Planning appeal decision
Land to the Rear of St. Marys Road, Denham Green , Buckinghamshire , UB9 5JU
Planning appeal 3309449 at Land to the Rear of St. Marys Road, Denham Green , Buckinghamshire , UB9 5JU (Buckinghamshire Council - South Bucks Area *) was dismissed on 23 January 2024 by Inspector Szymanski D, by written representations. The main issue, as the Inspector framed it: whether or not the proposed development is compliant with policies in respect of flood risk.
ERECTION OF A DETACHED BUILDING COMPRISING TEN No. TWO-BEDROOM FLATS TOGETHER WITH ALL ASSOCIATED ANCILLARY FACILITIES
- Appeal type
- major · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Major dwellings
- Inspector
- Szymanski D
- Postcode
- UB9 5JU
Main issues, as the Inspector framed them
- whether or not the proposed development is compliant with policies in respect of flood risk
- the effect of the proposed development upon the character and appearance of the area
- the effect of the proposed development upon the living conditions of the occupiers of Nos 25, 27, 29 and 31 Green Tiles Lane with particular reference to outlook and privacy
- the effect of the proposed development upon highway safety
- whether or not the proposed development is compliant with policies for the provision of affordable housing
What decided it
The failure to submit a sequential test for flood risk, combined with significant harm to character and appearance, highway safety impacts, and inadequate affordable housing provision, cumulatively outweighed the benefits of housing delivery on a previously developed site.
The benefits of delivering 10 dwellings on a previously developed site in an area with only 1.3 years' housing land supply (significant weight) and modest affordable housing contribution (moderate weight) were substantially outweighed by substantial weight given to non-compliance with national flood risk policies, significant weight given to harm to character and appearance and highway safety, and moderate weight given to harm to neighbouring living conditions.
What the Inspector cited
- Development plan policies
- Policy CP2 of the South Bucks Core Strategy (2011)Policy CP3 of the South Bucks Core Strategy (2011)Policy CP7 of the South Bucks Core Strategy (2011)Policy CP8 of the South Bucks Core Strategy (2011)Policy CP13 of the South Bucks Core Strategy (2011)Policy EP3 of the South Bucks Local Plan (adopted, 1999, consolidated 2007 and 2011)Policy EP5 of the South Bucks Local Plan (adopted, 1999, consolidated 2007 and 2011)Policy H9 of the South Bucks Local Plan (adopted, 1999, consolidated 2007 and 2011)Policy TR5 of the South Bucks Local Plan (adopted, 1999, consolidated 2007 and 2011)Policy 17 of the Buckinghamshire Local Transport Plan (2016)Policy DEN1 of the Denham Parish Neighbourhood Plan (2022)
- National Planning Policy Framework
- Paragraph 11Paragraph 65Paragraph 115Paragraph 131Paragraph 135Paragraph 165Paragraph 167Paragraph 168Paragraph 169
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
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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.
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