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Planning appeal decision

Allowed3 October 20223279270

Land south of Merrymead, 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

  • 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

Framework references: 11, 174

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