Land that traverses the boundary between St Albans City and District Council and Welwyn Hatfield Borough Council has been granted permission under ‘very special circumstances’ in the Green Belt for 100 homes.
The scheme was proposed on agricultural land on the edge of a large village. The council refused the scheme holding it represented inappropriate development within the Green Belt.
Both authorities' adopted plans were significantly out of date, with St Albans' dating back from 1994 and Welwyn Hatfield’s from 2005. Both authorities were also unable to demonstrate a 5-year housing land supply. With this in mind, the Inspector was to decide whether the issues of both the desperate need for housing and the outdated Local Plans could meet the very special circumstances test and whether the benefits of this new housing scheme would outweigh the impacts to the Green Belt.
At the appeal, the Inspector first looked at the impact on urban regeneration, encroachment of the countryside and openness. It was concluded that a considerable reduction in openness would be caused, carrying substantial weight against the development in the planning balance. Despite this, the Inspector felt the purpose of the Green Belt in this location was to remain and there would be limited encroachment. There was no evidence to suggest development of this site would disincentivise regeneration of sites elsewhere.
Disagreeing with the Council, the Inspector found the proposal would not harm the setting of a nearby Grade II listed building and the location of the site was suitable for access to facilities and services for future residents.
As the 2015 Ministerial Statement—which indicated unmet housing need alone was unlikely to outweigh the harm to the Green Belt—was not incorporated into the NPPF or the PPG, this was afforded very little weight. She did however, note the significant shortfall of housing land supply of around 2.5 years and recognised the delivery of 10 self-builds and 45 affordable homes the scheme would positively contribute to both Council areas. With both areas persistently underdelivering on affordable housing by 4000 dwellings, the Inspector made the critical decision to attach substantial weight to this.
Overall, it was concluded that very special circumstances were demonstrated from the housing benefits the scheme proposed and outweighed harm to Green Belt openness and the area’s character and appearance; releasing the area of Green Belt for housing would be more beneficial to the Local Authority in meeting their housing need and thus the appeal was allowed.