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Dismissed18 December 20233325635

Bugle Nurseries, 171 Upper Halliford Road, Shepperton, TW17 8SN

Planning appeal 3325635 at Bugle Nurseries, 171 Upper Halliford Road, Shepperton, TW17 8SN (Spelthorne Borough Council) was dismissed on 18 December 2023 by Inspector Chamberlain G, following an inquiry. The main issue, as the Inspector framed it: Whether the proposal would be inappropriate development in the Green Belt.

Outline application with approval sought for scale, access and siting, with details of appearance and landscaping reserved, for the demolition of existing buildings and structures, removal of waste transfer facility and the redevelopment of the site for up to 80 residential units and the provision of open space and a play area, plus associated works for landscaping, parking areas, pedestrian, cycle and vehicular routes

Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Major dwellings
Inspector
Chamberlain G
Postcode
TW17 8SN

Main issues, as the Inspector framed them

  • Whether the proposal would be inappropriate development in the Green Belt
  • The effect of the proposal on the openness and purposes of the Green Belt
  • Whether the proposal would be in a suitable location, with reference to policies concerned with development in areas at risk of flooding
  • Whether the proposal would deliver an adequate mix of homes
  • The effect of the proposed development on the living conditions of the occupants of Halliford Close, with reference to outlook
  • Whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations to establish the very special circumstances necessary to justify the proposal

What decided it

The substantial harm to Green Belt openness and purposes, combined with the unresolved flood risk sequential test, were not clearly outweighed by the other considerations, so very special circumstances were not established and clear reasons to refuse existed under Paragraph 11d)i.

The substantial and permanent harm to the Green Belt (inappropriateness, openness and purposes) together with the flood risk sequential test failure was not clearly outweighed by the benefits of housing and affordable housing delivery, brownfield reuse, economic benefits, open space provision and emerging policy support, so very special circumstances were not demonstrated and the balance tipped against the proposal.

What the Inspector cited

Development plan policies
Policy GB1Policy HO4Policy EN1Policy H1 (emerging)HS1/009 (emerging allocation)
National Planning Policy Framework
Paragraph 11Paragraph 60Paragraph 74Paragraph 119Paragraph 120Paragraph 130Paragraph 142Paragraph 145Paragraph 148Paragraph 149Paragraph 161Paragraph 162Paragraph 163Paragraph 169
Judgments
Holborn Studios Ltd v The Council of the London Borough of Hackney (2018); Bernard Wheatcroft v Secretary of State for the Environment (1982)

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.

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The decision letter

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More decisions in Spelthorne Borough Council

The authority’s record since 2016 · every decision in 2023

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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.