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Planning appeal decision

Dismissed11 November 20213273644

2 Darby Drive, Rabley Heath, WELWYN, AL6 9TE

described as, “Retrospective change of use of the property from single dwelling house to 4 No. dwellings, comprising 2 No. 2-bed houses, 1 No. 2-bed flat, 1 No. 1-bed flat, erection of single storey conservatory extension (27.8 sq. m); together with installation of new external staircase; introduction of 2 No. entrance doors (both in place of existing windows); introduction of 1 No. window (in rear elevation); enlargement of 1 No. window (in front elevation); and sub-division of single garden into 4 No. gardens

Authority
Welwyn Hatfield 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
  • whether the proposed development would provide a suitable location for the proposed change of use, having regard to the accessibility of services and facilities
  • the effect of the proposal on the character and appearance of the surrounding area
  • 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 proposal constitutes inappropriate development in the Green Belt which carries substantial weight and is not clearly outweighed by other considerations, and the site is not in a suitable location having regard to accessibility of services and facilities.

the benefits of housing choice and mix and more efficient use of brownfield land were outweighed by the substantial harm to the Green Belt by reason of inappropriateness and the conflict with sustainable location policies

Framework references: 11, 12, 79, 119, 120, 130, 148, 149, 219

Plan policies cited: Policy SD1, Policy H1, Policy H2, Policy GBSP1, Policy GBSP2, Policy D1, Policy D2, Policy RA10, emerging Policy SADM 1, emerging Policy SADM 34

Judgments cited: Gladman Developments Ltd v Secretary of State for Housing, Communities and Local Government [2020]

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.