®Planning appeal decision
1 MINERVA CLOSE, STAINES, TW19 6DA
use of land as a travellers caravan site consisting of 1 no mobile home, 1 no touring caravan, 1 no utility dayroom and associated works
- Authority
- Spelthorne Borough Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Hearing
- Development
- caravan-gypsy · Minor traveller and caravan pitches
- Inspector
- Dakeyne M
Main issues, as the Inspector framed them
- the effect on Green Belt openness and purposes
- whether the proposal would result in a suitable living environment for future occupiers, with particular reference to noise levels
- whether the harm to the Green Belt and any other harm is clearly outweighed by other considerations, so as to constitute very special circumstances
What decided it
The combined Green Belt harm and the unsuitable living environment caused by excessive aircraft noise were not clearly outweighed by the other considerations, so very special circumstances were not established.
Substantial weight to Green Belt harm and considerable weight to noise-related harm were not clearly outweighed by significant weight afforded to unmet traveller need, lack of alternative sites and policy failure, together with moderate weight to sustainability and personal circumstances, so the appeal was dismissed.
Framework references: 62
Plan policies cited: Policy EN11, Policy HO6, Policy GB1
Judgments cited: Smith v SSLUHC & Ors [2022] EWCA Civ 1391
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.