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Allowed18 August 20233318094

41 Railway Street, Hertford, Hertfordshire, SG14 1BA

Planning appeal 3318094 at 41 Railway Street, Hertford, Hertfordshire, SG14 1BA (East Hertfordshire District Council) was allowed on 18 August 2023 by Inspector Price J, following an inquiry. The main issue, as the Inspector framed it: whether the proposal would make appropriate contributions towards affordable housing provision and other infrastructure.

redevelopment to form 34 retirement living apartments for older persons including associated communal facilities, access, parking and landscaping and 3 retail units (Use Class E)

Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Major dwellings
Inspector
Price J
Postcode
SG14 1BA

Main issues, as the Inspector framed them

  • whether the proposal would make appropriate contributions towards affordable housing provision and other infrastructure
  • whether the proposal would be of a contextually satisfactory design, including in respect of designated heritage assets
  • whether the proposal would provide acceptable living conditions for future occupiers, with particular regard to outlook, ventilation and communal outside space

What decided it

under the tilted balance, the harm from the shortfall in the affordable housing contribution (mitigated by the fallback hotel permission) did not significantly and demonstrably outweigh the substantial housing, older persons', brownfield, economic and heritage benefits of the scheme.

the substantial and significant benefits of housing land supply delivery, specialist older persons' housing, brownfield/sustainable location use and economic benefits outweighed the moderate harm from the shortfall in the affordable housing contribution under the tilted balance, so the appeal was allowed

What the Inspector cited

Development plan policies
Policy HERT1Policy RTC4Policy HOU3Policy CFLR7Policy DEL2Policy DES4Policy HERT7Policy HA7Policy HA4Policy HA1Policy DPS1Policy DPS3Policy HOU1Policy HOU6Policy HOU2Policy DPS2
National Planning Policy Framework
Paragraph 74Paragraph 58Paragraph 130Paragraph 120Paragraph 8Paragraph 119Paragraph 124Paragraph 125Paragraph 81Paragraph 11Paragraph 57Paragraph 55

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.