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Dismissed19 July 20233314268

Land at Little Bushey Lane, Bushey, WD23 4SE

Planning appeal 3314268 at Land at Little Bushey Lane, Bushey, WD23 4SE (Hertsmere Borough Council) was dismissed on 19 July 2023 by Inspector Gilbert J, following an inquiry. The main issue, as the Inspector framed it: The effect of the proposed development on the openness and purposes of the Green Belt.

residential development (up to 310 units) with access from Little Bushey Lane, and land reserved for primary school, community facilities and mobility hub (Class E) along with car parking, drainage and earthworks to facilitate drainage, open space and all ancillary and enabling works. (Outline Application with Appearance, Landscaping, Layout and Scale Reserved)

Authority
Hertsmere Borough Council
Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Major dwellings
Inspector
Gilbert J

Main issues, as the Inspector framed them

  • The effect of the proposed development on the openness and purposes of the Green Belt
  • The effect of the proposed development on the character and appearance of the area
  • Whether the proposed development would be in a suitable location with regard to local and national policies relating to flood risk
  • Whether any harm to the Green Belt and any other harm, is clearly outweighed by other considerations, so as to amount to the very special circumstances necessary to justify the proposed development

What decided it

The very special circumstances relied upon did not clearly outweigh the combined substantial Green Belt harm, significant landscape harm and very substantial flood-risk harm (failure of the sequential test), so very special circumstances were not established.

The very substantial weight given to market and affordable housing and other benefits did not clearly outweigh the substantial Green Belt harm, significant harm to character and appearance, and very substantial flood risk harm, so the balance tipped against the proposal and the tilted balance in paragraph 11(d) was overcome by footnote 7 policies.

What the Inspector cited

Development plan policies
Policy SP1Policy SP2Policy CS1Policy CS2Policy CS3Policy CS4Policy CS12Policy CS13Policy CS16Policy CS17Policy CS18Policy CS19Policy CS21Policy SADM11Policy SADM13Policy SADM14Policy SADM15Policy SADM16Policy SADM22Policy SADM26Policy SADM40
National Planning Policy Framework
Paragraph 8Paragraph 11Paragraph 60Paragraph 74Paragraph 81Paragraph 126Paragraph 137Paragraph 138Paragraph 147Paragraph 148Paragraph 159Paragraph 162Paragraph 174Paragraph 180
Judgments
Gallagher Homes Ltd v Solihull MBC [2014] EWCA Civ 1610; Hallam Land Management Ltd v SSCLG and Eastleigh Borough Council [2018] EWCA Civ 1808; SSCLG & Others v Redhill Aerodrome Ltd [2014] EWCA Civ 1386; Monkhill Ltd v SSHCLG & Waverley Borough Council [2019] EWHC 1993 (Admin)

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 applied

The 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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.