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Planning appeal decision

Allowed3 February 20233283105

Land Adjacent The Mill House, Coursers Road, Colney Heath, ST. ALBANS, AL4 0PB

Authority
St Albans City Council
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Raygen Z

Main issues, as the Inspector framed them

  • the effect of the development on the openness of the Green Belt and the purposes of including land within the Green Belt
  • whether the development is in an accessible location
  • the effect of the development on the setting of the Mill House a grade II listed building
  • the effect of the development on ecology
  • would the harm by reason of inappropriateness and any other harm, be clearly outweighed by other considerations so as to amount to the very special circumstances required to justify the development

What decided it

The combination of significant unmet Gypsy and Traveller pitch need, absence of alternative sites, persistent development plan policy failure, and the best interests of the children was found to amount to very special circumstances clearly outweighing the Green Belt and heritage harm.

the harm from inappropriate development in the Green Belt, moderate harm to openness, and less than substantial harm to the setting of the listed building was clearly outweighed by the unmet need for pitches, lack of alternative sites, persistent development plan policy failure and the best interests of the children, amounting to very special circumstances

Framework references: 202

Plan policies cited: Policy 34, Policy 86, Policy 106, Policy 1

Judgments cited: Smith v SSLUHC & Ors [2022] EWCA (the 2022 judgement)

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.