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Dismissed24 March 20233291661

Phase 1C Charter Square , High Street, Staines-Upon-Thames , Spelthorne , TW18 4BY

Planning appeal 3291661 at Phase 1C Charter Square , High Street, Staines-Upon-Thames , Spelthorne , TW18 4BY (Spelthorne Borough Council) was dismissed on 24 March 2023 by Inspector Naylor R, by written representations. The main issue, as the Inspector framed it: Whether the proposal would provide appropriate levels of affordable housing.

the redevelopment of the site to provide 66 new residential units (Use Class C3) with flexible commercial, business and service floorspace (Use Class E) and drinking establishment floorspace (Sui Generis) at ground floor, rooftop amenity space; landscaping and enhancements to the central public square, associated highway works, and other ancillary and enabling works

Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
residential · Major dwellings
Inspector
Naylor R
Postcode
TW18 4BY

Main issues, as the Inspector framed them

  • Whether the proposal would provide appropriate levels of affordable housing
  • The effects of the proposed development on the living conditions of the neighbouring residents with particular regard to daylight and sunlight and outlook
  • Whether there is appropriate provision for parking for the proposed development

What decided it

The lack of certainty that the proposal would deliver appropriate affordable housing, combined with the loss of daylight and sunlight to existing residents, meant the adverse impacts significantly and demonstrably outweighed the housing supply benefits under paragraph 11 d) of the Framework.

The benefits of 64 new residential units on previously developed land in a sustainable location (moderate weight) and economic benefits (moderate weight) were significantly and demonstrably outweighed by the substantial weight given to the failure to secure appropriate affordable housing delivery and the harm to existing residents' living conditions through loss of daylight and sunlight.

What the Inspector cited

Development plan policies
Policy HO3Policy EN1 b)Policy CC3
National Planning Policy Framework
Paragraph 11Paragraph 60Paragraph 125Paragraph 130Paragraph 107Paragraph 108
Judgments
R (McLaren) v Woking [2021] EWHC 698

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.

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The decision letter

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More decisions in Spelthorne Borough Council

The authority’s record since 2016 · every decision in 2023

  1. Allowed25 September 20266007620
    Eden Grove, 17-51 London Road, Staines-upon-Thames, TW18 4EX
  2. Allowed25 September 20266007619
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  3. Dismissed16 September 20266010568
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  4. Dismissed4 August 20266006583
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  5. Dismissed23 July 20266005974
    7 Marlborough Road, Ashford, TW15 3PZ

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.