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Planning appeal decision

Notice varied and upheld21 June 20243320593

Riverbank The Creek, Sunbury-on-Thames, TW16 6BY

Planning appeal 3320593 at Riverbank The Creek, Sunbury-on-Thames, TW16 6BY (Spelthorne Borough Council) was allowed in part (a split decision) on 21 June 2024 by Inspector Blackwell J, following an inquiry. The main issue, as the Inspector framed it: whether the development represents inappropriate development in the Green Belt having regard to the Framework and any relevant development plan policies, including its effect on openness (where relevant).

Without planning permission the unlawful development of a new dwelling house, garage, boathouse, associated terracing and planters, steps, walls, pillars and hardstanding”

Authority
Spelthorne Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
residential · Householder developments
Inspector
Blackwell J
Postcode
TW16 6BY

Main issues, as the Inspector framed them

  • whether the development represents inappropriate development in the Green Belt having regard to the Framework and any relevant development plan policies, including its effect on openness (where relevant)
  • the effect of the development on the character and appearance of the area
  • the effect of the development on flood risk

What decided it

Unresolved deficiencies in the Flood Risk Assessment meant flood risk harm from the development in flood zone 3b could not be ruled out, causing the deemed planning application to fail.

The development was found acceptable in Green Belt and character/appearance terms, but the inability to rule out flood risk harm meant it conflicted with the development plan as a whole, with no other considerations outweighing this conflict.

What the Inspector cited

Development plan policies
Policy GB1Policy EN1Policy LO1Policy SP7Policy CC1
National Planning Policy Framework
Paragraph 154Paragraph 155
Judgments
F G Whitley & Sons v Secretary of State for Wales & Clwyd CC [1990] JPL 678; [1992] JPL 856; R (on the application of Hart Aggregates Ltd) v Hartlepool Borough Council [2005] EWHC 840 (Admin); The Welsh Ministers v Barrett [2023] EWHC 2503 (Admin); Commercial Land Ltd v The Secretary of State for Transport, Local Government and the Regions and The Royal Borough of Kensington and Chelsea [2002] EWHC 1264 (Admin); [2003] JPL 358; Hussain v Secretary of State for Communities and Local Government [2017] EWHC 687 (Admin); Hillside Parks Ltd v Snowdonia National Parks Authority [2022] UKSC 30; John Southwood v Buckinghamshire Council & Stephen Green [2024] EWHC 71 (Admin); Gabbitas v SSE & Newham BC [1985] JPL 630; Sage v SSETR and Maidstone BC [2003] UKHL 22

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in Spelthorne Borough Council

The authority’s record since 2016 · every decision in 2024

  1. Notice varied and upheld13 May 20263345013
    Land to the South of Bedfont Road, Stanwell, Staines, TW19 7LE
  2. Quashed On Legal Grounds1 May 20263359636
    58 Green Lane, Shepperton, Surrey, TW17 8DT
  3. Dismissed17 March 20263375737
    Former Fordbridge Service Station, Kingston Road, Ashford, TW15 3SE
  4. Dismissed30 January 20263375599
    Plot 2, Sandhills Meadow , Shepperton, TW17 9HY
  5. Dismissed26 January 20263348103
    Land South East of The Ranges (Addressed As 1A Priory Stables), Chertsey Road, Shepperton, TW17 9NU

The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; 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 appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.