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Planning appeal decision

Dismissed17 September 20213273153

36 Marshalls Way, Wheathampstead, ST. ALBANS, AL4 8HY

single storey side and rear extension, first floor balcony to rear, garage conversion, alterations to openings

Authority
St Albans City Council
Appeal type
householder · Householder (HAS)
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Osgathorp C

Main issues, as the Inspector framed them

  • Whether the proposal would be inappropriate development in the Green Belt having regard to the National Planning Policy Framework and any relevant development plan policies
  • The effect of the proposal on the openness of the Green Belt
  • The effect of the proposal on the living conditions of the occupiers of No 34 Marshalls Way, with particular regard to privacy
  • 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 the proposal

What decided it

The disproportionate scale of the extension (195% floorspace increase over the original building) combined with the significant harm to neighbouring privacy from the proposed roof terrace meant the very special circumstances necessary to justify inappropriate Green Belt development did not exist.

The substantial weight given to the harm from inappropriate Green Belt development and moderate harm to openness, together with significant harm to neighbouring living conditions, was not outweighed by the other considerations advanced, so the appeal was dismissed.

Framework references: 147, 149, 148, 130

Plan policies cited: Policy 1, Policy 13, Policy 72

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.