Planning appeal decision
Thai Warung, 3 Nicholsons Lane, MAIDENHEAD, SL6 1HR
part change of use of 1st floor from A3 (restaurant) to C3 (residential), demolition of existing conservatory, construction of new conservatory and raising of roof at rear, new dormers to accommodate for the addition of 1 flat
- Authority
- Royal Borough of Windsor and Maidenhead
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Cullen F
Main issues, as the Inspector framed them
- Whether the proposal would i) preserve the Grade II listed building or any features of special architectural or historic interest which it possesses and ii) preserve or enhance the character or appearance of the Maidenhead Town Centre Conservation Area
- Whether the proposed development would provide satisfactory living conditions for future occupiers, with regard to the provision of private and communal outdoor amenity space
- Whether it has been demonstrated that the proposed development would adapt to and mitigate climate change
What decided it
The harm to the significance of the Grade II listed building and conservation area, which would not be outweighed by the public benefits of the proposal, combined with failures to provide satisfactory living conditions and demonstrate climate change mitigation, meant the proposal conflicted with the development plan and there were no material considerations to indicate otherwise.
The moderate weight of public benefits (housing supply, economic and social benefits, energy efficiency improvements) was outweighed by the substantial weight of harm to designated heritage assets, inadequate living conditions and failure to demonstrate climate change mitigation, resulting in dismissal.
Framework references: 11, 125, 167, 212, 213, 215
Plan policies cited: Policy HE1, Policy QP3, Policy SP2, Policy EP1
Judgments cited: Holborn Studios Ltd v The Council of the London Borough of Hackney (2018); Bernard Wheatcroft v Secretary of State for the Environment (1982)
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.
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