Two brownfield appeal wins – Inspectors give positive weight to benefits in absence of housing land supply.
We are very pleased to have received two appeal hearing wins in the same week for flatted residential projects in partnership with WaM Architecture. The permissions were for clients Shanly Homes (Former Spiritualist Church Maidenhead) and Silver Hey Properties (Stoke Road, Slough).
These sites share strong similarities. Both are brownfield sites, in highly accessible locations served by the Elizabeth Line and in boroughs that do not have a housing land supply meaning the tilted balance applied.
In the case of Stoke Road, Slough, given the severe shortfall in housing supply, the Inspector attributed substantial weight to the benefits of the scheme (contribution to housing, provision of an active, vibrant, well-designed building, economic benefits). These outweighed the harm attributed to the loss of a locally listed building and concern about light levels to two of the proposed apartments. The Inspector did not accept the Council’s concerns about the height of the building and concluded that the immediate and wider area is marked by change and the building would sit well within the context of neighbouring tall buildings.
At the Spiritualist Church, Maidenhead, the Inspector concluded that the housing shortfall was modest, however the tilted balance still applied, with moderate weight was given to the positive benefits. Limited harm was attributed to the concerns of the Environment Agency regarding the depth of the buffer to the York Stream. The inspector noted that the area was undergoing significant change and did not agree with the Council’s concern regarding the height of the development, concluding that it would be in keeping with the character of the area.
Both appeals reinforce the message that paragraph 11d of the NPPF remains a crucial reference point when determining applications in these circumstances, and highlight the importance of maintaining an up to date housing land supply, despite the mixed messages from government over the last year or so.
Stoke Road, Slough – APP/J0350/W/22/3313789
Appeal Team:
Architect – Sabine Meilwes, WaM Architecture
Heritage – Patrick Maguire, Asset Heritage
Sunlight/ Daylight – Kaivin Wong, Lumina London
Spiritualist Church, Maidenhead – APP/T0355/W/22/3313643
Appeal Team:
Architect – Sabine Meilwes, WaM Architecture
Sunlight & Daylight – Jonathan Lonergan, eb7 ltd
Ecology – Sarah Forsyth & Jim Philips, Ethos
Viability – Trina Froud, Kempton Carr Croft – Property Consultants
Advice from Zack Simons, Landmark Chambers
