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Planning appeal decision

Dismissed3 October 20223279269

Land that abuts Pine Acres, Birch Lane, Ascot, SL5 8RF

the erection of three detached houses

Authority
Bracknell Forest Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Parsons J

Main issues, as the Inspector framed them

  • the effects of the proposals on (a) the character and appearance of the area, with reference to trees covered by Tree Preservation Order
  • (b) biodiversity
  • (c) the integrity of the Thames Heaths Basin Special Protection Area (THBSPA)
  • (d) Protected Species

What decided it

For Appeals A and B, the absence of mechanisms to secure SPA mitigation and the harm to character and appearance and biodiversity were decisive; for Appeal C, the s106 agreement securing SPA mitigation and the absence of harm to character, biodiversity and protected species were decisive.

Appeals A and B: the housing benefits and deficient five-year housing land supply were outweighed by moderate weight given to policy conflicts on character and appearance and full weight given to conflicts on trees, biodiversity and SPA protection; Appeal C: no material considerations indicated permission should be refused as the proposal complied with the development plan and caused no harm to the main issues.

Framework references: 11, 174

Plan policies cited: Policy CS1, Policy CS7, Policy CS9, Policy CS14, Policy EN1, Policy EN3, Policy EN8, Policy EN20, Policy H5, Policy LP46, Policy NRM6

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.