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Dismissed30 August 20243335905

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

Planning appeal 3335905 at Boveney Court Farm, Boveney Road, Dorney, Windsor, SL4 6QG (Buckinghamshire Council - South Bucks Area *) was dismissed on 30 August 2024 by Inspector Philpott M, by written representations. The main issue, as the Inspector framed it: whether or not the proposal would be inappropriate development in the Green Belt having regard to the Framework and any relevant development plan policies.

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

Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
residential · Major dwellings
Inspector
Philpott M
Postcode
SL4 6QG

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The likely harmful impact on bats, which could not be adequately assessed due to outdated survey data and failure to demonstrate that the derogation tests for a Habitats Regulations licence would be passed, was determinative and significantly and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

What the Inspector cited

Development plan policies
LP Policy GB1Core Policy 3Core Policy 8Core Policy 9Core Policy 10LP Policy EP3LP Policy C1
National Planning Policy Framework
Paragraph 11Paragraph 57Paragraph 83Paragraph 152Paragraph 154Paragraph 186Paragraph 212

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. Notice varied and upheld4 September 20263349251
    Maple Cottage, Billett Lane, Iver, Buckinghamshire, SL3 6DJ
  2. Notice varied and upheld8 July 20263347247
    Small Acres Farm, Stoke Common Road, Fulmer , Buckinghamshire , SL3 6HA
  3. Allowed29 May 20263376692
    Boveney Court Farm Boveney Road, Dorney, Windsor, Buckinghamshire , SL4 6QG
  4. Notice varied and upheld14 May 20263376465
    Land at Denham Mount Blacksmiths Lane, Tatling End, Buckinghamshire, UB9 4HW
  5. Notice varied and upheld14 May 20263364195
    Denham Mount, Blacksmiths Lane, Tatling End, Buckinghamshire, UB9 4HW

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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