®Planning appeal decision
Wickham House , Station Road, Braughing , Ware Herts, SG11 2PB
the extension and change of use from existing commercial to 4no. residential units
- Authority
- East Hertfordshire District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Williams K
Main issues, as the Inspector framed them
- whether the proposal would comply with local and national planning policy which seeks to steer new development away from areas at the highest risk of flooding
- whether the proposal is in a suitable location having particular regard to the accessibility of the site
- whether appropriate measures to mitigate against climate change are proposed
What decided it
The proposal fails to apply the Sequential Test and does not demonstrate that reasonably available sites with lower probability of flooding have been considered, contrary to Policies WAT1 and WAT5 and Framework paragraphs 170 and 173-179.
The failure to adequately address flood risk and conflict with development plan and national policy on flood risk, to which significant weight is attached, outweighs the neutral matters and limited benefits of the proposal; the tilted balance at paragraph 11d)ii does not apply due to strong reasons for refusal relating to flood risk.
Framework references: 11, 110, 170, 173, 174, 175, 176, 177, 178, 179
Plan policies cited: Policy WAT1, Policy WAT5, Policy DPS2, Policy TRA1, Policy CC1, Policy CC2
Judgments cited: Holborn Studios Ltd v The Council of the London Borough of Hackney (2018); Bernard Wheatcroft v Secretary of State for the Environment (1982)
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.