86 Chipperfield Road, KINGS LANGLEY, WD4 9JD

Main issues, as the Inspector framed them

• whether or not the change of use of the building is inappropriate development in the Green Belt
• the effect of the development on the character and appearance of the surrounding area and adjacent properties
• the provision of parking and open amenity space
• the living conditions of neighbouring occupiers, particularly as regards visual intrusion, privacy and disturbance
• the effect of the development upon the Chilterns Beechwood Special Area of Conservation (SAC)

What decided it

The development would adversely affect the integrity of the Chilterns Beechwood SAC through recreational impact pathways, and the necessary mitigation measures could not be secured without a completed planning obligation, which the appellant failed to provide.

Although the development accords with the development plan on all other issues and the Council has a very low housing land supply of 1.03 years, the statutory requirement under the Habitats Regulations that the competent authority must ascertain that the plan or project will not adversely affect the integrity of the European site, combined with the Framework's explicit exclusion of the presumption in favour of sustainable development where a habitats site is likely to be significantly affected, outweighed the benefits of providing a new home.