Maryland, Horse Gate Ride, Ascot, Windsor And Maidenhead, SL5 9LS

Maryland, Horse Gate Ride, Ascot, Windsor And Maidenhead, SL5 9LS — Royal Borough of Windsor and Maidenhead — by P Barton BA (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 17 September 2025

Maryland, Horse Gate Ride, Ascot, Windsor And Maidenhead, SL5 9LS — Royal Borough of Windsor and Maidenhead — Maryland, Horse Gate Ride, Ascot SL5 9LS • 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 G Scott of Ashley Homes against the decision of the Council of the Royal Borough of Windsor and Maidenhead. • The application Ref is 24/00176. • The application sought planning permission for replacement dwelling following demolition of existing elements and x1 new vehicular access without complying with a condition attached to planning permission Ref 23/01094, dated 6 December 2023. • The condition in dispute is No 13 which states that: “The development hereby permitted shall be carried out in accordance with the approved plans listed below.

Maryland, Horse Gate Ride, Ascot, Windsor And Maidenhead, SL5 9LS — Royal Borough of Windsor and Maidenhead — Maryland, Horse Gate Ride, Ascot SL5 9LS Approved Plan Reference Number(s): P19/20/S/301 - Proposed Site Plan, version no.: , received on 3 May 2023 P19/20/S/310 - Proposed Floor Plans, version no.: , received on 3 May 2023 P19/20/S/311 - Proposed Elevations, version no.: , received on 3 May 2023” • The reason given for the condition is: “To ensure that the development is carried out in accordance with the approved particulars and plans.”

Maryland, Horse Gate Ride, Ascot, Windsor And Maidenhead, SL5 9LS — Royal Borough of Windsor and Maidenhead — therefore considered the appeal on this basis accordingly. 1 Council Ref: 21/02702 2 Council Ref: 23/01094 https://www.gov.uk/planning-inspectorate

Maryland, Horse Gate Ride, Ascot, Windsor And Maidenhead, SL5 9LS — Royal Borough of Windsor and Maidenhead — therefore considered the appeal on this basis accordingly. 1 Council Ref: 21/02702 2 Council Ref: 23/01094 https://www.gov.uk/planning-inspectorate

Maryland, Horse Gate Ride, Ascot, Windsor And Maidenhead, SL5 9LS — Royal Borough of Windsor and Maidenhead — therefore considered the appeal on this basis accordingly. Appeal Decision APP/T0355/W/25/3363672 Main Issues 4. The main issues are: • whether the permission that is subject to this appeal is extant, and if it is; • whether the revised proposal would be inappropriate development in the Green Belt with regard to the Framework and any relevant development plan policies; and • whether the revised proposal complies with the adopted policies relating to climate change. Reasons 5. Section 73(4) of the Town and Country Planning Act 1990 sets out that section 73 does not apply if the planning permission was granted subject to a time limited commencement condition and that time period has expired without the development having begun. 6. There is no compelling evidence before me, including my own observations on site, that the development has begun. Consequently, I conclude that the permission subject to this appeal has lapsed and as such there is no extant permission to vary. Accordingly, Section 73 does not apply, and I do not need to consider the other main issues further. Conclusion 7. For the above reasons, there can be no Section 73 appeal, and no further action will be taken on the appeal. The appeal is dismissed.

Maryland, Horse Gate Ride, Ascot, Windsor And Maidenhead, SL5 9LS — Royal Borough of Windsor and Maidenhead — P Barton INSPECTOR https://www.gov.uk/planning-inspectorate 2