®Planning appeal decision
2 Astonbury Lane, Aston, Hertfordshire, SG2 7EG
Planning appeal 3367102 at 2 Astonbury Lane, Aston, Hertfordshire, SG2 7EG (East Hertfordshire District Council) was dismissed on 21 November 2025 by Inspector Bowden N, following a hearing. The main issue, as the Inspector framed it: 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.
Erection of a dwelling without complying with condition 10 (agricultural/forestry occupancy restriction) attached to planning permission Ref 3/05/0417/FP
- Authority
- East Hertfordshire District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Hearing
- Development
- residential · Minor Dwellings
- Inspector
- Bowden N
- Postcode
- SG2 7EG
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.
What the Inspector cited
- Development plan policies
- Policy HOU5Policy RA5Policy DPS2Policy GBR1Policy VILL2
- National Planning Policy Framework
- Paragraph 57Paragraph 154Paragraph 155Paragraph 110Paragraph 115
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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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.