Cheryl's gym falls foul of the planners.

Byline: ANDREW MOSS 

NEWCASTLE-BORN pop star and X Factor judge Cheryl Cole, pictured, has recently had first-hand experience of the country's planning system.

Cheryl sought planning permission for a 12m by 5m swimming pool and a 'modest gym and spa' beneath her Surrey mansion to escape the paparazzi and reporters. Her initial planning application was refused by Guildford Borough Council on the grounds that it was disproportionate to the size of her house, which stands in five hectares of land and within the Surrey green belt.

Following the refusal, Cheryl appealed to the Planning Inspectorate but has now learned that her appeal has been unsuccessful. The Government's advice on green belts is set out in Planning Policy Guidance note 2. It states that the construction of new buildings in the green belt is inappropriate development unless, among other things, it is for the purposes of limited extension to existing dwellings. This is further clarified elsewhere in the guidance where it is stated that the extension or alteration of dwellings is not inappropriate in the green belt, provided it does not result in disproportionate additions over and above the size of the original building.

In Cheryl's case, on the basis of the information before him, the Inspector found that the proposed extension would result in a disproportionate addition and as such was inappropriate development.

He found this notwithstanding the fact that the proposed swimming pool would be underground and therefore would have no impact on the openness of the green belt.

The Inspector acknowledged that the proposed development was underground with only two rooflights and an opening for a second stair case visible from outside so it would cause no harm to the openness and visual amenity of the green belt.

He then assessed whether there were any very special circumstances to justify the development. These included Cheryl's desire to enjoy a level of privacy at her private home and reference was made to various incidents involving press photographers and other interested parties.

Additionally, it was noted that the proposal would enable undisturbed use of private facilities which are important for health and fitness which external facilities could not provide.

While acknowledging these, the Inspector found that whilst a certain level of intrusion was suffered, he was not satisfied that the facilities were essential or that other alternatives had been fully considered.

He therefore concluded that the proposal was inappropriate development in the green belt and that there were no other considerations which would clearly outweigh the substantial harm by reason of inappropriateness which would be caused to the green belt.

This led him to dismiss the appeal - and deny permission for Cheryl's swimming pool complex.

Andrew Moss is a chartered town planner at Ward Hadaway law firm