Town Planner Pro
Search appeal decisions

Planning appeal decision

Dismissed21 August 20253359935

Kennet Centre, Newbury, RG14 5EN

the redevelopment of the Kennet Centre comprising the partial demolition of the existing building on site and the development of new residential dwellings (Use Class C3) and residents’ ancillary facilities; commercial, business and service floorspace including office (Class E (a, b, c, d, e, f, and g)); access, parking, and cycle parking; landscaping and open space; sustainable energy installations; associated works, and alterations to the retained Vue Cinema and multi storey car park

Authority
West Berkshire District Council
Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Major dwellings
Inspector
Aston R

Main issues, as the Inspector framed them

  • Whether the proposal would preserve or enhance the character or appearance of the Newbury Town Conservation Area (NTCA) (including consideration of character and appearance, scale, height, massing, density and townscape effects) and the effect of the proposal on the setting of listed buildings
  • The effect of the proposal on the living conditions of future occupiers, with particular regard to noise and the provision of acceptable private amenity space
  • If conflict with the development plan, when taken as a whole is identified, whether such conflict is outweighed by other material considerations

What decided it

The less than substantial heritage harm to the Newbury Town Conservation Area and the settings of numerous listed buildings was found to be prevailing and not outweighed by the public benefits of the scheme.

The less than substantial harm to the NTCA and listed buildings (in the middle of the scale) attracted considerable importance and weight and, even set against very significant weight for housing/town centre benefits and moderate/modest weight for economic, climate, biodiversity and other benefits, was found to prevail, so the harm was not outweighed by the public benefits and the development plan conflict was not outweighed by other material considerations.

Framework references: 11, 125, 135, 137

Plan policies cited: Policy SP9, Policy DM9, Policy DM10, Policy DM5, Policy DM30, Policy SP5

Judgments cited: Mead Realisations Ltd v SSLUHC [2024]; East Quayside 12 LLP v The Council of the City of Newcastle Upon Tyne [2-23] EWCA Civ 359

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.