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Allowed24 July 20243327269

B&Q, Swallowfields, Welwyn Garden City, AL7 1JD

Planning appeal 3327269 at B&Q, Swallowfields, Welwyn Garden City, AL7 1JD (Welwyn Hatfield Council) was allowed on 24 July 2024 by Inspector Thompson P, following an inquiry. The main issue, as the Inspector framed it: 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.

redevelopment of the site to provide 151 dwellings

Appeal type
other · Planning Appeal
Procedure
Inquiry
Development
residential · Unknown
Inspector
Thompson P
Postcode
AL7 1JD

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.

What the Inspector cited

Development plan policies
Policy SADM10Policy SP8Policy SP2Policy SP5Policy SADM4Policy SADM11Policy SADM16Policy SP7Policy SP9Policy SP13Policy SADM1
National Planning Policy Framework
Paragraph 57
Judgments
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)

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 May 20266001208
    Unit B Fretherne Road, Welwyn Garden City, Hertfordshire, United Kingdom, AL8 6PZ
  2. Planning permission granted6 March 20263354671
    20 Ayot Green, Ayot St. Peter, Welwyn, AL6 9AB
  3. Dismissed4 February 20263372741
    Cromer Hyde Farm, Marford Road, Lemsford, Welwyn Garden City, Hertfordshire, AL8 7XD
  4. Dismissed14 July 20253361954
    Wendover Lodge, Church Street, Welwyn, Hertfordshire, AL6 9LR
  5. Allowed26 March 20253325924
    48 The Runway, Hatfield, Hertfordshire , AL10 9GL

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.