49 High Street, Egham , Surrey, TW20 9EW

Main issues, as the Inspector framed them

• whether the proposed development would preserve or enhance the character or appearance of the Egham Town Centre Conservation Area
• the effect of the proposal on the significance of the Grade II Listed Literary Institute and Red Lion Pub and the Non-Designated Heritage Asset known as Old Bank
• whether the proposed development would be suitably located in relation to flood risk and whether it would increase flood risk
• the effect of the proposal on protected species and biodiversity

What decided it

The less than substantial harm to the conservation area and the settings of the listed buildings, combined with the failure to apply the Sequential Test for flood risk, could not be outweighed by the public benefits of housing delivery, particularly given the statutory duties to preserve or enhance the character and appearance of the conservation area and the settings of listed buildings.

The public benefits of housing delivery (eight dwellings) and commercial floorspace were weighed against the less than substantial harm to the conservation area and the settings of listed buildings; the statutory duties under Sections 66 and 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 were given considerable importance and weight, and the public benefits were found insufficient to outweigh the heritage harm.