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Planning appeal decision

Allowed21 August 20233316329

26 Hempstead Lane, Potten End, Berkhamsted, HP4 2SD

Planning appeal 3316329 at 26 Hempstead Lane, Potten End, Berkhamsted, HP4 2SD (Dacorum Borough Council) was allowed on 21 August 2023 by Inspector Law T, by written representations. The main issue, as the Inspector framed it: Whether the condition is necessary and reasonable having regard to local and national policies relating to proposals affecting the Green Belt and the living conditions of nearby residents.

the demolition of existing house and construction of a new house in its place to include over the existing footprint, a two storey side, rear and front extensions, increase in eaves height and ridge height, 1 dormer to the front and 3 dormers to the rear, and alterations to the brickwork and fenestration including installation of heat pumps and solar panel without complying with a condition attached to planning permission Ref 22/01464/FUL, dated 8 July 2022

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Law T
Postcode
HP4 2SD

Main issues, as the Inspector framed them

  • Whether the condition is necessary and reasonable having regard to local and national policies relating to proposals affecting the Green Belt and the living conditions of nearby residents

What decided it

The specific characteristics of the site as part of a built-up frontage with varied dwelling scales and existing extensions, combined with the inherent limitations of permitted development rights, meant that removal of the condition restricting permitted development rights was justified and in accordance with national and local policy.

What the Inspector cited

Development plan policies
Policy CS5Policy CS6Policy CS12
National Planning Policy Framework
Paragraph 54Paragraph 130Paragraph 143Paragraph 145

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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More decisions in Dacorum

The authority’s record since 2016 · every decision in 2023

  1. Dismissed26 October 20266003892
    Bulbourne Wood, New Road, Northchurch, Berkhamsted, HP4 1LN
  2. Dismissed2 October 20266011489
    Plot HD587047 of Lot B2A, Upper Bourne End Lane, Hemel Hempstead, HP1 2RR
  3. Dismissed28 August 20266010273
    118 A Hempstead Road, Kings Langley, Hertfordshire, WD4 8AL
  4. Notice upheld14 July 20263350930
    Land Adjancet to The Old Brickworks, Spring Garden Lane, Northchurch, Herts, HP4 3GY
  5. Dismissed17 June 20266006042
    Land South of A4251 (North of A41), Tring, HP23 5RB

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.