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Planning appeal decision

Dismissed30 August 20243335905

Boveney Court Farm, Boveney Road, Dorney, WINDSOR, SL4 6QG

demolition of open sided barn, conversion, alteration and change of use of existing buildings from Use Class B8 to Use Class C3 to provide 7 residential units and construction of 5 new residential units, to provide a total of 12 residential units (2x2 bedroom; 6x3 bedroom; and 4x4 bedr oom) including hard and soft landscaping, attenuation pond, bin and cycle stores, car parking, infrastructure and associated works

Authority
Buckinghamshire Council - South Bucks Area *
Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
residential · Major dwellings
Inspector
Philpott M

Main issues, as the Inspector framed them

  • whether or not the proposal would be inappropriate development in the Green Belt having regard to the Framework and any relevant development plan policies
  • the effect of the proposal on protected and important species and habitats, with particular regard to bats
  • the effect of the proposal on the character and appearance of the Boveney Conservation Area
  • whether or not the proposal would make a satisfactory contribution towards affordable housing

What decided it

The likely harmful impact on bats, which could not be adequately assessed due to outdated survey data and failure to demonstrate that the derogation tests for a Habitats Regulations licence would be passed, was determinative and significantly and demonstrably outweighed the considerable benefits of the scheme.

The considerable benefits of housing delivery, affordable housing contribution, heritage enhancement and biodiversity net gain were significantly and demonstrably outweighed by the likely harm to bats, which was determinative; the benefits did not amount to imperative reasons of overriding public interest for the purposes of the Habitats Regulations derogation test.

Framework references: 11, 57, 83, 152, 154, 186, 212

Plan policies cited: LP Policy GB1, Core Policy 3, Core Policy 8, Core Policy 9, Core Policy 10, LP Policy EP3, LP Policy C1

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.