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Dismissed18 February 20223275086

Willow Tree House Brookers Hill, Shinfield, Reading, RG2 9BX

Planning appeal 3275086 at Willow Tree House Brookers Hill, Shinfield, Reading, RG2 9BX (Wokingham Borough Council) was dismissed on 18 February 2022 by Inspector Pipkin R, following a hearing. The main issue, as the Inspector framed it: the effect of the proposed development on the character and appearance of the area.

full application for a mixed use development comprising the proposed erection of 23 dwellings and community hall with vehicular access off Brookers Hill and pedestrian and cycle access from Hollow Lane together with open space and landscaping

Authority
Wokingham Borough Council
Appeal type
major · Planning Appeal
Procedure
Hearing
Development
residential · Major dwellings
Inspector
Pipkin R
Postcode
RG2 9BX

Main issues, as the Inspector framed them

  • the effect of the proposed development on the character and appearance of the area
  • the effect of the proposed development on protected trees
  • whether there are any material considerations which mean that the decision should be made otherwise than in accordance with the development plan

What decided it

The significant/substantial harm to landscape character, appearance and protected trees was found to significantly and demonstrably outweigh the benefits, including the moderate weight attached to the tilted balance.

The substantial weight given to harm to character, appearance and protected trees significantly and demonstrably outweighed the moderate-to-significant benefits (including the tilted balance arising from the absence of a 5YHLS and out-of-date policies), so the balance tipped against the development.

What the Inspector cited

Development plan policies
Policy CP1 (CS)Policy CP2 (CS)Policy CP3 (CS)Policy CP4 (CS)Policy CP5 (CS)Policy CP6 (CS)Policy CP7 (CS)Policy CP9 (CS)Policy CP11 (CS)Policy CP17 (CS)Policy CP19 (CS)Policy CC01 (MDD LP)Policy CC02 (MDD LP)Policy CC03 (MDD LP)Policy CC06 (MDD LP)Policy CC07 (MDD LP)Policy TB05 (MDD LP)Policy TB12 (MDD LP)Policy TB21 (MDD LP)Policy TB23 (MDD LP)Policy 1 (SNP)Policy 2 (SNP)Policy 4 (SNP)Policy 5 (SNP)Policy 6 (SNP)Policy 7 (SNP)
National Planning Policy Framework
Paragraph 11Paragraph 56Paragraph 64Paragraph 71Paragraph 110Paragraph 219
Judgments
Wavendon Properties Ltd vs SSCLG and Milton Keynes Council [2019] EWHC 1524 (Admin); Bloor Homes Ltd v SSCLG [2014] EWHC 745 (Admin); Gladman Developments v SS & Central Bedfordshire Council [2019] EWHC 127 (Admin); Eastleigh Borough Council v SSHCLG [2019] EWHC 1862 (Admin); Suffolk Coastal District Council v Hopkins Development Ltd [2017] UKSC 37; Gladman Developments Limited v Daventry District Council and SSCLG [2016] EWCA Civ 2246; East Northamptonshire Council v SSHCLG, Case Number: CO/917/2020

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.

See how each was applied

The decision letter

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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.