.
It took a lot of work but the successful outcome has made it all worthwhile!”
