®Planning appeal decision
35 High Ridge Road, Hemel Hempstead, Hertfordshire, HP3 0AU
demolition of current three bedroom bungalow and replace with two 2 bedroom two storey dwellings
- Authority
- Dacorum Borough Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Simpson V
Main issues, as the Inspector framed them
- the effect of the development on the Chilterns Beechwoods SAC
- the living conditions of the occupiers of number 37 High Ridge Road, with particular regard to sunlight, daylight and outlook, and the living conditions of the occupiers of number 3 High Ridge Close, with particular regard to privacy and outlook
- the character and appearance of the area
What decided it
The absence of a secured planning obligation to provide SAMMS and SANG mitigation contributions means adverse effects on the integrity of the Chilterns Beechwoods SAC cannot be ruled out, which the Habitats Regulations prohibit and which provides a clear reason for refusal under NPPF paragraph 11.d)i.
No balancing exercise was undertaken; the Habitats Regulations provide an absolute prohibition on approving development where likely significant effects on a habitat site cannot be ruled out, and this overriding concern provided a clear reason for refusal that displaced the tilted balance that would otherwise apply due to the Council's inadequate housing land supply.
Framework references: 11, 135
Plan policies cited: Policy 32 of the Dacorum Borough Council Core Strategy 2006-2031, Policy 12 of the Core Strategy, Policy CS11 of the Core Strategy, Policy CS12 of the Core Strategy
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.