®Planning appeal decision
Burston Nurseries Ltd, North Orbital Road, ST. ALBANS, AL2 2DS
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
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.
Framework references: 11, 57, 130, 132, 134, 137, 138, 147, 148, 149, 199, 200, 202
Plan policies cited: Policy 1, Policy 69, Policy 70, Policy 86, Policy 143B
Judgments cited: Barnwell Manor Wind Energy Ltd v East Northants DC, English Heritage, National Trust and SSCLG [2014] EWCA Civ 137
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.