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Dismissed10 April 20243321814

29 Slough Road, Datchet, Slough, SL3 9AP

Planning appeal 3321814 at 29 Slough Road, Datchet, Slough, SL3 9AP (Royal Borough of Windsor and Maidenhead) was dismissed on 10 April 2024 by Inspector Mileham P, by written representations. The main issue, as the Inspector framed it: Whether the proposal would be in a suitable location for residential development having regard to flood risk, including the provisions of the sequential and exceptions tests.

the retention of existing dwelling and new building accommodating 6 x 2 bedroom flats, access route, car parking and landscaping on land to the rear

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Mileham P
Postcode
SL3 9AP

Main issues, as the Inspector framed them

  • Whether the proposal would be in a suitable location for residential development having regard to flood risk, including the provisions of the sequential and exceptions tests
  • The effect of the proposal on the character and appearance of the area
  • The effect of the proposal on the living conditions of the occupiers of Nos. 28 and 29 Ruscombe Gardens
  • The effect of the proposal on nearby trees
  • Whether the proposal would secure sufficient biodiversity net gain and avoid harm protected and priority species
  • Whether the proposal complies with adopted policy having regard to climate change

What decided it

The proposal fails the sequential test for flood risk and would introduce residential development in an area at high probability of flooding without adequate flood resilience measures or safe egress, which is a clear reason for refusal under the Framework.

Although the proposal would provide 6 residential units and economic and social benefits afforded moderate weight, these do not outweigh the failure to satisfy the sequential flood risk test, harm to character and appearance, harm to living conditions of neighbouring properties, and insufficient evidence of biodiversity net gain and tree protection, particularly as the site's flood risk designation removes the presumption in favour of sustainable development.

What the Inspector cited

Development plan policies
Policy NR1Policy NR2Policy NR3Policy QP3Policy SP2Policy DAT2Policy DAT8
National Planning Policy Framework
Paragraph 11Paragraph 135Paragraph 139Paragraph 173

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.