Land Rear of Kenwood Green Lane, CHESSINGTON, KT9 2DS

Main issues, as the Inspector framed them

• whether the engineering works and operational development, or the proposed use of the site to provide two residential pitches amount to inappropriate development in the Green Belt and if so, the effects on the openness of the Green Belt
• whether the appeal site is safe for human habitation with particular regard to land contamination and whether there would be any related effects on surface water quality
• whether the site is, or could be made structurally safe for its intended purpose
• the effects of the development on the landscape character and visual quality of the area
• its effects on the biodiversity value of the site and surrounding area, including the Bonesgate Stream Site of Nature Conservation (the SINC)
• whether the location of the appeal site accords with the development plan in terms of access to facilities and minimising dependency on private vehicles
• the general need for Gypsy and Traveller accommodation in the area and the personal circumstances of the appellants and their needs for accommodation
• if relevant, whether any harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations, so as to amount to the very special circumstances required to justify the development

What decided it

The Green Belt harm from inappropriate development, compounded by intentional unauthorised development and unresolved safety concerns, was not clearly outweighed by the need for Traveller pitches and the appellants' personal circumstances, so very special circumstances were not established.

The harms of inappropriate development and loss of openness in the Green Belt, land contamination, structural instability, landscape and visual harm, potential SINC harm and intentional unauthorised development were not clearly outweighed by the Traveller pitch shortfall and the appellants' personal circumstances, so the appeal was dismissed.