Crowdfunding begins for legal challenge against 320-home Windsor plan

Councillors and residents are hoping to launch a legal challenge against a decision to grant permission to a 320-home estate in Windsor.

The group want to protect the 50-acre patch of former greenbelt between Dedworth Road and Maidenhead Road, marked in the Borough Local Plan as AL21 South.

On June 30, Wates Developments Limited was given permission to build the large estate, alongside a 150-place SEN school (22/01354/OUT).

The challenge is focused on the council and its decision as the planning authority – including the events of the Windsor and Ascot Development Management Committee on March 1.

In March, councillors including Wisdom and Carole Da Costa, both Clewer & Dedworth West), Ewan Larcombe (Datchet. Horton and Wraysbury), Louvaine Kneen of Bray Parish Council (Holyport) and three residents signed a letter to the Borough's monitoring officer Emma Duncan voicing their concerns.

Specifically, it was regarding ‘the process, conduct and issues’ presented and therefore ‘the soundness and legality’ of the decision.

They felt there were ‘clear great dissonances’ between councillors and their understanding of the issues – but officer recommendations were ‘forcefully made’ by officers and the chair and ‘effectively foisted upon’ committee members.

The writers questioned the approach by officers and the chair during the committee meeting ‘to steer towards immediate consent’ rather than delay for ‘a more considered decision’.

“We do not believe that members made up their own minds based on appropriate evidence,” the letter read.

“[They] were strongly led to pre-determined conclusions without sufficient reason or conditions to protect existing residents from harm.”

No site visit was offered to councillors to help evidence statements or ‘allay any evident and appropriate concerns,’ the objectors wrote.

The writers of the letter to Ms Duncan wanted the evidence to be ‘reviewed, re-evaluated and reconsidered’, with ‘clear guidance and methodologies are published well in advance.’

Cllr Wisdom Da Costa ‘spent three weeks reviewing data’ and trying to get information from officers to help him understand the issues clearly, they said.

Explanations received from the head of planning ‘just days before’ March 1 were ‘profoundly different’ from those received previously from other officers, which formed the premise of the reports sent to councillors.

Areas of concern include air pollution. The planning process used air quality modelling that was at odds with measurements taken by Bray Parish Council.

Objectors also raised concerns over flooding and environmental events.

They wanted ‘a full, detailed and open review’ of access, including emergency access, traffic volumes and impact on road safety and air pollution.

Cllr Wisdom da Costa (WWRA) said: “Fundamentally, they've got their traffic modelling wrong. There's no way you're telling me that junction won’t have hundreds and hundreds of cars at peak hours.

“There's a lot of residents and nobody has just one car, they've got at least two cars – plus you've got a special needs school.”

He stressed concerns over the layout of the road; its single access point and the fact that it comes onto Dedworth Road ‘at its narrowest point’.

This and the potential tailbacks from the traffic will increase air pollution, he said.

“There’s lots of things they [the planning authority] should have considered but they didn't – which will all contribute to high levels of air pollution, causing huge harm to residents,” said Cllr da Costa.

“We're talking to some barristers and we want to raise some money to speak further to them. We've given a lot of evidence and we think we have a strong case.”

A council spokesperson said: “Each member of a planning panel must judge a planning application on its merits in line with planning policy, balancing up the relevant policies and planning considerations, alongside consideration of public consultation responses, officer advice and discussion at the panel itself, as part of their decision-making process.

“In this particular case, the resolution agreed by the committee in March for this outline application was that planning permission is granted following confirmation of the Environment Agency removing its objection, and the completion of the legal agreement.

“Proper process was followed throughout and a decision notice has been issued following resolution of these matters. Consent for reserved matters would be required before work can commence.”

The crowd funder for the legal costs of a challenge has raised £1,000 so far.

It can be found at tinyurl.com/mw2b7zvp

If people want more information, they can email cllr.dacosta@rbwm.gov.uk