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Dismissed24 January 20243316251

Land to the Rear of St Marys Road, Denham Green, Buckinghamshire, UB9 6JU

Planning appeal 3316251 at Land to the Rear of St Marys Road, Denham Green, Buckinghamshire, UB9 6JU (Buckinghamshire Council - South Bucks Area *) was dismissed on 24 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.

Demolition of existing dilapidated garage and construction of 4 semi-detached dwellings and 3 flats

Authority
Buckinghamshire Council - South Bucks Area *
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Szymanski D
Postcode
UB9 6JU

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 highway safety
  • whether or not the proposed development could secure suitable provision for the storage and collection of waste
  • 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 and Nos 6, 8 and 10 Penn Drive in respect of outlook
  • the effect of the proposed development upon the living conditions of the occupiers of Nos 29 and 31 Green Tiles Lane and the future occupiers of the proposed development in respect of privacy

What decided it

The failure to satisfy the sequential test for flood risk, combined with substantial harm to character and appearance, highway safety, and neighbouring living conditions, outweighed the significant benefit of housing delivery in an area with only 1.3 years' supply.

The significant weight given to housing delivery and economic benefits was substantially outweighed by the substantial weight attributed to non-compliance with national flood risk policies and the moderate weight given to harms to character and appearance, highway safety, waste storage, and neighbouring outlook, with the tilted balance not applying due to flood risk protection policies.

What the Inspector cited

Development plan policies
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 EP4 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 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 applied

The decision letter

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More decisions in Buckinghamshire Council - South Bucks Area

The authority’s record since 2016 · every decision in 2024

  1. Dismissed7 July 20263369166
    38 Tockley Road, Burnham, Buckinghamshire, SL1 7DH
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  3. Allowed9 March 20263374500
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  4. Allowed20 February 20263362360
    The White House Lower Road, Gerrards Cross, SL9 8LG
  5. Invalid13 February 20263357491
    Burnham Football Club, Wymers Wood Road, Burnham, Slough, SL1 8JG

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.