Trinity House and The kebles, Crouch Lane, Winkfield, Windsor, SL4 4TW

Trinity House and The kebles, Crouch Lane, Winkfield, Windsor, SL4 4TW — Bracknell Forest Borough Council — by P Barton BA (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 03 September 2025.

Trinity House and The kebles, Crouch Lane, Winkfield, Windsor, SL4 4TW — Bracknell Forest Borough Council — Trinity House and The Kebles, Crouch Lane, Winkfield, Windsor SL4 4TW • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission under section 73 of the Town and Country Planning Act 1990 (as amended) for the development of land without complying with conditions subject to which a previous planning permission was granted. • The appeal is made by Mr & Mrs M Eyre against the decision of Bracknell Forest Borough Council. • The application Ref is 24/00689/FUL. • The application sought planning permission for erection of 2no. dwellings without complying with a condition attached to planning permission Ref 23/00232/FUL, dated 3 May 2024. • The condition in dispute is No 5 which states that: “Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or any Order revoking and re-enacting that Order), no enlargement, addition, improvement or other alteration permitted by Classes A, B, D and E of Part 1 of the Second Schedule of the 2015 Order shall be carried out.” • The reason given for the condition is: “The site is located within the Green Belt where strict controls over the form, scale and nature of development apply.

Trinity House and The kebles, Crouch Lane, Winkfield, Windsor, SL4 4TW — Bracknell Forest Borough Council — Trinity House and The Kebles, Crouch Lane, Winkfield, Windsor SL4 4TW [Relevant Policies: BFLP LP 34]”

Trinity House and The kebles, Crouch Lane, Winkfield, Windsor, SL4 4TW — Bracknell Forest Borough Council — matters2 approved in 2021. In 2024 a new planning permission3 was granted 1 Application Ref 20/00252/OUT 2 Application Ref 20/01018/REM 3 Application Ref 23/00232/FUL https://www.gov.uk/planning-inspectorate

Trinity House and The kebles, Crouch Lane, Winkfield, Windsor, SL4 4TW — Bracknell Forest Borough Council — matters2 approved in 2021. In 2024 a new planning permission3 was granted 1 Application Ref 20/00252/OUT 2 Application Ref 20/01018/REM 3 Application Ref 23/00232/FUL https://www.gov.uk/planning-inspectorate

Trinity House and The kebles, Crouch Lane, Winkfield, Windsor, SL4 4TW — Bracknell Forest Borough Council — matters2 approved in 2021. In 2024 a new planning permission3 was granted Appeal Decision APP/R0335/W/25/3358714 under a section 73 application, which the appellants state has been implemented. I observed during my site visit that the houses appear completed and occupied. 4. Disputed condition 5 removed national permitted development rights under the Town and Country Planning (General Permitted Development) Order 2015, as amended (GPDO) that would otherwise have allowed, and within certain parameters, the enlargement of the houses and the erection of outbuildings within their curtilages, without the need for a planning application. This condition does not prevent future extensions to the dwellings or the erection of outbuildings within their curtilages, but it allows the Council to control them through the planning application process. 5. The appellant seeks the removal of condition 5 on the grounds that it is not reasonable or necessary to remove permitted development rights for the properties as it is an unnecessary restriction on activities of future householders and is tantamount to the blanket removal of permitted development rights. 6. The main issue is whether the disputed condition is reasonable or necessary in the interests of preserving the openness of the Green Belt. Reasons 7.

Trinity House and The kebles, Crouch Lane, Winkfield, Windsor, SL4 4TW — Bracknell Forest Borough Council — matters2 approved in 2021. In 2024 a new planning permission3 was granted The National Planning Policy Framework (the Framework) states that planning conditions should not be used to restrict national permitted development rights unless there is clear justification to do so4. The Planning Practice Guidance (PPG) is also clear that conditions restricting the future use of permitted development rights may not pass the test of reasonableness or necessity. It adds that the scope of such conditions needs to be precisely defined5. There is no definition of clear justification and therefore is a matter of planning judgement for the decision-maker on the facts of the particular case. 8. The GPDO does not treat the Green Belt as one of the defined areas within which permitted development rights should not apply. As such, the Government’s fundamental Green Belt aims of preventing urban sprawl by keeping land permanently open do not extend to preventing permitted development within a domestic curtilage. Accordingly, there is no basis in national policy for an assumption that the exercise of permitted development rights would, in principle, be harmful to the Green Belt. 9.

Trinity House and The kebles, Crouch Lane, Winkfield, Windsor, SL4 4TW — Bracknell Forest Borough Council — matters2 approved in 2021. In 2024 a new planning permission3 was granted Therefore, in granting permission for these dwellings, the use of a condition to remove those rights would be justified only if there is a clear identifiable risk of harm to openness, having regard to the particular location and circumstances of the site. 10. Trinity House and The Kebles are 2 detached houses set within grounds that are broadly reflective of the adjoining properties and located in the Green Belt. They form part of the linear development along both sides of this section of Crouch Lane and many of the houses have been extended and also have detached garages and outbuildings visible within their respective curtilages, including from the public right of way adjacent to the appeal site. These 2 houses reflect the overall character of the area, where housing is surrounded by open fields. 4 National Planning Policy Framework Paragraph 55 5 Planning Practice Guidance ‘Use of planning conditions’ Paragraph: 017 Reference ID: 21a-017-20190723 https://www.gov.uk/planning-inspectorate 2

Trinity House and The kebles, Crouch Lane, Winkfield, Windsor, SL4 4TW — Bracknell Forest Borough Council — matters2 approved in 2021. In 2024 a new planning permission3 was granted Appeal Decision APP/R0335/W/25/3358714 11. I recognise the size of the detached houses and their plots, and that permitted development extensions and outbuildings could result in larger properties and a greater level of development on the plots compared to the existing situation. However, I am not persuaded that such extensions and outbuildings to Trinity House and The Kebles are more likely to harm the openness of the Green Belt than the other houses along this part of Crouch Lane. As such there is no clear justification for restricting permitted development rights at the 2 houses on the appeal site. 12. Prior to the construction of the 2 houses, the site was open undeveloped land and outline planning permission was granted by the Council on the grounds that the scheme constituted limited infilling in a village in accordance with Paragraph 145 e) of the Framework. I understand that the Council sought amendments to the scheme during the consideration of the reserved matters application to reduce its scale. However, where a development is found to constitute limited infilling in a village within the Green Belt and is not inappropriate, there is no requirement to assess the impact of the development on openness. 13.

Trinity House and The kebles, Crouch Lane, Winkfield, Windsor, SL4 4TW — Bracknell Forest Borough Council — matters2 approved in 2021. In 2024 a new planning permission3 was granted For the above reasons, I conclude that the disputed condition is not reasonable or necessary in the interests of preserving the openness of the Green Belt. As such there would be no conflict with Policies LP1, LP2 and LP34 of the Bracknell Forest Local Plan 2020-2037, which restricts development in the Green Belt in line with national planning policy. Conditions 14. The appeal is to be allowed and condition 5 of planning permission Ref 23/00232/FUL is to be removed in its entirety, creating a new planning permission. The PPG makes clear that decision notices for the grant of planning permission under section 73 should also reinstate the conditions imposed on the earlier permission that continue to have effect. 15. The Council has provided a list of conditions that it considers would be appropriate and the appellant has had the opportunity to comment on these. I have imposed all those conditions that I consider relevant and in accordance with the Framework and the PPG. 16. No time limit condition has been attached as the development is complete. 17.

Trinity House and The kebles, Crouch Lane, Winkfield, Windsor, SL4 4TW — Bracknell Forest Borough Council — matters2 approved in 2021. In 2024 a new planning permission3 was granted I have imposed conditions requiring that the development is carried out in accordance with the approved plans, surface water drainage, biodiversity enhancements, Great Crested Newt mitigation measures, and landscaping works for the avoidance of doubt and in the interests of certainty as well as in the interests of preventing an increased risk of flooding, nature conservation and the character and appearance of the area. Where appropriate, conditions require these details to be operated and maintained or retained thereafter. 18. Conditions are necessary to control the type of glazing and any opening elements to the first floor windows in the side elevations of the houses, and the removal of permitted development rights to add windows or openings at first floor level or above in the side elevations in the interests of the living conditions of occupiers of neighbouring properties. https://www.gov.uk/planning-inspectorate 3

Trinity House and The kebles, Crouch Lane, Winkfield, Windsor, SL4 4TW — Bracknell Forest Borough Council — matters2 approved in 2021. In 2024 a new planning permission3 was granted Appeal Decision APP/R0335/W/25/3358714 19. I have attached a visibility splays condition, which also require the visibility splays to remain clear in the interests of highway safety. 20. I have also reinstated the parking/turning space and gates conditions in the interests of highway safety. Conclusion 21. For the reasons given above, the appeal should be allowed, subject to the conditions set out below.

Trinity House and The kebles, Crouch Lane, Winkfield, Windsor, SL4 4TW — Bracknell Forest Borough Council — P Barton INSPECTOR Schedule of Conditions 1. The development hereby permitted shall be carried out only in accordance with the following approved plans received by the Local Planning Authority on 20 July 2023: drawing no. 20-J3456-201 Rev B drawing no. 20-J3456-206 Rev A drawing no. 20-J3456-207 Rev A drawing no. LC-2797-01 Rev E and the following drawings connected to reserved matters application 20/01018/REM: drawing no. J3456-102 received 27 April 2021 drawing no. J3456-103 received 27 April 2021 drawing no. J3456-104 received 27 April 2021 drawing no. J3456-105 received 27 April 2021 2. The first-floor windows in the side elevations of plot 1 and plot 2 serving dressing rooms, en-suite and bathroom shall not be glazed at any time other than with a minimum of Pilkington Level 3 obscure glass (or equivalent). They shall at all times be non-opening unless the parts of the windows that can be opened are more than 1.7m above the floor of the room in which it is installed. 3.

Trinity House and The kebles, Crouch Lane, Winkfield, Windsor, SL4 4TW — Bracknell Forest Borough Council — P Barton Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or any Order revoking and re-enacting that Order with or without modification) no additional windows, similar openings or enlargement thereof shall be constructed at first floor level or above in the side elevations of the dwellings, except for any which may be shown on the approved drawings. 4. The land within the visibility splays associated with the vehicular access shall be cleared of any obstruction exceeding 0.6 metres in height measured from the surface of the adjacent carriageway and shall thereafter be kept free of all obstructions to visibility over a height of 0.6 metres measured from the surface of the adjacent carriageway. https://www.gov.uk/planning-inspectorate 4

Trinity House and The kebles, Crouch Lane, Winkfield, Windsor, SL4 4TW — Bracknell Forest Borough Council — P Barton Appeal Decision APP/R0335/W/25/3358714 5. The vehicle parking and turning spaces shall be kept available for parking and turning at all times. 6. The gates provided shall open away from the highway and be set back a distance of at least 6 metres from the edge of the carriageway of the adjoining highway. 7. The development (including parking and driveways) shall incorporate surface water drainage that is SuDS compliant and in accordance with DEFRA "Sustainable Drainage Systems - Non-statutory technical standards for sustainable drainage systems" (March 2015). It shall be operated and maintained as such thereafter. 8. The biodiversity enhancements undertaken in accordance with details approved by conditions application 21/00107/COND shall be retained at all times. 9. Great Crested Newt mitigation measures undertaken in in accordance with details approved by conditions application 21/00107/COND shall be retained at all times. 10. The landscaping shall be undertaken in accordance with the approved hard and soft landscaping plan (drawing no. LC-2797-01 Rev E).

Trinity House and The kebles, Crouch Lane, Winkfield, Windsor, SL4 4TW — Bracknell Forest Borough Council — P Barton Any trees or other plants which within a period of 5 years from the completion of the development, die, are removed, uprooted, are significantly damaged, become diseased or deformed, shall be replaced during the nearest planting season (1st October to 31st March inclusive) with others of the same size, species and quality as approved. The areas shown for soft landscaping purposes on the approved plans shall thereafter be retained as such. **END OF CONDITIONS** https://www.gov.uk/planning-inspectorate 5