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Allowed31 January 20223279463

Burston Nurseries Ltd, North Orbital Road, St. Albans, AL2 2DS

Planning appeal 3279463 at Burston Nurseries Ltd, North Orbital Road, St. Albans, AL2 2DS (St Albans City Council) was allowed on 31 January 2022 by Inspector Gilbert-Wooldridge T, following an inquiry. The main issue, as the Inspector framed it: the effect of the proposed development on the openness and purposes of the Green Belt.

demolition of all existing buildings, structures and hardstanding and redevelopment of the site to provide a new retirement community comprising assisted living bungalows and apartments, with community facilities together with associated access, bridleway extension, landscaping, amenity space, car parking and associated and ancillary works

Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Major dwellings
Inspector
Gilbert-Wooldridge T
Postcode
AL2 2DS

Main issues, as the Inspector framed them

  • the effect of the proposed development on the openness and purposes of the Green Belt
  • the effect of the proposed development on the character and appearance of the area
  • the effect of the proposed development on the significance of the Grade II* listed Burston Manor and the Grade II listed outbuilding
  • whether the proposed development would make adequate provision for community and infrastructure needs
  • whether harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations so as to amount to the very special circumstances required to justify the proposed development

What decided it

The very substantial weight attached to the significant unmet need for general and specialist elderly (C2) housing, combined with the lack of alternative sites, clearly outweighed the Green Belt, heritage and character harms to establish very special circumstances.

Substantial Green Belt harm, moderate character/appearance harm and low-to-moderate less-than-substantial heritage harm were clearly outweighed by the very substantial and substantial benefits (housing need, lack of alternatives, health and wellbeing, release of under-occupied housing) plus other moderate/limited benefits, tipping the balance decisively in favour of granting permission.

What the Inspector cited

Development plan policies
Policy 1Policy 69Policy 70Policy 86Policy 143B
National Planning Policy Framework
Paragraph 11Paragraph 57Paragraph 130Paragraph 132Paragraph 134Paragraph 137Paragraph 138Paragraph 147Paragraph 148Paragraph 149Paragraph 199Paragraph 200Paragraph 202
Judgments
Barnwell Manor Wind Energy Ltd v East Northants DC, English Heritage, National Trust and SSCLG [2014] EWCA Civ 137

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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More decisions in St Albans City Council

The authority’s record since 2016 · every decision in 2022

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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.