Land Adjoining Pine Acres, Birch Lane, Ascot, SL5 8RF

Main issues, as the Inspector framed them

• whether condition 4 (ground levels) is reasonable and necessary in the interests of the character and appearance of the area and living conditions of the occupiers of the neighbouring property
• whether condition 5 (removal of permitted development rights) and condition 26 (demolition of existing outbuilding) are reasonable and necessary in the interests of the character and appearance of the area
• whether condition 24 (construction working hours) is reasonable and necessary in the interests of the living conditions of the occupiers of neighbouring properties, with regard to noise
• whether condition 18 is reasonable and necessary in the interests of flooding
• whether condition 27 is reasonable and necessary, having regard to the provision of accessible and adaptable dwellings to meet the needs of future occupiers

What decided it

The Inspector found that several conditions failed the tests of reasonableness and necessity under planning law, particularly the blanket removal of permitted development rights which conflicted with Planning Practice Guidance, while conditions relating to drainage and accessible housing were justified by development plan policy and the need for detailed implementation.