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Planning appeal decision

Dismissed10 May 20243327708

Land at Wych Elms , Oakley Green Road, Oakley Green, Berkshire, SL4 4QF

Erection of single-dwellinghouse (infill development)

Authority
Royal Borough of Windsor and Maidenhead
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Cuthbert L

Main issues, as the Inspector framed them

  • whether the proposal would represent inappropriate development in the Green Belt, taking into account the purposes of including land within it
  • the effect of the proposal on the openness of the Green Belt
  • whether the proposal complies with adopted policy having regard to climate change
  • if the proposal is inappropriate development, whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the development

What decided it

The proposal represents inappropriate development in the Green Belt that would erode openness, and the moderate weight afforded to housing delivery, self-build provision, and other benefits does not clearly outweigh the substantial harm to the Green Belt necessary to establish very special circumstances.

The substantial harm to the Green Belt by reason of inappropriateness and erosion of openness was not clearly outweighed by moderate weight benefits including housing delivery, self-build provision, and biodiversity net gain, therefore very special circumstances do not exist.

Framework references: 154, 155, 142, 153, 11, 7, 8, 14

Plan policies cited: Policy QP5, Policy SP2

Judgments cited: Julian Wood v The Secretary of State for Communities and Local Government and Gravesham Borough Council [2015] EWCA Civ 195; R (Tate) v Northumberland CC [2018] EWCA Civ 1519; Dartford Borough Council v Secretary of State for Communities and Local Government [2016] EWHC Civ 635; Mansell v Tonbridge and Malling BC & others [2017] EWCA Civ 1314

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.