Planning appeal decision
3 London Road, Shenley, Hertfordshire, WD7 9EW
Planning appeal 3313782 at 3 London Road, Shenley, Hertfordshire, WD7 9EW (Hertsmere Borough Council) was dismissed on 4 September 2023 by Inspector Rogers J, by written representations. The main issue, as the Inspector framed it: whether the proposed development would be inappropriate development in the Green Belt having regard to the National Planning Policy Framework and any relevant development plan policies.
the demolition of the existing outbuilding and the erection of a dwelling and associated parking and landscaping
- Authority
- Hertsmere Borough Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Rogers J
- Postcode
- WD7 9EW
Main issues, as the Inspector framed them
- whether the proposed development would be inappropriate development in the Green Belt having regard to the National Planning Policy Framework and any relevant development plan policies
- the effect of the proposed development on the openness of the Green Belt
- the effect of the proposed development on the character and appearance of the area, with particular regard to the Shenley Conservation Area
- if the proposed development is inappropriate, whether the harm by reason of inappropriateness and any other harm, would be clearly outweighed by other considerations so as to amount to the very special circumstances required to justify the proposal
What decided it
The harm to the character and appearance of the Shenley Conservation Area, which provided a clear reason for refusal under paragraph 11 of the Framework despite the shortfall in housing land supply.
The substantial weight attributed to the public benefit of providing an additional dwelling to boost housing supply did not outweigh the great weight given to the less than substantial harm to the heritage asset, with modest weight given to limited economic and environmental benefits.
What the Inspector cited
- Development plan policies
- Policy SP1Policy CS13Policy SADM23Policy SADM26Policy CS12Policy SADM11Policy SADM12Policy CS1Policy CS14Policy CS22Policy SADM29Policy SADM30Policy SADM3Policy SH3Policy SH1
- National Planning Policy Framework
- Paragraph 11Paragraph 74Paragraph 149Paragraph 202
- Judgments
- Julian Wood v SSCLG, Gravesham Borough Council [2015] EWCA Civ 195; R (Tate) v Northumberland County Council [2018] EWCA Civ 1519
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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The authority’s record since 2016 · every decision in 2023
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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.
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