®Planning appeal decision
Flats 1 -8, 21 Heath Rd, Weybridge, KT13 8TF
for the demolition of existing block of flats and replacement with larger 34-unit residential building
- Authority
- Elmbridge Borough Council
- Appeal type
- major · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Major dwellings
- Inspector
- Jolly J
Main issues, as the Inspector framed them
- the effect of the proposal on the character and appearance of the area
- the effect of the proposal on nearby trees
- the provision of affordable housing
- whether the development would secure Biodiversity Net Gain (BNG)
- the effect of the proposal on the Thames Basin Special Protection Area (SPA)
What decided it
The failure to provide mandatory Biodiversity Net Gain information as a statutory requirement, combined with the unresolved affordable housing provision and the harm to character and appearance, meant the benefits of the scheme did not outweigh the identified harms even under the tilted balance.
The economic, environmental and social benefits of the residential scheme, including housing delivery and a net gain of up to 26 dwellings, did not significantly and demonstrably outweigh the harm to character and appearance, the failure to secure affordable housing, and the failure to meet the statutory BNG requirement.
Framework references: 11, 73
Plan policies cited: Policy CS17 of the Elmbridge Core Strategy (2011), Policy DM2 of the Elmbridge Local Plan (Development Management Plan) (2015), Policy CS14 of the Elmbridge Core Strategy (2011), Policy DM6 of the Elmbridge Local Plan (2015), Policy CS21 of the Elmbridge Core Strategy (2011), Policy DM21 of the Elmbridge Local Plan (2015), Policy CS15 of the Elmbridge Core Strategy (2011)
Judgments cited: Crystal Property (London) Ltd v Secretary of State & LB Hackney EWCA Civ 1265 (2016)
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.