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Dismissed4 April 20233294385

Berkshire House, 39-51 High Street, Ascot, Berkshire, SL5 7HY

Planning appeal 3294385 at Berkshire House, 39-51 High Street, Ascot, Berkshire, SL5 7HY (Royal Borough of Windsor and Maidenhead) was dismissed on 4 April 2023 by Inspector Redford R, by written representations. The main issue, as the Inspector framed it: the effect of noise from commercial premises on the intended occupiers of the proposed development.

the change of use from offices (Class B1(a)) to ‘residential’ (Class C3) (30 units) under Class O, Part 3, Schedule 2 of the GPDO

Authority
Royal Borough of Windsor and Maidenhead
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
Redford R
Postcode
SL5 7HY

Main issues, as the Inspector framed them

  • the effect of noise from commercial premises on the intended occupiers of the proposed development
  • whether the proposed development would comply with the Nationally Described Space Standards
  • whether the proposed development would provide adequate natural light in all habitable rooms

What decided it

The failure to provide adequate assessment of noise from commercial premises on the intended residential occupiers, in conflict with Paragraph O.2(1)(d) of the GPDO, which cannot be outweighed under the permitted development regime.

What the Inspector cited

Judgments
Bernard Wheatcroft Ltd v SSE 1982

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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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.