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Dismissed26 January 20243323099

Land to the Rear of 42-100 Tollgate Road & 42 Tollgate Road, Colney Heath, St Albans, AL4 0PY

Planning appeal 3323099 at Land to the Rear of 42-100 Tollgate Road & 42 Tollgate Road, Colney Heath, St Albans, AL4 0PY (St Albans City Council) was dismissed on 26 January 2024 by Inspector Hayden M, following an inquiry. The main issue, as the Inspector framed it: The effect of the proposed development on the openness and purposes of the Green Belt.

Outline application for the demolition of the existing house and stables and the erection of up to 150 dwellings, including affordable and custom-build properties, together with all ancillary works (all matters reserved except access)

Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Major dwellings
Inspector
Hayden M
Postcode
AL4 0PY

Main issues, as the Inspector framed them

  • The effect of the proposed development on the openness and purposes of the Green Belt
  • The effect of the appeal proposal on the landscape character and appearance of the area
  • The effect of the proposed development on the setting and significance of nearby heritage assets, including the Grade I listed North Mymms Park House, Grade II listed Colney Heath Farmhouse and adjacent Grade II listed barn, and the non-designated heritage assets of North Mymms Park and Tollgate Farm
  • Whether the site's location is or can be made sustainable in transport terms
  • Whether or not the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations, including the provision of housing and any other benefits which the proposed development may bring, so as to amount to the very special circumstances necessary to justify the proposed development

What decided it

The substantial harm to the openness and purposes of the Green Belt, combined with landscape and heritage harm and sustainable transport limitations, was not clearly outweighed by the housing and other benefits, so very special circumstances did not exist.

The substantial Green Belt harm, significant landscape harm, heritage harm (given great weight) and transport limitations were not clearly outweighed by the very substantial housing benefits and other moderate/substantial benefits, so the balance tipped against the proposal and very special circumstances were not established.

What the Inspector cited

Development plan policies
saved Policy 1Policy 2Policy 7APolicy 34Policy 143BPolicy 5
National Planning Policy Framework
Paragraph 11Paragraph 57Paragraph 60Paragraph 63Paragraph 77Paragraph 85Paragraph 109Paragraph 114Paragraph 115Paragraph 123Paragraph 142Paragraph 143Paragraph 147Paragraph 152Paragraph 153Paragraph 154Paragraph 168Paragraph 173Paragraph 180Paragraph 205Paragraph 206Paragraph 208Paragraph 209Paragraph 218Paragraph 225Paragraph 226
Judgments
Monkhill Ltd v SSHCLG & Waverley BC [2019] EWHC 1993 (Admin); Dartford BC and SoSCLG and Ors [2017] EWCA Civ 141; Sefton Metropolitan Borough Council v SSHCLG & Jerry Doherty [2021] EWHC 1082 (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.

See how each was applied

The decision letter

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

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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.