Planning appeal decision
B&Q, Swallowfields, Welwyn Garden City, AL7 1JD
redevelopment of the site to provide 151 dwellings
- Authority
- Welwyn Hatfield Council
- Appeal type
- other · Planning Appeal
- Procedure
- Inquiry
- Development
- residential · Unknown
- Inspector
- Thompson P
Main issues, as the Inspector framed them
- whether the site is a suitable location for the proposal, having regard to the current retail use and its location within an Employment Area, including the effect of the loss of the use on the local community
- the effect of the proposal on the character and appearance of the area, including to the significance of the Norton Building, as a non-designated heritage asset
What decided it
The severe shortfall in housing and affordable housing supply, engaging the Framework's tilted balance, meant the very substantial affordable housing benefit and substantial housing supply benefit outweighed the moderate harm from conflict with employment-protection policies.
The very substantial benefit of 100% affordable housing and substantial benefit of contributing to housing supply, together with moderate and limited benefits, were not significantly and demonstrably outweighed by the moderate (but fully-weighted) harm from conflict with Policies SP8 and SADM10 and the negative economic balance from job losses, so the tilted balance favoured allowing the appeal.
Framework references: 57
Plan policies cited: Policy SADM10, Policy SP8, Policy SP2, Policy SP5, Policy SADM4, Policy SADM11, Policy SADM16, Policy SP7, Policy SP9, Policy SP13, Policy SADM1
Judgments cited: Collis Radio v Secretary of State for the Environment (1975) 29 P. & C.R. 390; Swindon Borough Council v Secretary of State for Levelling Up, Housing and Communities [2023] EWHC 1627 (Admin); Sefton MBC v SSHCLG and 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.
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