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Planning appeal decision

Allowed5 April 20233306901

Land at New Oak Farm, Hardwick Lane, Chertsey, Surrey, KT16 0AA

change of use of land to provide an extension to an existing Gypsy/Traveller site comprising the siting of 1 Mobile Home, and 2 touring caravans, alongside the siting of a portable utility block

Authority
Runnymede Borough Council
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Jones M

Main issues, as the Inspector framed them

  • the effect of the proposal on the openness and purposes of the Green Belt
  • the effect of the proposal on the integrity of the Thames Basin Heaths Special Protection Area (the SPA)
  • the issue of biodiversity net gain (BNG)
  • the question of the need for and supply of gypsy / traveller sites
  • the personal circumstances of the appellant
  • whether any harm 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 scheme in the Green Belt

What decided it

The significant unmet need for gypsy/traveller pitches, absence of any realistic alternative site, and the best interests of the appellant's young child together established very special circumstances that clearly outweighed the Green Belt harm.

The very special circumstances relating to unmet gypsy/traveller need, lack of alternative sites, and personal circumstances (including the best interests of the child) clearly outweighed the harm to the Green Belt by reason of inappropriateness and loss of openness.

Framework references: 137

Plan policies cited: Policy EE19, Policy EE10, Policy SD7, Policy SL22

Judgments cited: Lisa 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.

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.