News

Field 0081, Pennypot Lane – First Secretary of State Dismisses Appeal

Released on 17 June 2005

The First Secretary of State announced yesterday (Thursday 16th June 2005) that he has dismissed the appeal made by the appellants at Field 0081, Pennypot Lane, Chobham and refused planning permission.

A public inquiry held on 15th - 18th and 21st - 25th February 2005 heard the appeal against the refusal of Surrey Heath Borough Council to grant planning permission for the continued use of Field 0081 as a twenty six pitch gypsy caravan site.

From the Inspector's report, the First Secretary of State concluded that the proposed site would be inappropriate development in the Green Belt and would cause significant harm to conservation interests.  Part of the site was also liable to regular flooding and he ruled that the development carried the potential for considerable harm in this regard.  However, he did conclude that there was a need for gypsy site provision both nationally and regionally, although it was difficult to be precise as to the level of local need; despite these conclusions he did not consider that the shortage of sites justified established local and national planning policies designed to protect the Green Belt being disregarded.

The First Secretary of State also accepted that there would be some disruption to the educational needs of the children, but that it did not justify a grant of planning permission.  Additionally given the flooding risks associated with the site, he considered that the site would not be suitable for children with particular health needs and that there were no special health needs which currently required that the occupants remain on site.

The First Secretary of State considered the occupants' human rights and concluded that the refusal of planning permission did not place a disproportionate burden on the occupants and that it would not be a violation of the occupants' rights.

Cllr. Moira Gibson, Leader of the Council, said "We are absolutely delighted with the First Secretary of State's decision.  This is a very strong message which will reinforce the Council's aim to protect the Green Belt in the Borough."

For further information visit the 'Gypsies & Travellers in Surrey Heath Update' section on the website.

Background Information:
The unauthorised use of Field 0081, Pennypot Lane, Chobham as a private Gypsy caravan site commenced over the weekend of 8th/9th February 2003.

On 10th February 2003, Surrey Heath Borough Council received a planning application seeking consent for the 'Use of land as a private gypsy caravan site'.  Application drawings showed a vehicular access off Pennypot Lane with a street lit roadway and landscaped entrance, 26 individual plots each with entrance gates, space for 40ft. x 20ft. caravan trailer and 3 or 4 car parking spaces were proposed.

Following the planning breaches the High Court on Wednesday 12th February, granted the Council  an interim injunction against Tony Doherty, Matthew Willett, Morris Cooper, Jonathan Brazil, Joe Smith, Joe Wenman, Walter Beaney, Dave Price & Steve Doherty.

The injunction restrained the landowners and occupiers from depositing more hardcore or carry out any further works to continue implementing the change of use of the land, they were also prohibited from bringing further caravans on the land.

The injunction was served on Thursday 13th February 2003 @ 12.20pm.

At the Special Planning Applications meeting held on Monday 24th March @ 7pm the Committee agreed that the proposal was clearly contrary to the development plan and refused planning permission. The Committee also resolved to serve an Enforcement Notice requiring that the unauthorised