Berkeley Homes residential appeal refused because of impact on the Thames Basin Heaths SPA

The appeal was in relation to an application for the redevelopment of offices in Ascot to provide 23 dwellings and was called in for decision by Pickles, who ultimately agreed with the Inspector's recommendation to refuse the appeal.

The decision letter showed that main reason for refusal was that Berkeley Homes failed to demonstrate that the redevelopment would not, in combination with other developments, have an adverse impact on the integrity of the Thames Basin Heaths (TBH) Special Protection Area (SPA).

Berkeley Homes argued that the appeal should succeed because the site would improve housing supply in the area and increase the availability of off-site affordable housing.

However the decision letter concluded that "the provision of this relatively small amount of housing is not necessary for imperative reasons of overriding public interest".

The decision letter also focussed on the lack of Suitable Alternative Natural Greenspace (SANG) for use by the local community thereby reducing potential impact on the SPA, however,  the Royal Borough of Windsor and Maidenhead currently has no SANG in place

Although sites for the provision of SANG are in the pipeline, the decision letter concluded that "there is not a sufficient degree of certainty about the timing of provision of SANG for him to be able to grant permission on the basis of its future provision".

"Since designation of the TBH SPA in 2005 there have been a number of proposals of a similar nature in Berkshire and Surrey that have failed, said Iain Gilbey, an expert in planning law at Pinsent Masons, the law firm behind Out-Law.com. "The position in Windsor and Maidenhead is exacerbated by the failure of that authority to bring forward a SANG."

"Any developer looking to promote residential proposals in the area will need to ensure that it has secured adequate mitigation, by way of SANGS or otherwise, on its own account or in combination with others, if its proposals are to avoid a similar fate," said Gilbey.

The Secretary of State concluded overall that none of the proposed benefits outweighed the conflicts with the development plan, and so refused permission.