Maidenhead & Windsor

Maidenhead Royal Borough is bitterly disappointed that the Michael Shanly Group has been given the go-ahead for its plans to decontaminate and remediate the toxic waste site it owns at Badnell's Pit, Maidenhead.

Planning inspector Rupert Grantham has allowed the Shanly appeal against Maidenhead council's decision to refuse the planning application, following a two-week public inquiry in March.

The news has been greeted with deep regret by Maidenhead Riverside ward councillors, who fought alongside local residents against the plan.

Maidenhead Cllr Pam Proctor said she was bitterly disappointed: "We put a strong case to the inquiry, based on the real concerns of local residents who are very anxious about the way the developer intends to carry out work on the site. The public inquiry did not bring any comfort in terms of issues like noise levels, health risks to the local community and the route to be used by the lorries travelling to and from the site."

Cllr Alison Napier said: "I share Cllr Proctor's bitter disappointment at the inspector's decision. Residents need to feel reassured that their welfare will be paramount in any plan to decontaminate the site but this level of reassurance has not come through loud and clear.

"Local people are still very suspicious of the developer's degree of commitment to their health and well-being and unfortunately the outcome of the public inquiry has not helped alleviate their fears. Residents remain unconvinced that the decontamination can be done safely."

Maidenhead Cllr Peter Herlinger said: "Despite the result, I felt a strong case was put by the council, residents and elected representatives. If the case had not been argued so vigorously no doubt costs would have been awarded against the council.

"The many conditions which have been imposed on the permission must be complied with by Michael Shanly in carrying out the development.

"In addition, the agreement submitted by Michael Shanly during the inquiry imposes an obligation on them to submit a new planning application for dwellings on the site within 12 months of the inspector's decision. With the housing restraint policies adopted recently by the council, it is by no means certain that an application for new houses would comply with the council's development policies."

The inspector's report allowing the Shanly appeal stated that:

· the available evidence leads the inspector to conclude that the proposed remediation would not result in an unacceptable risk of significant harm to human health and in particular to the health of local residents, given the mitigation measures that would be put in place
· though the remediation scheme would be noisy, the inspector is satisfied that all reasonable remediation measures would be taken to minimise that impact
· that subject to conditions the benefits of the proposed development are sufficient to outweigh the harm that might be cause by the scheme.

Maidenhead Cllr Vicky Howes, lead member for planning, said she was appalled by the outcome and said the council now needs to look very carefully at the detail of the report to seek the best way forward for local residents.

The Royal Borough of Windsor and Maidenhead