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Planning appeal decision

Dismissed26 July 20233299972

261 Lower Luton Road, Wheathampstead, St Albans, AL4 8HW

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

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

Framework references: 11, 78, 79, 149, 150

Plan policies cited: Policy 1 (Metropolitan Green Belt), Policy 2, Policy 6, Policy 8 (Affordable Housing in the Metropolitan Green Belt)

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.