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Planning appeal decision

Dismissed7 November 20233315573

Land at Chilwell Gardens, Chilwell Gardens, South Oxhey, Hertfordshire, WD19 6NA

Construction of two storey block with loft containing six flats (one three-bed, two two-bed and three one bed) and associated car parking and new vehicle crossover

Authority
Three Rivers District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Szymanski D

Main issues, as the Inspector framed them

  • the effect of the proposed development upon the character and appearance of the area, including upon protected and important trees
  • whether or not the proposed development could provide satisfactory living conditions for the future occupiers of the development with particular reference to daylight and outlook
  • whether or not the proposed development would provide a safe and suitable access
  • the effect of the proposed development upon open space provision

What decided it

The significant harm to the character and appearance of the area through loss of protected trees and the failure to provide satisfactory daylight and living conditions for future occupiers, combined with an unsafe access design, demonstrably outweighed the benefits of housing delivery even under the tilted balance.

The significant weight attributed to housing delivery (6 dwellings) and affordable housing contribution was outweighed by the significant harm to character and appearance including protected trees, failure to provide satisfactory daylight and living conditions, and unsafe access, such that the policy conflicts and harm demonstrably outweighed the benefits when assessed against the Framework taken as a whole.

Framework references: 11, 57, 110, 112, 131

Plan policies cited: Policy CP1, Policy CP4, Policy CP10, Policy CP12, Policy DM1, Policy DM6, Policy DM11, Appendix 2

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.