Bircherley Green Shopping Centre , Hertford , SG14 1BN

Authority: East Hertfordshire District Council
Appeal type: major · Planning Appeal
Procedure: Written Representations
Development: retail · Major dwellings
Inspector: Hendley D

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

Framework references: 56

Plan policies cited: Policy EQ2

Read the decision letter on the Inspectorate’s site

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

What an account adds

Draw a red line around your site and the appraisal follows.

Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.

Then the development plan position, the housing land supply as an Inspector last accepted it, and every appeal decided around the site with its letter.

Every English appeal since 2016, with the letter behind it wherever the Inspectorate published one. Searched by meaning as well as by words, with the key case law counted live across the letters.

Casework that chases the deadlines. Applications, appeals and conditions with their statutory dates.

The judgement stays yours. The tool gathers the material and dates it.