Planning appeal decision
Land Lying To The East Of Hartfield Avenue And Fronting Onto, Barnet Lane, Elstree, Hertfordshire, WD6 3JB
Planning appeal 3329947 at Land Lying To The East Of Hartfield Avenue And Fronting Onto, Barnet Lane, Elstree, Hertfordshire, WD6 3JB (Hertsmere Borough Council) was allowed on 25 March 2024 by Inspector Rose D, following an inquiry. The main issue, as the Inspector framed it: The effect of the proposal on the openness of the Green Belt and its purposes (purposes a) – c) as defined in the Framework).
Residential development of up to 74 dwellings, with associated landscaping, amenity space, Self-Build plots, sustainable urban drainage (SuDs), and associated works. (Outline Application to include Access, with all other matters Reserved)’3
- Authority
- Hertsmere Borough Council
- Appeal type
- major · Planning Appeal
- Procedure
- Inquiry
- Development
- residential · Major dwellings
- Inspector
- Rose D
Main issues, as the Inspector framed them
- The effect of the proposal on the openness of the Green Belt and its purposes (purposes a) – c) as defined in the Framework).
- The effect of the proposal on the character and appearance of the area.
- The effect of the proposal on the grassland habitat within the Elstree Tunnel Local Wildlife Site and the appropriateness of the proposed measures to secure biodiversity net gain.
- The degree and implications of the shortfall in the five-year housing land supply, including consideration of affordable housing and self-build plots.
- 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 severe and worsening shortfall in the Council's five-year housing land supply, combined with the very substantial weight given to market and affordable housing delivery, clearly outweighed the substantial Green Belt and other harm, amounting to very special circumstances.
The very substantial weight given to market and affordable housing, together with significant weight to self-build provision and moderate weight to biodiversity net gain and economic benefits, clearly outweighed the substantial Green Belt harm (inappropriateness, openness and purposes) and moderate landscape/visual harm, amounting to very special circumstances justifying the development.
What the Inspector cited
- Development plan policies
- Policy CS13Policy CS4Policy CS12Policy CS26Policy SP1Policy SP2Policy SADM10Policy SADM11
- National Planning Policy Framework
- Paragraph 11Paragraph 57Paragraph 63Paragraph 85Paragraph 114Paragraph 124Paragraph 142Paragraph 152Paragraph 153Paragraph 180Paragraph 186
- Judgments
- Saredon Aggregates judgement [2023] EWHC 2795
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 appliedThe decision letter
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With an account
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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.
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