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Planning appeal decision

Dismissed14 March 20223277536

Oakside, Littlefield Green, White Waltham, Maidenhead, SL6 3JN

erection of detached dwelling following demolition of car repair/maintenance garage (re-submission of 19/00138/FULL)

Authority
Royal Borough of Windsor and Maidenhead
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
O'Doherty A

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 character and appearance of the area
  • the effect of the proposal on a protected tree 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 substantial harm to Green Belt openness and the significant harm to character and appearance, combined with uncertainty regarding protection of a protected tree, were not clearly outweighed by the moderate benefits of the proposal, and the Framework's Green Belt protection policies provided a clear reason for refusal notwithstanding the lack of five-year housing supply.

The substantial harm to Green Belt openness and significant harm to character and appearance and protected tree, collectively accorded substantial and significant weight, were not clearly outweighed by the moderate weight of benefits including self-build provision, housing supply, economic contribution, sustainability measures and fall-back position, resulting in dismissal.

Framework references: 149, 11, 62

Plan policies cited: Policy QP5, Policy QP1, Policy QP3, Policy NR2, Policy NR3, Policy IF2

Judgments cited: Mansell v Tonbridge and Malling BC & Ors [2017] EWCA Civ 1314

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.