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Planning appeal decision

Dismissed24 March 20233291661

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

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

Authority
Spelthorne Borough Council
Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
residential · Major dwellings
Inspector
Naylor R

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.

Framework references: 11, 60, 125, 130, 107, 108

Plan policies cited: Policy HO3, Policy EN1 b), Policy CC3

Judgments cited: R (McLaren) v Woking [2021] EWHC 698

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.