®Planning appeal decision
Bircherley Green Shopping Centre , Hertford , SG14 1BN
Planning appeal 3272107 at Bircherley Green Shopping Centre , Hertford , SG14 1BN (East Hertfordshire District Council) was allowed on 17 November 2021 by Inspector Hendley D, by written representations. The main issue, as the Inspector framed it: the effect of the proposal on the enjoyment of the use of the public shopping area, in particular with regard to the potential for conflict with other users.
Mixed use re-development comprising partial demolition of existing buildings and replacement with 3419 square metres of commercial floorspace (Use Classes A1-A4, D1), an 86-bed hotel (Use Class C1), 98 residential apartments (use class C3), alterations to an existing car park, new bus station facilities and associated works and improvements
- Authority
- East Hertfordshire District Council
- Appeal type
- major · Planning Appeal
- Procedure
- Written Representations
- Development
- retail · Major dwellings
- Inspector
- Hendley D
- Postcode
- SG14 1BN
Main issues, as the Inspector framed them
- the effect of the proposal on the enjoyment of the use of the public shopping area, in particular with regard to the potential for conflict with other users
- the living conditions of the occupiers of nearby residential properties, in particular by way of noise
What decided it
The condition restricting delivery times to a fixed 3-hour window was not reasonable and necessary because the Council would retain control through approval of the Delivery and Servicing Management Plan, and allowing flexibility on hours would support town centre vitality without creating unacceptable conflict or harm to living conditions.
the benefits of supporting town centre vitality and retail viability by allowing flexibility in delivery hours outweighed the concerns about potential conflict with pedestrians and noise, provided that hours remained subject to Council approval
What the Inspector cited
- Development plan policies
- Policy EQ2
- National Planning Policy Framework
- Paragraph 56
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
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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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.