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Planning appeal decision

Dismissed9 December 20213272945

The Stables,, Caldecote Lane, Bushey, WD23 4EF

demolition of an existing dwelling house and replacement with two detached houses

Authority
Hertsmere Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
O'Doherty A

Main issues, as the Inspector framed them

  • whether the proposal would be inappropriate development in the Green Belt, and the effect on the openness of the Green Belt
  • the effect of the proposal on the character and appearance of the area, including its effect on trees
  • whether the proposal would provide adequate living conditions for future occupiers of the scheme, with particular reference to sunlight and the provision of private amenity space
  • the effect of the proposal on the living conditions of neighbouring occupiers, with particular reference to privacy and outlook
  • if the proposal would be inappropriate development, 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 it

What decided it

The harm to the Green Belt by reason of inappropriateness and the unacceptable harm to the living conditions of neighbouring occupiers were not clearly outweighed by the moderate benefits of the proposal, so very special circumstances did not exist.

The substantial weight given to harm to the Green Belt and the unacceptable harm to neighbouring living conditions were not clearly outweighed by the moderate weight afforded to housing choice and mix and compliance with development plan standards, so the appeal was dismissed.

Framework references: 149, 149d, 149g, 148, 130

Plan policies cited: Policy CS13, Policy SADM23, Policy SADM12, Policy SADM30

Judgments cited: Tandridge DC v SSCLG & Syrett [2015] EWHC 2503; Dyer v Dorset CC (1988); McAlpine v SSE (14/11/94)

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.