The Planning Inspectorate decided that the benefits of a 220-dwelling housing scheme in the East of England outweighed the harm to the green belt, due to a substantial shortfall in the supply of housing.
In the planning appeal (Ref: APP/N1920/W/24/3346928), the inspector overturned the decision of Hertsmere Borough Council to refuse an outline planning permission for the development which comprised up to 220 dwellings, including 50% affordable housing, self-build/custom-build plots, green infrastructure (including public open space, play area, landscape planting and sustainable drainage systems), ecological enhancements to Woodcock Hill Village Green, new multi-modal vehicular access from Furzehill Road, emergency, pedestrian and cycle access from Carrington Avenue, and associated works and development.
Hertsmere Borough Council refused the application, primarily because the proposed development was deemed inappropriate for the green belt. It argued that the development would harm the openness and character of the green belt and conflict with local planning policies aimed at preserving these areas. Additionally, concerns were raised about the impact on the landscape and the character and appearance of the surrounding area.
The inspector decided to allow the appeal because the benefits of the proposed development significantly outweighed the harm to the green belt.
One of the main considerations was the council’s substantial shortfall in the supply of housing, as it could only demonstrate a housing land supply of 1.36 years. The inspector considered that the development would provide up to 220 dwellings, including 50% affordable housing, which was crucial given this shortfall. Importantly, the inspector noted that the emerging local plan, which proposed the appeal site as a housing allocation, was at an early stage and had only very limited weight. However, the evidence base supporting the plan, which included assessments of potential green belt releases, was considered to carry appreciable weight. According to the inspector, the plan-making process in Hertsmere had stalled, and significant green belt releases would be necessary to meet housing needs, making the appeal site’s allocation in the emerging plan a relevant consideration.
Other matters taken into consideration were that the scheme included self-build/custom-build plots, economic benefits, a 10% biodiversity net gain and ecological enhancements to Woodcock Hill Village Green. The inspector also took into consideration that planning obligations and conditions would ensure the delivery of the benefits and mitigate potential harms, making the proposal acceptable in planning terms.
Despite acknowledging the harm to the green belt, the inspector concluded that, for the reasons above, the “very special circumstances” required to justify development in the green belt were demonstrated.
This decision emphasises the importance of heavy shortfalls in the housing supply when dealing with development in the green belt.
Stefano D’Ambrosio is a solicitor in the planning and environmental team at Irwin Mitchell
