MOORING SKYLARK/ MSDEHOOP, OLD WHARF RIVER THAMES, WEST MOLESEY, SURREY, KY8 1QY

Main issues, as the Inspector framed them

• Whether or not the development would comply with national planning policy which seeks to steer new development away from areas that are at the highest risk of flooding
• Whether or not the development is inappropriate development in the Green Belt, including its effect on openness, having regard to the Framework and relevant development plan policies
• Whether or not the development would provide acceptable living conditions for existing and future occupants with regard to waste management
• The effect of the development on protected species
• Whether or not the development is in an acceptable location with regard to the development plan, including the character and appearance of the area
• If inappropriate development, whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the development

What decided it

The substantial harm to the Green Belt by reason of inappropriateness and loss of openness, combined with unresolved flood risk concerns and inadequate waste management arrangements for permanent use, was not clearly outweighed by the moderate weight attributed to housing need and permanent moorings provision, particularly as the welfare of a child—the primary justification for the previous temporary consent—no longer applied.

The provision of one permanent dwelling and the unmet need for permanent residential moorings (moderate weight) did not clearly outweigh the substantial harm to the Green Belt by reason of inappropriateness and loss of openness, combined with significant harm from flood risk, ecology, waste management and character and appearance; the welfare of a child, which had been the decisive factor in the previous appeal, now carried only limited weight as the child no longer permanently resides on the boat.