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Dismissed14 May 20243321623

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

Planning appeal 3321623 at Land Adjacent Lockers Cottage, Bury Hill, Hemel Hempstead, Hertfordshire, HP1 1SP (Dacorum Borough Council) was dismissed on 14 May 2024 by Inspector Plenty B, by written representations. The main issue, as the Inspector framed it: The effect of the proposed dwelling on the integrity of the Chilterns Beechwoods Special Area for Conservation (SAC).

the construction of new dwelling

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Plenty B
Postcode
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.

What the Inspector cited

Development plan policies
CS26CS12CS27saved policy 119
National Planning Policy Framework
Paragraph 11
Judgments
Holborn Studios Ltd v The Council of the London Borough of Hackney [2017] EWHC 2823 (Admin)

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.

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The decision letter

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More decisions in Dacorum

The authority’s record since 2016 · every decision in 2024

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  3. Invalid16 October 20266011849
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  4. Allowed15 October 20266012966
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  5. Allowed14 October 20266006896
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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.

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