Case Reference: 3356463

Appeal Decision
Site visit made on 18 March 2025
by E Catcheside BA (Hons) MSc MRTPI
an Inspector appointed by the Secretary of State
Decision date: 09 April 2025
Appeal Ref: APP/T0355/W/24/3356463
8 Bell Weir Close, Wraysbury, Staines, Windsor and Maidenhead TW19 6HF
• The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended)
against a refusal to grant planning permission.
• The appeal is made by [APPELLANT] against the decision of the Council of the Royal Borough of
Windsor and Maidenhead.
• The application reference is 24/02301/FULL.
• The development proposed is replacement dwelling.
Decision
1. The appeal is allowed and planning permission is granted for replacement dwelling
at 8 Bell Weir Close, Wraysbury, Staines, Windsor and Maidenhead TW19 6HF in
accordance with the terms of the application, reference 24/02301/FULL, subject to
the conditions in the attached schedule.
Preliminary Matters
2. The description of the development is taken from the application form, as this
formed the basis upon which the Council consulted upon and considered the
proposal. I am satisfied that the description accurately reflects the proposed
development. Therefore, it would not be appropriate to alter the description of the
development through the appeal process.
3. The appeal documents include an Energy Statement and a signed Unilateral
Undertaking (UU), dated 21 January 2025, which makes provision for a financial
contribution to offset carbon emissions. These documents were not before the
Council when it determined the application. However, the Council has been
provided with the opportunity to comment on the documents, and I have taken the
comments received into account.
4. The National Planning Policy Framework (the Framework) was revised in
December 2024. The parties have had the opportunity to comment on the revised
Framework as part of the appeal process and I have had regard to the comments
received.
Main Issues
5. The main issues are:
• whether the proposal would be inappropriate development in the Green
Belt, having regard to the Framework and any relevant development plan
policies; and
• whether the proposal complies with relevant development plan policies in
respect of climate change.
Reasons
Whether inappropriate development
6. The appeal site lies within the Metropolitan Green Belt. The Framework states that
development in the Green Belt is inappropriate other than in a few exceptions.
Policy QP5 of the Borough Local Plan 2013-2033 (LP) also seeks to protect the
Green Belt from inappropriate development as defined by the Framework, unless
very special circumstances are demonstrated.
7. The Council assessed the scheme against the exception listed in paragraph 154 d)
of the Framework, which refers to replacement buildings. However, the application
was advanced on the basis that it would comprise the redevelopment of previously
developed land (PDL). Paragraph 154 g) of the revised Framework states that
development in the Green Belt is not inappropriate where it comprises: “limited
infilling or the partial or complete redevelopment of previously developed land
(including a material change of use to residential or mixed use including
residential), whether redundant or in continuing use (excluding temporary
buildings), which would not cause substantial harm to the openness of the Green
Belt”.
8. The Council states that the site is not PDL because the previous bungalow has
been demolished and only remnants of the foundations remain. However, the
definition of PDL in the Framework does not preclude sites where permanent
structures have been removed. I observed that some structures, including
boundary walls, access gates, and a garage are retained on the site and are in
good condition. When combined with the foundations, which remain clearly
apparent, the site has the character of a residential plot that has been partially
cleared. Moreover, the evidence suggests the bungalow was removed less than 5
years ago, and I did not observe unmanaged vegetation growth or other features
of the site that would indicate the permanent structures have blended into the
landscape. The site therefore comprises PDL.
9. Given the new building would be raised above ground level, and due to its width
and length, the proposed dwelling would be larger and taller than the demolished
bungalow, and it would have a greater volume and floor area. Therefore, there
would inevitably be a loss of openness in spatial terms. Due to its increased
height, bulk and mass, the new dwelling would partially inhibit views across the
wider area from neighbouring properties, and there would be a reduction in the
upward views towards the sky that can currently be gained from Bell Weir Close.
Therefore, the loss of openness would also occur in visual terms.
10. Nonetheless, the site lies within an established residential area with no through
traffic, and the proposed dwelling would be surrounded by existing buildings on
three of its sides. Consequently, whilst there would be some loss of openness
resulting from this single replacement dwelling, it would be of a moderate scale
and localised in nature. It follows that the harm caused to the openness of the
Green Belt would be less than substantial.
11. I conclude that the proposal would not be inappropriate development in the Green
Belt, by virtue of paragraph 154 g) of the Framework. Therefore, it is not necessary
for very special circumstances to be present to outweigh the harm to the Green
Belt by way of inappropriateness, or any other harm and there would be no conflict
with Policy QP5 of the LP.
Climate Change
12. Policy SP2 of the LP expects proposals to demonstrate how they have been
designed to incorporate measures to adapt to and mitigate climate change.
Guidance on how to comply with Policy SP2 is provided in the Sustainability
Supplementary Planning Document (July 2024) (the SPD) which, as a successor
document, is cross-referenced in Policy SP2. The SPD includes a requirement for
a Sustainability and Energy Statement to be submitted, which sets out the
measures to minimise emissions as well as a requirement for development to
provide a net-zero carbon outcome.
13. An Energy Statement was submitted with the appeal, which sets out a range of
design measures that would reduce the carbon emissions associated with the
development, and the Council has not raised any concerns in relation to the
measures proposed. In addition, the UU provides for a Building Emissions
contribution of £2752, which would be payable to the Council’s Carbon Offset
Fund. The financial contribution is based on the criteria set out in the SPD, and I
am therefore satisfied that it would meet the tests for planning obligations set out
in Regulation 122 of the Community Infrastructure Levy Regulations 2010 (as
amended) and the Framework.
14. Not all of the details referred to in the SPD are included within the Energy
Statement. Therefore, the proposal does not fully accord with the SPD. However,
the omissions are minor in nature and, overall, the proposal would incorporate a
range of measures to adapt to and mitigate climate change. Therefore, there
would be no conflict with Policy SP2 of the LP.
Other Matters
15. Schedule 7A of the Town and Country Planning Act 1990 (as amended) (the Act)
introduced a statutory framework for biodiversity net gain (BNG), and it applies to
all planning applications for non-major development submitted on or after 2 April
2024. Under the statutory framework, subject to some exceptions, every grant of
planning permission is deemed to have been granted subject to the Biodiversity
Gain Condition (BGC), which requires that at least a 10% increase in biodiversity
value is met.
16. As a replacement dwelling, the proposal would not fall within the exemption for
householder development. Furthermore, there is no enforceable mechanism
before me through which matters relating to the ownership and occupation of the
dwelling could be secured. Therefore, there is no guarantee that the proposal
would be built and occupied as a self-build dwelling and, consequently, I cannot be
certain it would be exempt from the mandatory BNG for that reason. It follows that
the proposal is subject to the general BGC, as set out in the Act.
17. It is proposed that the BGC would be met through a range of on-site and off-site
measures, and the Council has not raised any concerns with this approach. Based
on the evidence before me, I have no reason to conclude that the BGC could not
be achieved.
Conditions
18. The Council provided a list of suggested conditions, which I have considered with
regard to the tests set out in the Framework and the Planning Practice Guidance.
Where appropriate, I have adjusted the wording of the conditions to improve
precision and enforceability.
19. In addition to the standard time limit condition, I have attached a condition to
define the permitted plan to provide certainty.
20. Conditions requiring the submission of a construction environmental management
plan and the implementation of tree protection measures are necessary, with a
pre-commencement trigger, to ensure that biodiversity features and trees are
protected during the construction works.
21. I have included a condition, requiring the submission of a surface water drainage
scheme, to reduce the risk of surface water flooding. This is a pre-commencement
condition to ensure that other development works would not impede the
implementation of the scheme.
22. The Council requested a condition preventing any raising of ground levels.
However, this condition would be unenforceable without details of the existing and
proposed ground levels being agreed. I have therefore altered the wording of this
condition to require details of the ground levels to be submitted.
23. I have imposed conditions requiring the submission of details of external materials
and landscaping in the interests of protecting local character. Conditions requiring
details of biodiversity enhancements and the control of external lighting are
necessary to protect local character and to enhance biodiversity.
24. It is necessary to include a condition requiring the installation of a privacy screen,
in order to protect the living conditions of neighbouring residents.
25. A condition to secure the implementation of measures to reduce carbon emissions
is required to ensure compliance with Policy SP2 of the LP.
26. I have included conditions requiring details of car parking and bicycle parking to be
submitted. These conditions are necessary to protect highway safety and to
encourage sustainable modes of transport. Details of bin storage are required to
be submitted in the interests of safeguarding the character of the area.
27. It is necessary to secure the implementation of proposed flood mitigation and
management measures to reduce the risk of harm through flooding. For the same
reason, and also to safeguard the openness of the Green Belt, I have included
conditions which restrict some permitted development rights so as to allow the
Council to assess the impact of other structures that could be erected at the site.
28. I have not included the suggested condition requiring all remnants of the former
bungalow to be removed prior to the commencement of the development, because
the evidence does not lead me to conclude it would be necessary or reasonable.
Furthermore, because I have concluded that the proposal is in accordance with
Policy SP2 of the LP, it is not necessary to secure further sustainability measures
through condition as has been suggested by the Council.
29. The general BGC has a separate statutory basis as a planning condition under
Paragraph 13 of Schedule 7A of the Act. On this basis, the Planning Practice
Guidance strongly encourages decision makers to not include the BCG, or the
reasons for applying it, in the list of conditions imposed in the written notice when
granting planning permission1. For this reason, I have not included the Councils
suggested conditions relating to a biodiversity net gain plan and offsetting.
Conclusion
30. For the reasons given above the appeal should be allowed.
E Catcheside
INSPECTOR
SCHEDULE OF CONDITIONS
1) The development hereby permitted shall begin not later than three years from
the date of this decision.
2) The development hereby permitted shall be carried out in accordance with
drawing number MH/8/2024/C Revision 2.
3) No development shall take place (including demolition, ground works and
vegetation clearance), until a Biodiversity Construction Environmental
Management Plan (CEMP) has been submitted to and approved in writing by
the local planning authority. The CEMP shall include details of the measures
to be taken to mitigate the risk of harm to biodiversity during the construction
period, including:
• A biodiversity risk assessment of potentially damaging construction
activities.
• The identification of biodiversity protection zones.
• Practical measures, including physical measures and working
practices, to be taken to avoid or reduce impacts on species, including
protected species, to include those measures set out in the
Preliminary Ecological Appraisal and Roost Assessment, dated 19
August 2024.
• The location and timing of works that may cause harm to biodiversity.
• The identification of an Ecological Clerk of Works (ECoW).
• Details of construction activities that would be overseen by the ECoW.
• Roles, responsibilities and necessary lines of communication to avoid
harm to biodiversity.
The construction of the development shall thereafter be undertaken in
accordance with the approved CEMP.
1 Planning Practice Guidance Paragraph: 024 Reference ID: 74-024-20240214
4) No development shall take place, and no equipment, machinery, or materials
shall be brought to the site until tree protection measures have been installed
in accordance with the details set out in the Arboricultural Method Statement
(dated 5 September 2024) (AMS) and the Tree Protection Plan, numbered
Arbtech TPP 01 (dated September 2024) (TPP). The development shall
thereafter be constructed in complete accordance with the AMS, TPP and the
details shown on drawing number Arbtech AIA 01. The tree protection
measures shall be retained for the duration of the construction process and
until all construction equipment, machinery, and materials have been
permanently removed from the site.
5) No development shall take place until a surface water drainage scheme,
based on sustainable drainage principles, has been submitted to and
approved in writing by the local planning authority. The submitted details
shall include:
(i) Full details of all components of the surface water drainage
system, including dimensions, locations, gradients, invert levels,
cover levels, and construction details,
(ii) Supporting calculations demonstrating compliance with DEFRA’s
Sustainable Drainage Systems: Non-Statutory technical standards
for sustainable drainage systems (March 2015) (or any subsequent
version),
(iii) A management and maintenance regime for the surface water
drainage system, including details of who has responsibility for
implementing the management and maintenance regime.
The approved surface water drainage scheme shall thereafter be
implemented, retained, managed and maintained in accordance with the
approved details.
6) No development shall take place until details of the existing and final ground
levels, demonstrating that the ground level would not be raised, have been
submitted to and approved in writing by the local planning authority. The
development shall thereafter be carried out in complete accordance with the
approved final ground levels.
7) No development shall take place above ground floor level until details of the
materials to be used on the external surfaces of the development hereby
permitted have been submitted to and approved in writing by the local
planning authority. The development shall thereafter be carried out in
complete accordance with the approved details.
8) No development shall take place above ground floor level until a hard and
soft landscaping scheme has been submitted to and approved in writing by
the local planning authority. The landscaping scheme shall be implemented
in its entirety in the first planting season following the completion of the
development, or the occupation of the dwelling, whichever is sooner. Any
trees or plants which, within a period of 5 years from planting, die, are
removed, or become seriously damaged or diseased shall be replaced in the
next planting season with others of a similar size and species.
9) No development shall take place above ground floor level until details of
biodiversity enhancement measures to include, but not be limited to,
hedgehog friendly boundary treatments, wildlife-friendly planting, log piles,
bird and bat roosting opportunities, and other enhancement measures set out
in the Preliminary Ecological Appraisal and Roost Assessment, dated 19
August 2024 have been submitted to and approved in writing by the local
planning authority. The approved biodiversity enhancement measures shall
thereafter be implemented prior to the occupation of the development.
10) No external lighting shall be erected at the site unless and until details of the
external lighting have been submitted to and approved in writing by the local
planning authority. The submitted details shall include:
(i) A lighting layout plan with beam orientation.
(ii) A schedule of lighting equipment.
(iii) Measures proposed to reduce glare.
(iv) An isolux contour map showing light spillage to 1 lux both vertically
and horizontally, along with details of areas of importance for
commuting and foraging bats and the locations of any bird and bat
boxes.
External lighting shall thereafter only be installed in accordance with the
approved details.
11) The development shall not be occupied until a permanently fixed 1.8-metre
high privacy screen has been erected on the covered veranda shown on the
approved drawing in accordance with details, to include its proposed siting,
that have first been submitted to and approved in writing by the local planning
authority. The privacy screen shall be retained as approved thereafter.
12) The development shall not be occupied until the ‘Be Lean’ and ‘Be Green’
measures set out in sections 3.0 and 5.0 of the Energy Statement, dated 7
January 2025 have been implemented. The ‘Be Lean’ and ‘Be Green’
measures shall thereafter be retained.
13) The development shall not be occupied until car parking spaces have been
provided in accordance with details that have first been submitted to and
approved in writing by the local planning authority. The car parking spaces
shall thereafter be retained for car parking.
14) The development shall not be occupied until covered and secure bicycle
parking facilities have been provided in accordance with details that have first
been submitted to and approved in writing by the local planning authority.
The bicycle parking facilities shall thereafter be retained for bicycle parking.
15) The development shall not be occupied until details of refuse bin storage and
recycling facilities have been provided in accordance with details that have
first been submitted to and approved in writing by the local planning authority.
The facilities shall thereafter be retained in accordance with the approved
details.
16) The development shall be carried out in complete accordance with the
measures set out in the Flood Risk Assessment (Report Reference: C18739,
dated July 2024), including the finished floor level set at 17.00AOD, the flood
resilience and resistance measures set out in sections 6.1.1 and 6.1.2 of the
report, and the Flood Evacuation Plan set out in sections 6.2 and 6.3 of the
report. The void beneath the raised ground floor of the building shall remain
permanently open, unenclosed, and unobstructed at all times.
17) Notwithstanding the provisions of the Town and Country Planning (General
Permitted Development) (England) Order 2015 (or any Order revoking and
re-enacting that Order with or without modification), no boundary treatments,
access gates, or other means of enclosure shall be erected or installed at the
site other than in complete accordance with details that have first been
submitted to and approved in writing by the local planning authority. The
submitted details shall demonstrate how the boundary treatments shall not
impede the flow of flood water across the site.
18) Notwithstanding the provisions of the Town and Country Planning (General
Permitted Development) (England) Order 2015 (or any Order revoking and
re-enacting that Order with or without modification), no enlargement,
improvement, or other alteration to the dwellinghouse, including the erection
of buildings incidental to the enjoyment of the dwellinghouse, as permitted by
Classes A, B and E of Part 1 of Schedule 2 of that Order shall be carried out
without first obtaining planning permission from the local planning authority.
***END OF SCHEDULE***