Planning appeal decision
The Bell, 4, Town Lane, Benington, Hertfordshire, SG2 7LA
change of use of a public house (sui generis) to a single dwellinghouse (C3)
- Authority
- East Hertfordshire District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Hearing
- Development
- residential · Change of use
- Inspector
- Bowyer J
Main issues, as the Inspector framed them
- whether or not the proposal would result in an unacceptable loss of a community facility (Appeal A only)
- the effect of the proposal on the special interest and significance of the Grade II* listed building, 'The Bell Public House' (Appeals A and B)
- the effect of the proposal on the character and appearance of the Benington Conservation Area (Appeals A and B)
What decided it
The cumulative harm from the unacceptable loss of a community facility and the less than substantial harm to the listed building and conservation area outweighed the limited public benefits of the proposal.
The limited public benefits of the proposal (housing contribution, economic/social benefits, potential landscaping enhancement) were insufficient to outweigh the less than substantial harm to the listed building and conservation area or the unacceptable loss of a community facility, so the balance tipped against the proposal.
Framework references: 11
Plan policies cited: Policy CFLR8, Policy HA1, Policy HA4, Policy HA7
Judgments cited: R (Cherkley Campaign Ltd) v Mole Valley DC [2014] EWCA Civ 567; R (Coulthard and another) v Secretary of State for the Environment, Food and Rural Affairs [2025] EWCA Civ 1671
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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