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Planning appeal decision

Allowed19 December 20223304173

Land adj. Lynns Park, Stonehill Road, Ottershaw, KT16 0EW

change of use to residential, comprising the siting of one mobile home and the formation of a new access

Authority
Runnymede Borough Council
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
caravan-gypsy · Minor Dwellings
Inspector
Price J

Main issues, as the Inspector framed them

  • the proposal's effect on the openness of the Green Belt and the purposes of including land within it
  • its effect on the character and appearance of the area, particularly in respect of tree cover
  • whether the harm to the Green Belt by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the proposal

What decided it

The significant unmet need for Gypsy and Traveller sites in Runnymede combined with the best interests of the appellant's children clearly outweighed the identified Green Belt and other harm, amounting to very special circumstances.

The substantial Green Belt harm (inappropriateness plus moderate loss of openness) and limited harm to character and appearance were clearly outweighed by the significant unmet need for Traveller sites and the appellant's personal circumstances, including the best interests of his children, amounting to very special circumstances justifying the development.

Framework references: 148, 56, 57

Plan policies cited: Policy EE19, Policy EE11, Policy SL22

Judgments cited: People Over Wind, Peter Sweetman v Coillte Teoranta C-323/17; Smith v SSLUHC & Ors [2022] EWCA Civ 1391; Wychavon District Council v SSCLG [2008] EWCA Civ 692; Zoumbas v Secretary of State for the Home Department [2013] UKSC 74; ZH (Tanzania) v Secretary of State for the Home Department [2011] UKSC 4

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.