Planning appeal decision
35 High Ridge Road, Hemel Hempstead, Hertfordshire, HP3 0AU
Planning appeal 3331979 at 35 High Ridge Road, Hemel Hempstead, Hertfordshire, HP3 0AU (Dacorum Borough Council) was dismissed on 15 May 2024 by Inspector Simpson V, by written representations. The main issue, as the Inspector framed it: the effect of the development on the Chilterns Beechwoods SAC.
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
- Postcode
- HP3 0AU
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.
What the Inspector cited
- Development plan policies
- Policy 32 of the Dacorum Borough Council Core Strategy 2006-2031Policy 12 of the Core StrategyPolicy CS11 of the Core StrategyPolicy CS12 of the Core Strategy
- National Planning Policy Framework
- Paragraph 11Paragraph 135
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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More decisions in Dacorum
The authority’s record since 2016 · every decision in 2024
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- Dismissed14 February 2022327754058-60 High Street, Berkhamsted, HP4 2BP
- Dismissed26 October 20266003892Bulbourne Wood, New Road, Northchurch, Berkhamsted, HP4 1LN
- Invalid20 October 20266011032Greymantle, Hempstead Road, Bovingdon, HP3 0HF
- Invalid16 October 20266011849Greymantle, Hempstead Road, Bovingdon, HP3 0HF
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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