Planning appeal decision
Greymantle, Hempstead Road, Bovingdon, HP3 0HF
Planning appeal 6011849 at Greymantle, Hempstead Road, Bovingdon, HP3 0HF (Dacorum) was decided (invalid) on 16 October 2026, by written representations. The main issue, as the Inspector framed it: Appeal A: whether an application under section 73 may be used to vary a condition where the development implemented on the ground is fundamentally different to that for which the original permission was granted.
demolition of garage, side extension and loft conversion without complying with a condition attached to planning permission Ref 22/00882/FHA, dated 15 February 2023
- Authority
- Dacorum
- Appeal type
- Planning
- Procedure
- Written
- Development
- residential
- Postcode
- HP3 0HF
Main issues, as the Inspector framed them
- Appeal A: whether an application under section 73 may be used to vary a condition where the development implemented on the ground is fundamentally different to that for which the original permission was granted
- Appeal B: whether an application under section 73 may be used to vary conditions where the proposed variation seeks to place cycle parking within detached garages that do not have planning permission and were not included in the description of development
What decided it
Both appeals conflict with the principles established by case law (Finney) that section 73 applications cannot be used to vary conditions where the development implemented or proposed would require variation to the operative part of the original planning permission.
What the Inspector cited
- Development plan policies
- Policy CS8 of the Dacorum Borough Core Strategy (2013)
- National Planning Policy Framework
- Paragraph 111
- Judgments
- John Leslie Finney v Welsh Ministers & Carmarthenshire County Council; Energiekontor (Uk) Limited and Fiske v Test Valley BC & Woodington Solar Limited
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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More decisions in Dacorum
The authority’s record since 2016 · every decision in 2026
- Dismissed26 October 20266003892Bulbourne Wood, New Road, Northchurch, Berkhamsted, HP4 1LN
- Invalid20 October 20266011032Greymantle, Hempstead Road, Bovingdon, HP3 0HF
- Allowed15 October 20266012966126 Bennetts End Road, Hemel Hempstead, HP3 8DZ
- Allowed14 October 20266006896Apsley Depot, Ebberns Road, Apsley, HP3 9RE
- Allowed12 October 2026601319645 Watford Road, Kings Langley, WD4 8DY
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.
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