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Planning appeal decision

Allowed23 February 20243331411

Roslin, Rookery Road, Staines-Upon-Thames, TW18 1BT

Planning appeal 3331411 at Roslin, Rookery Road, Staines-Upon-Thames, TW18 1BT (Spelthorne Borough Council) was allowed on 23 February 2024 by Inspector Moore D, following an inquiry. The main issue, as the Inspector framed it: The main issue is whether the Council's refusal to grant an LDC was well-founded.

Failure to comply with condition 2 of planning permission 09/00277/COU in respect of pupil numbers

Authority
Spelthorne Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Inquiry
Development
community-institutional · Major retail and services
Inspector
Moore D
Postcode
TW18 1BT

Main issues, as the Inspector framed them

  • The main issue is whether the Council's refusal to grant an LDC was well-founded.

What decided it

The Inspector found that the breach of condition 2 had continued, without significant interruption sufficient to stop the immunity clock, throughout the relevant ten-year period.

What the Inspector cited

Judgments
Thurrock BC v SSETR & Holding [2002] EWCA Civ 226; Swale BC v FSS & Lee [2005] EWCA Civ 1568; North Devon DC v FSS & Stokes [2004] EWHC 578 (Admin); Nicholson v SSE & Maldon DC [1998] JPL 553; Westminster CC v SSCLG [2013] EWHC 23 (Admin); Basingstoke and Deane BC v SSCLG & Stockdale [2009] EWHC 1012 (Admin); Miles v The National Assembly for Wales and Caerphilly BC [2007] EWHC 10 (Admin)

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. Quashed On Legal Grounds1 May 20263359636
    58 Green Lane, Shepperton, Surrey, TW17 8DT
  2. Dismissed26 January 20263348103
    Land South East of The Ranges (Addressed As 1A Priory Stables), Chertsey Road, Shepperton, TW17 9NU
  3. Notice varied and upheld26 January 20263335127
    1A Priory Stables, Shepperton, TW17 9NU
  4. Notice varied and upheld7 July 20253352057
    Stanwell Farm Bedfont Road, Stanwell, Staines-Upon-Thames, TW19 7LY
  5. Notice varied and upheld22 April 20253326417
    23 Alexandra Road, Ashford, TW15 1TW

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.