®Planning appeal decision
Land to the Rear of 42-100 Tollgate Road & 42 Tollgate Road, Colney Heath, St Albans, AL4 0PY
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)
- Authority
- St Albans City Council
- Appeal type
- major · Planning Appeal
- Procedure
- Inquiry
- Development
- residential · Major dwellings
- Inspector
- Hayden M
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.
Framework references: 11, 57, 60, 63, 77, 85, 109, 114, 115, 123, 142, 143, 147, 152, 153, 154, 168, 173, 180, 205, 206, 208, 209, 218, 225, 226
Plan policies cited: saved Policy 1, Policy 2, Policy 7A, Policy 34, Policy 143B, Policy 5
Judgments cited: 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)
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.