On Thursday, at the Grey Room, York House, Windsor the application for the Ice Rink, 25/01838/FULL, will be heard by Windsor and Ascot Development Committee.
https://rbwm.moderngov.co.uk/ieListDocuments.aspx?CId=631&MId=10037
Below is the summary, the two options open to the Planning Committee and Section 11 shares the planning balance and conclusion.
1 SUMMARY
1.1 Planning permission is sought for the construction of an ice rink, attractions and associated development annually for the periods from October 2025, 2026 and 2027 to January 2026, 2027 and 2028 on Alexandra Gardens in Windsor.
1.2 The development amounts to less than substantial harm to the settings of the Grade I Windsor Castle and Windsor Town Centre Conservation Area.
1.3 The impact of the development with regard to climate change, upon protected species and priority habitats, and trees has not been resolved. Furthermore, the application does not demonstrate a net gain in biodiversity.
1.4 The cumulative weight afforded to these identified harms is substantial.
1.5 The public benefit of the proposal is substantial.
1.6 Only through submission of additional information, as secured through condition, would the benefit of the proposal outweigh the identified harms
It is recommended the Committee authorises the Assistant Director of Planning:
1. To grant planning permission subject to details being submitted and approved in writing (within one month from the date of a resolution to approve) with regard to the following matters:
- the measures incorporated into the development, to adapt to the impact of climate change
- A precautionary working method statement for bats, reptiles, amphibians, badgers, and hedgehogs
- A construction environmental management plan
- A landscape and ecological management plan
- Details of biodiversity enhancements
- Details of the external lighting scheme
- A biodiversity net gain plan
- An arboricultural method statement and tree protection plan, prepared in accordance with the relevant British Standard and with the conditions listed in Section 11 of this report.
2. To refuse planning permission if the details listed above are not submitted to and approved in writing within one month, for the reason that the public benefit of the proposed development would not outweigh the cumulative identified harms.
11 PLANNING BALANCE AND CONCLUSION
11.1 The proposed development would constitute a significant economic benefit to Windsor, attracting additional visitors to the town centre during the extended Christmas period. The proposal would have a positive impact on local businesses, generating custom and providing direct revenue to the Royal Borough. This economic benefit is afforded substantial weight.
11.2 The application is the latest in a series of applications for temporary planning permission for an ice rink and attractions on Alexandra Gardens, dating from 2016. Since 2016, the applicant has sought to increase the scale and extent of the operation, proposing larger structures and introducing more attractions. This has occurred on an incremental basis, with each temporary permission granting a greater quantum of development than previously. Compared to the last temporary permission in 2021, the current application proposes a greater coverage of Alexandra Gardens, with more attractions and associated structures.
11.3 It has consistently been determined that a level of less than substantial harm would be caused to the settings of the Grade I Windsor Castle and the Windsor Town Centre Conservation Area. In each instance, the identified less than substantial harm was not found to outweigh the public benefits the development affords. This was in part, due to limitations being placed on the heights and positioning of the attractions, such that they do not totally impede important views of the Castle.
11.4 Again, the current proposal has been assessed to cause less than substantial harm to the settings of the identified heritage assets.
11.5 The harm to the settings of the heritage assets is compounded by the failure of the application to adequately demonstrate that the likely adverse impacts of the development with regard to climate change would be overcome.
11.6 Significant concern has been raised to the development proposals with regard to the impact of it on root protection areas and canopies of important trees within Alexandra Gardens. The application submission indicates that an arboricultural survey has been commissioned, and that the findings would be submitted to the LPA for consideration. At the time of writing, no such information has been provided.
11.7 The application is also deficient in that it fails to demonstrate that protected species, habitats and biodiversity within the gardens would be appropriately conserved throughout the operational lifetime of the development and beyond. The application submission also fails to demonstrate a deliverable net gain in biodiversity.
11.8 These cumulative harms are afforded substantial weight. Unmitigated, this substantial weighting would exceed the substantial benefits of the proposal. In order for the benefits of the proposal to outweigh these cumulative harms, further information will need to be provided to satisfy the LPA. A set of conditions are recommended, requiring significant additional detail to be submitted by the applicant and approved in writing, prior to the commencement of the development. Only subject to strict adherence to these conditions, would the substantial cumulative harms identified be mitigated to the extent that the benefits of the proposal outweighs them.
11.9 The suggested conditions, set out below, require details to be submitted of the following matters:
- A robust demonstration of the measures incorporated into the development, to adapt to the impact of climate change, authored by a suitably experienced professional
- A precautionary working method statement for bats, reptiles, amphibians, badgers, and hedgehogs, authored by a suitably experienced professional
- A construction environmental management plan, prepared in line with current best practice
- A landscape and ecological management plan, prepared in line with current best practice
- Details of biodiversity enhancements
- Details of the external lighting scheme
- A biodiversity net gain plan
- An arboricultural method statement and tree protection plan, prepared in accordance with the relevant British Standard
11.10 Failure to comply with any of these conditions would tip the balance away from the favour of the application. Only subject to these conditions is the application recommended for approval.
