Planning appeal decision
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
- Authority
- St Albans City Council
- 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.
See how each was appliedThe 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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- Dismissed24 July 20266005669The White Horse, 182 High Street, London Colney, AL2 1JY
- Dismissed10 July 20266008445202 Radlett Road, Frogmore, St Albans, AL2 2EN
- Allowed9 July 2026600642669/69A St Peters Street, St Albans, AL1 3ED
- Allowed9 July 2026600642567 St Peters Street, St Albans, AL1 3EA
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.
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