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Dismissed16 February 20243323564

The Avenue, Welwyn, AL6 0PW

Planning appeal 3323564 at The Avenue, Welwyn, AL6 0PW (Welwyn Hatfield Council) was dismissed on 16 February 2024 by Inspector Nunn M, following an inquiry. The main issue, as the Inspector framed it: whether the development represents inappropriate development within the Green Belt.

outline planning application for up to 24 dwellings with all matters reserved except for means of access

Appeal type
minor · Planning Appeal
Procedure
Inquiry
Development
residential · Minor Dwellings
Inspector
Nunn M
Postcode
AL6 0PW

Main issues, as the Inspector framed them

  • whether the development represents inappropriate development within the Green Belt
  • the effect of the proposal on the Green Belt, including openness
  • the effect on the character and appearance of the area, including the landscape
  • whether there is safe and suitable access to the development for all users
  • whether the site is locationally sustainable
  • whether drainage and flood risk are satisfactorily addressed
  • whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations, so as to amount to the very special circumstances required to justify development within the Green Belt

What decided it

The absence of very special circumstances to outweigh the substantial Green Belt harm (inappropriateness, loss of openness and conflict with safeguarding the countryside from encroachment).

The benefits of market and affordable housing, economic and social benefits, and reasonable accessibility did not clearly outweigh the definitional Green Belt harm, the loss of openness, the conflict with safeguarding the countryside from encroachment, the harm to character and appearance, and the unresolved flood risk harm, so very special circumstances were not demonstrated.

What the Inspector cited

Development plan policies
Policy SP1Policy SADM1Policy SP4Policy SP7Policy SP9Policy SP13Policy SADM14Policy SADM16Policy SADM34Policy SADM2Policy SP3Policy SADM7Policy SADM11
National Planning Policy Framework
Paragraph 11Paragraph 57Paragraph 60Paragraph 76Paragraph 115Paragraph 143Paragraph 152Paragraph 153Paragraph 154Paragraph 173
Judgments
R (Liverpool Open and Green Spaces Community Interest Company) v Liverpool City Council [2020] EWCA Civ 81; Hook v Secretary of State for Housing, Communities and Local Government [2020] EWCA 486; R (Samuel Smith Old Brewery (Tadcaster)) v North Yorkshire County Council [2020] UKSC 3

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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More decisions in Welwyn Hatfield

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

  1. Dismissed5 October 20266009892
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  2. Dismissed9 September 20266010292
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  4. Dismissed27 May 20266003536
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  5. Planning permission granted6 March 20263354671
    20 Ayot Green, Ayot St. Peter, Welwyn, AL6 9AB

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.