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Planning appeal decision

Allowed11 January 20243326420

Accommodation, Oaks Farm Philpot Lane, Chobham, WOKING, GU24 8HE

the change of use of land from agricultural land to Gypsy/Traveller site comprising the siting of one static caravan

Authority
Surrey Heath Borough Council
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Davies N

Main issues, as the Inspector framed them

  • whether the development is inappropriate development in the Green Belt
  • the effect of the development on openness and the purposes of including land in the Green Belt
  • the effect of the development on the character and appearance of the area
  • whether the site is a suitable location for the development having regard to development plan policy and the accessibility to services and facilities
  • whether the site is a suitable location for the development having regard to flood risk
  • if the proposal is inappropriate development, whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations so as to amount to very special circumstances necessary to justify the development

What decided it

The combination of the unmet need for Gypsy and Traveller sites and the personal circumstances/best interests of the appellant's children clearly outweighed the identified Green Belt and flood risk harms only when the permission was limited to a temporary, personal five-year basis.

the substantial-weight Green Belt harm together with the flood risk and character/accessibility harms were not clearly outweighed by the need and personal circumstances considerations for a permanent permission, but on a temporary and personal basis these considerations did clearly outweigh the harm, so the balance tipped in favour of allowing a five-year personal permission

Framework references: 57, 142, 143, 152, 153, 154, 165, 167, 168, 169, 170, 171, 173

Plan policies cited: Policy DM6, Policy DM9, Policy DM10

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.

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.