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Dismissed4 February 20223273677

Goaters Hill Cottage , 21 Asher Drive, Ascot, SL5 8LJ

Planning appeal 3273677 at Goaters Hill Cottage , 21 Asher Drive, Ascot, SL5 8LJ (Bracknell Forest Borough Council) was dismissed on 4 February 2022 by Inspector O'Doherty A, by written representations. The main issue, as the Inspector framed it: whether the proposal would be inappropriate development in the Green Belt.

Redevelopment of site to provide replacement dwelling

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
O'Doherty A
Postcode
SL5 8LJ

Main issues, as the Inspector framed them

  • whether the proposal would be inappropriate development in the Green Belt
  • the effect of the proposal on the openness of the Green Belt
  • the effect of the proposal on the protected trees on the site
  • if the proposal would be 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 it

What decided it

The proposal constitutes inappropriate development in the Green Belt by reason of being materially larger than the building it replaces, and the harm to the Green Belt by reason of inappropriateness and potential adverse effect on a protected tree is not clearly outweighed by other considerations.

The substantial harm to the Green Belt by reason of inappropriateness and reduction in openness, together with the potential adverse effect on a protected tree, was not clearly outweighed by other considerations, which were either neutral or of limited weight.

What the Inspector cited

Development plan policies
Policy GB1Policy H5Policy EN1Policy EN20Policy CS9Policy CS7
National Planning Policy Framework
Paragraph 149Paragraph 148
Judgments
R (oao Samuel Smith Old Brewery (Tadcaster) & Ors) v North Yorkshire CC [2020] UKSC 3; Mansell v Tonbridge and Malling BC & Ors [2017] EWCA Civ 1314

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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More decisions in Bracknell Forest Borough Council

The authority’s record since 2016 · every decision in 2022

  1. Dismissed22 September 20266010236
    Knightswood Cottage,, Prince Albert Drive, Ascot, SL58AQ
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    Mare Lane Farm, Howe Lane, Binfield, Bracknell, RG42 5QP
  3. Allowed16 June 20266006650
    3 Yew Tree Cottages, Maidens Green, Winkfield, SL4 4SL
  4. Dismissed18 May 20263360311
    Land North West of North Street, Winkfield, Windsor, SL4 4TH
  5. Dismissed5 February 20263363631
    Milcote, Kings Ride, Ascot, SL5 8AB

The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.