®Planning appeal decision
Stanwell Farm Bedfont Road, Stanwell, Staines-Upon-Thames, TW19 7LY
Planning appeal 3352057 at Stanwell Farm Bedfont Road, Stanwell, Staines-Upon-Thames, TW19 7LY (Spelthorne Borough Council) was allowed in part (a split decision) on 7 July 2025 by Inspector Madge M, following an inquiry. The main issue, as the Inspector framed it: Whether the matter alleged (use as a Builder's Merchant) has occurred as a matter of fact and, if so, whether it constitutes a breach of planning control (grounds (b) and (c)).
Without planning permission, the material change of use of the Land to use as a Builders Merchant (sui generis) Without planning permission the erection of a warehouse building (the approximate location of which is shown [with an “X”] and hatched in black on the attached plan) Without planning permission the erection of two structures (the approximate location of which are shown [with a “Y” and “Z”] and hatched in red and blue respectively on the attached plan)
- Authority
- Spelthorne Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- employment-industrial · Change of use
- Inspector
- Madge M
- Postcode
- TW19 7LY
Main issues, as the Inspector framed them
- Whether the matter alleged (use as a Builder's Merchant) has occurred as a matter of fact and, if so, whether it constitutes a breach of planning control (grounds (b) and (c))
- Whether the lawful use established by the 2004 LDCs has continued and has not been lost (ground (d))
- Whether the requirements of the notice exceed what is necessary to remedy the breach (ground (f))
- Whether the period for compliance falls short of what should reasonably be allowed (ground (g))
What decided it
The Inspector's finding that the Builder's Merchant use was the single primary use occupying the whole site, materially different from the uses certified by the 2004 LDCs, meant none of grounds (b), (c) or (d) could succeed.
The benefit of allowing the tenant sufficient time to relocate the Builder's Merchant business was weighed against the harm of prolonging the unlawful use and undue financial benefit to the landlord, resulting in a 12-month compliance period as a reasonable compromise rather than the 6 months in the notice or the 24 months sought by the appellant.
What the Inspector cited
- Judgments
- Mansi v Elstree RDC [1964] 16 P & CR 154; Sharma v SSCLG & Others [2018] EWHC 2365 (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 appliedThe decision letter
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With an account
What an account adds to this decision
More decisions in Spelthorne Borough Council
The authority’s record since 2016 · every decision in 2025
- Quashed On Legal Grounds1 May 2026335963658 Green Lane, Shepperton, Surrey, TW17 8DT
- Dismissed26 January 20263348103Land South East of The Ranges (Addressed As 1A Priory Stables), Chertsey Road, Shepperton, TW17 9NU
- Notice varied and upheld26 January 202633351271A Priory Stables, Shepperton, TW17 9NU
- Notice varied and upheld22 April 2025332641723 Alexandra Road, Ashford, TW15 1TW
- Dismissed17 February 2025335395412 Stanwell Close, Stanwell, Staines-Upon-Thames, TW19 7LL
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.