U-turn on Planning Decision Forced by Government ‘Death Warrant’

Published on: 19 Oct, 2025
Updated on: 20 Oct, 2025

Illustrative view looking south of application site (left) and former Claygate House with Shanly Homes Oaklands Park development to the rear. Elmbridge Borough Council

By Emily Dalton

local democracy reporter

Councillors say they have had their “legs chopped off by central government” after being forced to approve plans for 60 new homes on Claygate’s green belt – just weeks after they threw them out over flooding fears.

The controversial development, on land north of Raleigh Drive, was originally refused by Elmbridge Borough Council on September 16, after councillors ruled it failed national flood risk tests.

But within 24 hours, the government announced changes to its planning guidance on flooding, wiping out the council’s main reason for refusal.

Cllr Mike Rollings, leader of Elmbridge Borough Council, said the government’s timing had left the committee powerless.

He said in a letter read out at the planning meeting on October 14: “As a Claygate councillor and as leader of Elmbridge Borough Council, I am bitterly disappointed at the turn of events, as I know many residents will be. However, I do not believe there is anything more we can do.”

The proposal, by Claygate House Investment Ltd and MJS Investments Ltd, seeks outline permission for up to 60 homes, new landscaping, open space, and a new access road from Raleigh Drive. Developers must still agree to provide affordable housing, biodiversity improvements, highway upgrades, and a car club before full permission is granted.

Under the new rules, councils no longer have to carry out a flood risk “sequential test” – a key safeguard designed to steer development away from danger zones. If a flood risk assessment shows the site can be made safe and won’t make flooding worse elsewhere.

Many councillors and residents expressed outrage that the government’s timing had effectively stripped them of their power to object.

Cllr Alex Coomes said: “I feel like my legs have been chopped off by the central government. We refused this application in good faith, and changing the rules afterwards is well below the belt.

“As a community we’ve been completely stymied by this and these changes of rules have signed the death warrant for this bit of green belt in Claygate. Our community will be poorer for this loss of greenbelt.”

Faced with the change, council officers warned that rejecting the scheme again would almost certainly lead to a costly appeal the council would lose, with taxpayers footing the bill.

Cllr Andrew Burley added: “Local democracy is being denied by the government and that is wholly wrong.”

Cllr Mary Marshall said she felt “choked” by the decision. “We don’t have a voice. We’re told what boxes to tick. It’s our government that has let us down – it’s shameful,” she said.

Residents who spoke at the meeting warned that losing the site would set a dangerous precedent. Speaking for the objectors, Michael Collin said: “This strip of green belt is all that prevents Esher from merging with London.”

Councillors also raised fears over flooding and water run-off, claiming parts of the land regularly end up “ankle-deep in water” after heavy rain. Despite these concerns, county flood and water authorities raised no objections, provided certain drainage conditions were met.

Despite widespread local anger, councillors voted 7 in favour, 3 against and five abstained, allowing the outline application for up to 60 homes to move forward – subject to a legal agreement including affordable housing, biodiversity improvements, and road upgrades.

The development – proposed by Claygate House Investment Ltd and MJS Investments Ltd – still has to secure a legal agreement before full permission is granted.