®Planning appeal decision
36 Marshalls Way, Wheathampstead, St. Albans, AL4 8HY
Planning appeal 3273153 at 36 Marshalls Way, Wheathampstead, St. Albans, AL4 8HY (St Albans City Council) was dismissed on 17 September 2021 by Inspector Osgathorp C, by written representations. The main issue, as the Inspector framed it: 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.
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
- Postcode
- AL4 8HY
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.
What the Inspector cited
- Development plan policies
- Policy 1Policy 13Policy 72
- National Planning Policy Framework
- Paragraph 147Paragraph 149Paragraph 148Paragraph 130
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.