'Benefits outweigh harms' of Langley flats built without permission, inspector says

A block of flats built without permission in Langley has been granted approval on appeal, with a Government planning inspector overturning the council’s objection.  

Inspector Beverly Wilders said ‘harm’ caused by the flats, including detriment to the living conditions of nearby residents, ‘does not outweigh the benefits of the development’.

Redsky Homes built the five-storey Willow Tree House with 51 flats - despite only having permission for 41 - and applied for retrospective approval only after residents had moved in.  

Slough councillors then threw out the developer’s bid for the bigger block of flats, amid worries the local authority had to ‘set an example’ to deter future rule-breaking new builds.

Redsky then appealed the council’s decision to the Planning Inspectorate – a Government body responsible for resolving disputes involving local authorities.

In a submission on the appeal, the developer said Slough council’s ‘reasons for refusal cannot be justified’.

The developer said there was a ‘demonstrable need’ for more housing in Slough, which would be mitigated by Willow Tree House.

It argued the site, located in Station Road, ‘is a brownfield site in a highly sustainable location close to public transport, including Langley train station, and local services and facilities.’

“Optimising the use of the appeal site and making effective use of brownfield land within Langley district centre should be given substantial positive weight,” appeal documents said.  

The council doubled down on its concerns and set out six reasons for its refusal to grant permission. Two, regarding contaminated land and noise, were dropped during the appeal.

Other objections regarded the ‘scale and massing’ of Willow Tree House, as well as the development causing worsening living conditions for nearby residents.  

Ms Wilders’ decision in late December, which gave the final sign off to the flats, followed a two-day hearing in mid-November as well as site visits to the problem flats.

It referenced the ‘previous permissions’ issued for development at the site, once the Willow Tree pub, which included a planning inspector approving building work in 2023.

“I attach significant weight to them [earlier decisions] as material considerations and have determined the appeal accordingly,” Ms Wilders said.

The decision considered three ‘main issues’ over Willow Tree House:

• “Whether occupiers of the development have been provided with acceptable living conditions having particular regard to privacy and noise and disturbance;
• “The effect of the development on the living conditions of the occupiers of neighbouring properties having particular regard to privacy and outlook; and
• “Whether the design of the development and its effect on the character and appearance of the area is acceptable.”

Ms Wilders concluded that development had caused residents nearby ‘limited harm’ and the occupiers of one particular flat ‘significant harm’ from noise and overlooking.

But she added: “This harm does not outweigh the benefits of the development.”

She said benefits included ‘spend in the local economy and council tax revenue’ from residents living in Willow Tree House.

Ms Wilders said: “The development makes effective use of land in a sustainable location, is well designed and makes provision for affordable housing, albeit off site.”