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Planning appeal decision

Dismissed11 March 20263371778

5 Llanvair Drive, Ascot, Windsor And Maidenhead, SL5 9HS

subdivision of existing dwelling into 2x semi-detached dwellings with garage conversion, single storey and two storey rear extensions, first floor extension, new roof and 1no front canopy. Along with formation of new access

Authority
Royal Borough of Windsor and Maidenhead
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Murphy S

Main issues, as the Inspector framed them

  • the effect of the proposal on the character and appearance of the area
  • the effect on the living conditions of the occupants of 3 Llanvair Drive with reference to outlook, privacy, sunlight and daylight
  • whether the proposal would secure acceptable living conditions for future occupiers of Plot 2
  • the effect of the proposal on trees, including protected trees
  • whether the proposal makes adequate provision for cycle storage
  • the effect of the proposal on the integrity of the Thames Basin Heaths Special Protection Area (SPA)
  • the effect of the proposal on highway and pedestrian safety
  • effects on priority species and provision of biodiversity net gain (BNG)
  • whether the proposal complies with the adopted policies relating to climate change and carbon emissions

What decided it

The unmitigated significant adverse effect on the integrity of the Thames Basin Heaths SPA, combined with substantial harm to character and appearance and failure to provide acceptable living conditions for future occupiers, provided a strong reason for refusal that outweighed the housing delivery benefit.

The benefits of delivering one additional dwelling and economic benefits during construction and occupation were outweighed by the substantial harm to character and appearance, significant overbearing impact on neighbouring amenity, failure to provide acceptable living conditions for future occupiers, pressure on protected trees, substandard cycle storage, and unmitigated significant adverse effect on the SPA integrity.

Framework references: 11, 135, 194

Plan policies cited: Policy QP3, Policy HO5, Policy NP/DG1.1, Policy NP/DG1.2, Policy NP/DG1.3, Policy NR3, Policy NR2, Policy NR4, Policy IF2, Policy SP2, Policy NP/EN2, 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.

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.