Planning appeal decision
2 Astonbury Lane, Aston, Hertfordshire, SG2 7EG
- Authority
- East Hertfordshire District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Hearing
- Development
- residential · Minor Dwellings
- Inspector
- Bowden N
Main issues, as the Inspector framed them
- Whether the condition is necessary in order to limit the occupancy of the dwelling to an agricultural or forestry workers dwelling, having regard to: 1) whether there is a need for the dwelling to be retained as accommodation for an agricultural or forestry worker, and 2) in the event that there is a need, whether any other considerations indicate that permission should be granted, including accordance with current development plan policy on development in villages, and whether the 2009 permission has overridden the effects of condition 10 of the 2005 permission
What decided it
The appellant failed to demonstrate the exceptional circumstances required by policy HOU5 IV of the EHDP to justify removal of the agricultural occupancy condition.
The other considerations raised (settlement boundary change, a hypothetical fallback dwelling, and the 2009 permission) were of insufficient weight to outweigh the conflict with policy HOU5, so the condition was retained and the appeal dismissed.
Framework references: 57, 154, 155, 110, 115
Plan policies cited: Policy HOU5, Policy RA5, Policy DPS2, Policy GBR1, Policy VILL2
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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