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Planning appeal decision

Dismissed1 November 20223294476

126 Cross Oak Road, BERKHAMSTED, HP4 3NA

the erection of 2 no. detached dwellings

Authority
Dacorum Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Buchanan R

Main issues, as the Inspector framed them

  • the effect of the proposal on the character and appearance of the area
  • its effect on the Chilterns Beechwoods Special Area of Conservation

What decided it

The proposal conflicts with development plan policies protecting character and appearance and designated habitats sites, and these conflicts are not outweighed by the modest housing benefits in circumstances where the presumption in favour of sustainable development does not apply due to the habitats site protection.

The modest social, economic and environmental benefits of providing two houses (moderate weight) were substantially outweighed by the substantial weight given to unacceptable harm to character and appearance and conflict with nature conservation policy protecting the Chilterns Beechwoods SAC.

Framework references: 11

Plan policies cited: Policy CS12(f), Policy CS12(g), Policy CS26, Appendix 3 of the Council's Local Plan 2004

Judgments cited: Bernard Wheatcroft Ltd v SSE [JPL 1982 P37]

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.