Planning appeal decision
Land Off Bullens Green Lane, Colney Heath, AL4 0QQ
Planning appeal 3265926 at Land Off Bullens Green Lane, Colney Heath, AL4 0QQ (Welwyn Hatfield 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
- Welwyn Hatfield 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, given both councils' acute housing and affordable housing shortfalls, clearly outweighed the substantial Green Belt harm, establishing very special circumstances.
Substantial harm from inappropriateness and loss of openness, plus moderate harm to character and appearance, was clearly outweighed by very substantial weight given to market and affordable housing delivery and substantial weight to self-build provision, so that very special circumstances existed justifying the development.
What the Inspector cited
- Development plan policies
- Policy D2Policy D1Policy RA10Policy RA11Policy 2 of the St Albans Local Plan 1994policy 69Policy 70Policy 74policy 1 of the St Albans District Council Local Plan, 1994policy 86Policy SD1Policy H2Policy GBSP2Policy R1Policy R11policy 106Emerging policy SP7
- 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 appliedThe decision letter
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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.
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