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Planning appeal decision

Allowed10 December 20243340733

New Oak Farm Hardwick Lane, Lyne, CHERTSEY, KT16 0AA

described on the application form as ‘change of use of land to provide an extension to an existing Gypsy/Traveller site comprising the siting of 4 mobile homes and 4 additional touring caravans.’

Authority
Runnymede Borough Council
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Bristow T

Main issues, as the Inspector framed them

  • Whether the proposal is inappropriate development in the Green Belt
  • The effect of the proposal on the openness of the Green Belt
  • If any harm would result, whether there are very special circumstances to justify allowing the appeal

What decided it

The substantial weight attributed to the personal circumstances of the appellant's extended family, combined with moderate weight for unmet pitch need, was found to amount to very special circumstances outweighing the limited additional Green Belt harm.

The moderate weight given to the benefit of additional pitch provision and the substantial weight given to personal circumstances, taken together, were found to constitute very special circumstances outweighing the (limited) harm to the Green Belt from inappropriateness and loss of openness.

Framework references: 142, 143, 152, 153, 154, 155, 57, 55, 114, 180

Plan policies cited: Policy EE18, Policy SD7, Policy EE10, Policy EE1, Policy EE2, Policy SL22, RSS policy NRM6

Judgments cited: Reed v Secretary of State for Communities and Local Government and Bracknell Forest District Council [2014] EWCA Civ 241; Hertfordshire County Council v Secretary of State for Communities and Local Government & Anor [2012] EWCA Civ 1473; Smith v SSLUHC & Ors [2022] EWCA Civ 1391; Collins v SSCLG [2013] EWCA Civ 1193

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.