Land Adjacent Lockers Cottage, Bury Hill, Hemel Hempstead, Hertfordshire, HP1 1SP

Main issues, as the Inspector framed them

• The effect of the proposed dwelling on the integrity of the Chilterns Beechwoods Special Area for Conservation (SAC)
• The effect of the proposed dwelling on the character and appearance of the area including Lockers Cottage, a grade II listed building
• The effect of the proposal on the living conditions of the neighbouring dwellings, especially with respect to privacy

What decided it

The absence of a legal mechanism to secure the required mitigation payments (SAMM and SANG) for the Chilterns Beechwoods SAC at the decision-making stage meant the Inspector could not be satisfied that sufficient certainty existed to prevent an adverse impact on the SAC, which engaged the footnote 7 exception to the tilted balance.

The benefits of housing delivery and economic benefits during construction were outweighed by the failure to provide certainty that the proposal would not harm the Chilterns Beechwoods SAC, a habitat site of particular importance, which provided a clear reason to refuse the scheme under paragraph 11(d) of the Framework.