Land South of Heath Lane, Codicote, Hertfordshire, SG4 8YL

Planning appeal 3273701 at Land South of Heath Lane, Codicote, Hertfordshire, SG4 8YL (North Hertfordshire District Council) was allowed on 28 September 2021 by Inspector Rose P, following an inquiry. The main issue, as the Inspector framed it: possible implications for the Green Belt and, in particular, whether any potential harm to the Green Belt by reason of inappropriateness, and any other harm resulting from the proposal, would be clearly outweighed by other considerations, so as to amount to very special circumstances necessary to justify the development.

167 dwellings (Use Class C3) and associated works including formal open space, internal road network, landscape enhancement and creation of accesses from Heath Lane and St Albans Road; and the demolition of 66 St Albans Road

Authority: North Hertfordshire District Council
Appeal type: major · Planning Appeal
Procedure: Inquiry
Development: residential · Major dwellings
Inspector: Rose P
Postcode: SG4 8YL

Main issues, as the Inspector framed them

possible implications for the Green Belt and, in particular, whether any potential harm to the Green Belt by reason of inappropriateness, and any other harm resulting from the proposal, would be clearly outweighed by other considerations, so as to amount to very special circumstances necessary to justify the development
possible implications of the proposal relative to progress of the ELP and, in particular, whether a grant of permission would undermine the plan-making process

What decided it

The very substantial weight attached to the acute, deteriorating housing land supply shortfall and urgent local school need, which clearly outweighed the definitional and other Green Belt harms, establishing very special circumstances.

the potential harm to the Green Belt by reason of inappropriateness, together with other identified harms, was clearly outweighed by the very substantial housing, school and other benefits, establishing very special circumstances, and the scheme also benefited from the tilted balance given the Council's inability to demonstrate a five-year housing land supply

What the Inspector cited

Development plan policies: Policy 2Policy 51Policy 57Policy 19Policy 26Policy 14Policy CD5Policy SP8Policy SP5Policy SP7Policy HE1Policy NExPolicy HS1
National Planning Policy Framework: Paragraph 11Paragraph 48Paragraph 49
Judgments: Sefton Metropolitan Borough Council v Secretary of State for Housing, Communities, and Local Government v Jerry Doherty 7 May 2021 Case No: CO/2050/2020 Co/2051/2020

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.

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The decision letter

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The authority’s record since 2016 · every decision in 2021

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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.