Land at Quinbury Farm, Hay Street, Braughing Ware, Hertfordshire, SG11 2RE

Continued erection of four dwellings to the same design and appearance as previously approved under ref. 3/14/1204/FP together with all supporting infrastructure following removal of the original barns

Authority: East Hertfordshire District Council
Appeal type: enforcement · Enforcement Notice
Procedure: Inquiry
Development: residential · Minor Dwellings
Inspector: Merrett R

Main issues, as the Inspector framed them

the effect of the development on the character and appearance of the surrounding area
whether the appeal site is in a sustainable location

What decided it

The benefits of the scheme, together with the significant weight attached to the closely comparable 2014 planning permission for an almost identical development, outweighed the moderate harm arising from the site's unsustainable location under the tilted balance.

the moderate adverse weight attached to the conflict with the development plan (unsustainable location) did not significantly and demonstrably outweigh the economic, social and heritage benefits and the weight given to the 2014 permission, so permission was granted under the paragraph 11(d) presumption

Framework references: 11

Plan policies cited: Policy DES4, Policy GBR2, Policy INT1, Policy DPS2, Policy TRA1, Policy VILL1, Policy 1, Policy CC1, Policy CC2

Judgments cited: Tapecrown Ltd v FSS & Vale of White Horse DC [2006] EWCA Civ 1744; Ahmed v SSCLG & Hackney LBC [2014] EWCA Civ 566; Vallis v SSCLG and Another 2012 EWHC 578

Read the decision letter on the Inspectorate’s site

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.

What an account adds

Draw a red line around your site and the appraisal follows.

Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.

Then the development plan position, the housing land supply as an Inspector last accepted it, and every appeal decided around the site with its letter.

Every English appeal since 2016, with the letter behind it wherever the Inspectorate published one. Searched by meaning as well as by words, with the key case law counted live across the letters.

Casework that chases the deadlines. Applications, appeals and conditions with their statutory dates.

The judgement stays yours. The tool gathers the material and dates it.