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Planning appeal decision

Dismissed4 September 20233313782

3 London Road, Shenley, Hertfordshire, WD7 9EW

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

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.

Framework references: 11, 74, 149, 202

Plan policies cited: Policy SP1, Policy CS13, Policy SADM23, Policy SADM26, Policy CS12, Policy SADM11, Policy SADM12, Policy CS1, Policy CS14, Policy CS22, Policy SADM29, Policy SADM30, Policy SADM3, Policy SH3, Policy SH1

Judgments cited: Julian Wood v SSCLG, Gravesham Borough Council [2015] EWCA Civ 195; R (Tate) v Northumberland County Council [2018] EWCA Civ 1519

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.