[2024] UKUT 00164 (LC)

In his proposed decision tree the applicant acknowledges that permission to modify the restriction to allow development of RD2 or RD3 on plot A might not be given. In that case he asks that separate consideration be given to development of ND1A on plot B, as the preferred development, or to ND2 as a fallback development should modification to allow ND1A be refused.

The vehicular access from Brook Lane to plot B is the original access to Smugglers Hyde at the north corner of the application land.