Kestrel Hydro, a naturist spa within the vicinity of Heathrow Airport, has failed in its Court of Appeal battle to overturn an enforcement notice forcing it to turn the property back into a “family dwellinghouse”.
The club, which has been operating in Staines-upon-Thames, Middlesex, near Heathrow’s Terminal 5, for more than a decade, lost a High Court challenge to the enforcement notice last year, which also forced them to remove a number of outbuildings, a covered walkway, and a car park.
They had argued that a decision upholding the notice should be quashed because the structures on the property were also used for residential purposes.
However, in a ruling made available yesterday, Lindblom J said that the “the idea” that the structures “might one day be employed for a lawful residential use”, was “hypothetical”.
“On the inspector’s undisputed finding of fact, all of the structures enforced against as, effectively, part and parcel of the unauthorised mixed use of the premises were being employed for that unauthorised use, having been constructed for that purpose,” he said. “They were, therefore, intrinsically part of the breach of planning control.”