Planning appeal decision
Land Adjacent to No 55 Bucknalls Drive, Bricket Wood , AL2 3XJ
erection of 12 bungalows. To include 8 detached bungalows and 4 semi-detached bungalows. Access road, parking, refuse provision and landscaping scheme. Provision of access to public footpath
- Authority
- St Albans City Council
- Appeal type
- major · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Major dwellings
- Inspector
- Wallace J
Main issues, as the Inspector framed them
- whether the proposal would be inappropriate development in the Green Belt for the purposes of the development plan and the National Planning Policy Framework
- the effect of the proposed development on the purposes and openness of the Green Belt
- the effect of the proposed development on the Bricket Wood Common Site of Special Scientific Interest (SSSI) and Bricket Wood Building Research Establishment Local Wildlife Site (LWS)
- whether the proposed development would provide a safe and suitable access
- the effect of the proposed development on the character and appearance of the area
- whether or not the contributions sought are reasonable and necessary to make the development acceptable
- whether any harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations, so as to amount to the very special circumstances required to justify the proposal
What decided it
The harm to the Green Belt by reason of inappropriateness, combined with harm to the SSSI and LWS, was not clearly outweighed by the benefits of housing delivery and affordable housing provision, such that very special circumstances did not exist to justify the development.
The substantial weight given to harm to the Green Belt and significant weight to harm to the SSSI, combined with moderate weight to harm to the LWS and limited weight to highway safety concerns, were not outweighed by the significant weight given to the provision of 12 dwellings (one-third affordable) and significant weight to biodiversity enhancements via offsetting, resulting in the appeal being dismissed.
Framework references: 11, 57, 143, 153, 154, 185, 186
Plan policies cited: Policy 1, Policy 34, Policy 39, Policy 70, Policy 74, Policy 106, Policy 143B
Judgments cited: Holborn Studios Ltd v The Council of the London Borough of Hackney [2017] EWCH 2823 (Admin); Julian Wood v SSCLG, Gravesham Borough Council [2015] EWCA Civ 195
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.
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