®Planning appeal decision
261 Lower Luton Road, Wheathampstead, St Albans, AL4 8HW
Planning appeal 3299972 at 261 Lower Luton Road, Wheathampstead, St Albans, AL4 8HW (St Albans City Council) was dismissed on 26 July 2023 by Inspector Bartlett R, by written representations. The main issue, as the Inspector framed it: Whether the proposal would be inappropriate development in the Green Belt.
for change of use of restaurant to veterinary practice and outline planning permission for the construction of nine shared ownership dwellings comprising 3 detached three-bedroom chalet bungalows, 2 three-bedroom end of terrace houses and 4 two-bedroom terrace houses (all matters reserved except access)
- Authority
- St Albans City Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Bartlett R
- Postcode
- AL4 8HW
Main issues, as the Inspector framed them
- Whether the proposal would be inappropriate development in the Green Belt
- The effect of the development on the openness of the Green Belt
- The effect of the development on the character of the area
- If the development is inappropriate, whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations, so as to amount to the very special circumstances necessary to justify the development
What decided it
The absence of a completed legal agreement to ensure the proposed housing would be affordable and remain as such in perpetuity meant the proposal could not meet the exceptions in paragraph 149(f) of the Framework and could not be justified as very special circumstances.
The significant benefits of delivering nine affordable homes to address a critical shortfall of 4000 affordable dwellings, retaining the historic building, providing local services, and supporting rural sustainability were outweighed by the harm by definition of inappropriate development in the Green Belt arising from the lack of a mechanism to secure affordability in perpetuity
What the Inspector cited
- Development plan policies
- Policy 1 (Metropolitan Green Belt)Policy 2Policy 6Policy 8 (Affordable Housing in the Metropolitan Green Belt)
- National Planning Policy Framework
- Paragraph 11Paragraph 78Paragraph 79Paragraph 149Paragraph 150
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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With an account
What an account adds to this decision
More decisions in St Albans City Council
The authority’s record since 2016 · every decision in 2023
- Planning permission granted15 September 20263311314Land at Former Butterfly World, Miriam Lane, St. Albans, Hertfordshire, AL2 3NY
- Dismissed10 July 20266008445202 Radlett Road, Frogmore, St Albans, AL2 2EN
- Planning permission granted8 July 2026337492139 The Broadway, Gustard Wood, Wheathampstead, Hertfordshire, AL4 9LW
- Notice upheld8 July 2026336000739 The Broadway, Wheathampstead, St. Albans, AL4 8LW
- Dismissed10 June 20266005367Beaumont Hall Lane, Redbourn Road, Redbourn, AL3 6RN
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.