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Allowed14 June 20213265925

Land Off Bullens Green Lane, Colney Heath, AL4 0QQ

Planning appeal 3265925 at Land Off Bullens Green Lane, Colney Heath, AL4 0QQ (St Albans City Council) was allowed on 14 June 2021 by Inspector Masters C, following an inquiry. The main issue, as the Inspector framed it: the effect of the proposal on the character and appearance of the area.

outline application for the erection of up to 100 dwellings, including 45% affordable and 10% self build, together with all ancillary works (All matters reserved except access) at Land off Bullens Green Lane, Colney Heath. Appeal B: APP/C1950/W/20/3265926 Roundhouse Farm, Land Off Bullens Green Lane, Colney Heath

Authority
St Albans City Council
Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Major dwellings
Inspector
Masters C

Main issues, as the Inspector framed them

  • the effect of the proposal on the character and appearance of the area
  • the effect of the proposal on the openness of the Green Belt and the purposes of including land within it
  • the effect of the proposed development on the setting of the nearby listed building 68 Roestock Lane
  • whether the site is in an accessible location with regards to local services and facilities
  • whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations, so as to amount to the very special circumstances necessary to justify the development

What decided it

The very substantial weight attached to the delivery of market and affordable housing, together with self-build provision, against the backdrop of an acute housing land supply and affordable housing shortfall in both authorities, clearly outweighed the substantial Green Belt harm and established very special circumstances.

the substantial harm from inappropriate development and loss of openness, plus moderate harm to character and appearance, was clearly outweighed by the very substantial weight given to market and affordable housing delivery and the substantial weight given to self-build provision, so that very special circumstances existed to justify the development in the Green Belt

What the Inspector cited

Development plan policies
Policy D2 (Welwyn Hatfield District Plan 2005)Policy D1 (Welwyn Hatfield District Plan 2005)Policy RA10Policy RA11Policy 2 (St Albans Local Plan 1994)Policy 69 (St Albans Local Plan 1994)Policy 70 (St Albans Local Plan 1994)Policy 74 (St Albans Local Plan 1994)Policy 1 (St Albans Local Plan 1994)Policy 86 (St Albans Local Plan 1994)Policy SD1 (Welwyn Hatfield District Plan 2005)Policy H2 (Welwyn Hatfield District Plan 2005)Policy GBSP2Policy R1Policy R11 (WHBC Local Plan)Policy 106 (SADC Local Plan 1994)Emerging Policy SP7 (WHBC)
National Planning Policy Framework
Paragraph 170Paragraph 133Paragraph 134Paragraph 59Paragraph 61Paragraph 56Paragraph 55
Judgments
Wychavon DC v Secretary of State for Communities and Local Government and Butler [2008] EWCA Civ 692

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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The authority’s record since 2016 · every decision in 2021

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.