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Planning appeal decision

Dismissed5 February 20263363639

Milcote , Kings Ride, ASCOT, SL5 8AB

redevelopment of the site to provide 10 residential apartments with basement parking, refuse storage, reuse of existing access and landscaping following demolition of existing buildings

Authority
Royal Borough of Windsor and Maidenhead
Appeal type
other · Planning Appeal
Procedure
Written Representations
Development
residential · Unknown
Inspector
Thandi B

Main issues, as the Inspector framed them

  • Whether the proposal would be inappropriate development in the Green Belt having regard to relevant development plan policies and the Framework
  • The impact upon ancient woodland and trees
  • Whether a planning obligation is required to make the proposal acceptable in planning terms

What decided it

The combination of insufficient information to demonstrate trees would not be unduly compromised and the absence of a completed planning obligation to secure required contributions for biodiversity, affordable housing and community facilities meant the adverse impacts significantly and demonstrably outweighed the housing benefits.

The modest housing supply benefit and moderate social and economic benefits were significantly and demonstrably outweighed by the significant harm to prominent trees and the failure to secure planning obligations for biodiversity net gain, affordable housing, open space and community facilities, notwithstanding the out-of-date development plan status and tilted balance engaged by the lack of five-year housing land supply.

Framework references: 11, 154, 193

Plan policies cited: BFLP Policy LP34, RBWMBLP Policy QP1, RBWMBLP Policy QP3, RBWMBLP Policy NR3, RBWMBLP Policy NR2, BFLP Policy LP16, BFLP Policy LP44, BFLP Policy LP45, BFLP Policy LP53

Judgments cited: Holborn Studios Ltd v The Council of the London Borough of Hackney [2017] EWHC 2823 (Admin); Bernard Wheatcroft Ltd v Secretary of State for the Environment [JPL, 1982, P37]

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.