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Planning appeal decision

Allowed22 August 20243340497

Land East of the A10, Buntingford , Hertfordshire , SG9 9SQ

development of 350 dwellings, with up to 4,400 sq m of commercial and services floorspace (Use Class E and B8) and up to 500 sq m of retail floorspace (Use Class E) and other associated works including drainage, access into the site from the A10 and Luynes Rise (but not access within the site), allotments, public open space and landscaping

Authority
East Hertfordshire District Council
Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Major dwellings
Inspector
Ford K

Main issues, as the Inspector framed them

  • Whether the proposal would be a suitable location for residential development having regard to the spatial strategy of the development plan.
  • Accessibility of the development to services and facilities.
  • The effect on the character and appearance of the area with specific reference to landscape character and density.
  • Whether the Council can demonstrate a deliverable housing land supply as required by the National Planning Policy Framework (NPPF).

What decided it

The Council's inability to demonstrate a five-year housing land supply, which engaged the NPPF paragraph 11(d) tilted balance in favour of granting permission.

The significant benefits of market housing and economic/retail provision and the substantial benefit of affordable housing outweighed the moderate harms to spatial strategy, accessibility and landscape character and the limited harm from loss of agricultural land, so the adverse impacts did not significantly and demonstrably outweigh the benefits under NPPF paragraph 11(d).

Framework references: 11, 180, 57

Plan policies cited: DPS2, DSP2, GBR2, GRB2, BUNT1, HD1, TRA1, DES1, DES2, DES3, DES4, HD2, HD4, BE2, HOU1, DEL2, HOU3, CFLR1, CFLR7, CFLR9, NE2, WAT4

Judgments cited: Secretary of State for Communities and Local Government v West Berkshire District Council [2016] 1 W.L.R. 3923; Gallagher Homes Ltd v Solihull MBC [2014] EWCA Civ 1610

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.