®Planning appeal decision
Land South of Merrymead, Birch Lane, Ascot, SL5 8RF
Planning appeal 3279270 at Land South of Merrymead, Birch Lane, Ascot, SL5 8RF (Bracknell Forest Borough Council) was allowed on 3 October 2022 by Inspector Parsons J, by written representations. The main issue, as the Inspector framed it: Effects of the proposal on the character and appearance of the area, with reference to trees covered by Tree Preservation Order.
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
- Postcode
- SL5 8RF
Main issues, as the Inspector framed them
- Effects of the proposal on the character and appearance of the area, with reference to trees covered by Tree Preservation Order
- Biodiversity
- The integrity of the Thames Basin Heaths Special Protection Area (TBHSPA)
- Protected Species
What decided it
The absence of any mechanism to secure SANG and SAMM mitigation for the SPA, combined with the harm to character and appearance through the awkward siting of dwellings and pressure to remove protected trees, meant the proposal conflicted with the development plan taken as a whole with no material considerations of sufficient weight to override this.
The benefits of housing delivery and the Council's deficient five-year housing land supply were outweighed by the moderate weight given to conflicts with character and appearance policies and the full weight given to conflicts with biodiversity, tree protection and SPA policies, which are consistent with the Framework; the SPA as an area of particular importance provided a clear reason for refusal
What the Inspector cited
- Development plan policies
- Policy CS1Policy CS7Policy CS9Policy EN8Policy EN20Policy H5Policy EN1Policy EN3Policy CS14Policy NRM6
- National Planning Policy Framework
- Paragraph 11Paragraph 174
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 appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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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.