®Planning appeal decision
Tiverton, The Spinney, Sunningdale, ASCOT, SL5 0AS
construction of 6 no. apartments and car barn following demolition of the existing dwelling and outbuildings
- Authority
- Royal Borough of Windsor and Maidenhead
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Townend K
Main issues, as the Inspector framed them
- the effect of the development on the character and appearance of the area
- the effect on trees
- the effect on biodiversity, particularly bats, and whether the appeal proposal provides Biodiversity Net Gain
- the effect of the proposal on the integrity of the Thames Basin Heaths Special Protection Area
- whether the proposal complies with the adopted policies relating to climate change and carbon emissions
What decided it
The substantial harm to character and appearance caused by the formalised parking and vehicle movements associated with six flats, combined with the unmitigated harm to the Thames Basin Heaths Special Protection Area, outweighed the limited housing benefits and triggered the strong reasons for refusal exception to the presumption in favour of sustainable development.
The limited benefits of five additional dwellings and housing supply contribution were outweighed by substantial harm to character and appearance, risk to a protected tree, and unmitigated harm to the Thames Basin Heaths Special Protection Area, with the latter providing a strong reason for refusal under paragraph 11d of the Framework.
Framework references: 11, 194
Plan policies cited: Policy QP3, Policy NR3, Policy NR2, Policy NR4, Policy SP2, Policy EP1, Policy NP/DG/1.2, Policy NP/H2, Policy NP/DG1, Policy NP/DG2, Policy NP/DG3, Policy NP/EN4
Judgments cited: Holborn Studios Ltd v The Council of the London Borough of Hackney [2017] EWHC 2823 (Admin)
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.