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Dismissed24 January 20243324315

Bircherley Green Shopping Centre , Hertford, Hertfordshire , SG14 1BN

Planning appeal 3324315 at Bircherley Green Shopping Centre , Hertford, Hertfordshire , SG14 1BN (East Hertfordshire District Council) was dismissed on 24 January 2024 by Inspector Gee R, by written representations. The main issue, as the Inspector framed it: Whether the details submitted to discharge Condition 19 would protect the living conditions of nearby residents in relation to noise and disturbance.

Discharge of conditions 19 (A3/A4 Sound Insulation), 41 (Lighting - Block A and B), 49 (Health Facility), 52(F) (Proposed and existing functional services above and below ground), 65 (Odour) of planning approval 3/22/0712/VAR

Authority
East Hertfordshire District Council
Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
retail · Other Major Developments
Inspector
Gee R
Postcode
SG14 1BN

Main issues, as the Inspector framed them

  • Whether the details submitted to discharge Condition 19 would protect the living conditions of nearby residents in relation to noise and disturbance

What decided it

The proposed scheme was unenforceable because enhanced sound mitigation measures were to be left to lease agreements between landlord and tenant rather than being subject to Council approval and enforcement.

What the Inspector cited

Development plan policies
Policy EQ2 of the East Herts District Plan 2018

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 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.