®Planning appeal decision
Land at Chilwell Gardens, Chilwell Gardens, South Oxhey, Hertfordshire, WD19 6NA
Planning appeal 3315573 at Land at Chilwell Gardens, Chilwell Gardens, South Oxhey, Hertfordshire, WD19 6NA (Three Rivers District Council) was dismissed on 7 November 2023 by Inspector Szymanski D, by written representations. The main issue, as the Inspector framed it: the effect of the proposed development upon the character and appearance of the area, including upon protected and important trees.
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
- Postcode
- WD19 6NA
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.
What the Inspector cited
- Development plan policies
- Policy CP1Policy CP4Policy CP10Policy CP12Policy DM1Policy DM6Policy DM11Appendix 2
- National Planning Policy Framework
- Paragraph 11Paragraph 57Paragraph 110Paragraph 112Paragraph 131
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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With an account
What an account adds to this decision
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- Dismissed9 September 20266011803126 Toms Lane, Kings Langley, WD4 8NR
- Allowed1 September 2026601212721 Dickinson Square, Croxley Green, Rickmansworth, WD3 3HA
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.