Planning appeal decision
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.
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