Planning appeal decision
1A Priory Stables, Shepperton, TW17 9NU
Change of use of the land for the stationing of 6 static homes for Gypsy / Traveller occupation, with associated hard and soft landscaping
- Authority
- Spelthorne Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- caravan-gypsy · Change of use
- Inspector
- Willows P
Main issues, as the Inspector framed them
- Whether the development is inappropriate in the Green Belt, having regard to the National Planning Policy Framework and any relevant development plan policies.
- The effect of the development on the openness of the Green Belt and its purposes.
- The effect of the development on the character and appearance of the area
- Whether the development complies with policies designed to address flood risk.
- Whether the development causes or is affected by ground contamination
- Whether the site is appropriate for this residential use having regard to potential impacts from the electricity generation development proposed on adjacent land, with particular regard to noise and air quality.
- Whether any harm to the Green Belt, and any other harm, is clearly outweighed by other considerations, including any need for the development and the circumstances of those living at the site, so as to amount to the very special circumstances necessary to justify the development.
What decided it
Unresolved flood risk safety concerns (failure of the sequential test and no demonstrated safe means of escape) combined with inappropriate, harmful Green Belt development provided strong reasons that were not clearly outweighed by the shortfall in Traveller pitch provision, so very special circumstances did not exist.
Substantial harm to the Green Belt, together with harm to character and appearance and flood risk concerns, was not clearly outweighed by the shortfall in Traveller pitch provision and the interests of site occupants, so very special circumstances did not exist and both appeals were dismissed, save for the extension of the enforcement compliance period to 6 months.
Framework references: 11, 143, 154, 155, 170, 174, 175, 176
Plan policies cited: Policy GB1, Policy EN1, Policy EN8, Policy LO1, Policy E3, Policy HO6
Judgments cited: Mead Realisations Ltd v Secretary of State for Housing, Communities and Local Government [2025] EWCA Civ 3; Doncaster MBC v FSS & Angela Smith [2007]; SCDC v. SSCLG and Julie Brown [2008] EWCA Civ 1010
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.
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