Land at Stanwell Farm, Bedfont Road, Stanwell, TW19 7LY

Planning appeal 3331902 at Land at Stanwell Farm, Bedfont Road, Stanwell, TW19 7LY (Spelthorne Borough Council) was decided (invalid) on 4 September 2024 by Inspector Freer P, following an inquiry. The main issue, as the Inspector framed it: Whether Notice A is a nullity because the breach of planning control and requirements are uncertain, in particular through use of the term 'open land'.

Notice A: material change of use of land from open land to storage of builders merchants materials (pallets and scaffolding); Notice B: erection and use of a warehouse building on Green Belt land

Authority: Spelthorne Borough Council
Appeal type: enforcement · Enforcement Notice
Procedure: Inquiry
Development: employment-industrial · Change of use
Inspector: Freer P
Postcode: TW19 7LY

Main issues, as the Inspector framed them

Whether Notice A is a nullity because the breach of planning control and requirements are uncertain, in particular through use of the term 'open land'
Whether Notice A is a nullity because two different periods for compliance are stated in the notice
Whether Notice B is a nullity because the allegation and the plan attached to it are uncertain
Whether Notice B is a nullity because two different periods for compliance are stated in the notice

What decided it

Each notice stated two conflicting periods for compliance (two months in the covering letter versus three months in Schedule 4), which rendered both notices nullities under section 173(9) of the 1990 Act.

What the Inspector cited

Judgments: Oates v SoCLG and Canterbury [2017] EWHC 2716; Ferris v SSE [1989] 57 P.& C.R. 127; [1988] 1 WLUK 778 (QBD)

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 2024

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