Appeal 6001316

The appeal is allowed and planning permission is granted for the construction of two new semi-detached dwellings at [site address] , Lemsford, [site address] , [postcode] , in accordance with the terms of the application, reference 6/2025/1228/FULL, dated 16 June 2025, subject to the conditions in the attached schedule.

The main issues are: • whether the development would be inappropriate development in the Green Belt having regard to any relevant development plan policies and the National Planning Policy Framework (the Framework); and • the effect of the proposed development on the character and appearance of the area, including the Lemsford Conservation Area (CA).

The Framework identifies that the fundamental aim of Green Belt policy is to prevent urban sprawl by keeping land permanently open. It further states that the construction of buildings in the Green Belt should be regarded as inappropriate, subject to exceptions set out in paragraph 154. These include “limited infilling in villages”, which applies regardless of the effect on either the openness of the Green Belt or the purposes of including land within it.

A further exception at paragraph 155 requires that non-major development be on grey belt land, not fundamentally undermine the purposes (taken together) of the remaining Green Belt across the area of the plan, be of a type for which the there is an unmet need and be in a sustainable location.

Policy SADM 34 ‘Development within the Green Belt’ of the Welwyn Hatfield Borough Council Local Plan 2016-2036 (October 2023) (WHLP) requires infill development to be within a continuous built up frontage, not extend the village into the open countryside; not result in the loss of a view or vista which makes a significant contribution to the character of the settlement; and be small scale and not result in the provision of more than four dwellings (net).

The site is an undeveloped plot between a house and an archery clubhouse within the village of Lemsford and the proposal is limited in scale. The main parties agree that it therefore comprises limited infilling in a village and meets both the exception at paragraph 154 e) of the Framework and the criteria in WHLP Policy SADM 34. I have no reason to disagree with their assessments in this regard, and I therefore conclude that the proposal is not inappropriate development.

Whilst the Council considers that the site is not grey belt because the application of policies relating to the [name] provide a strong reason for refusing or restricting development, I deal with this and unmet need later. I have also found that the proposal would be infill and so not fundamentally undermine the purposes of remaining Green Belt. The village has a limited bus service and stops in walking distance offer a fuller service, so that the location is sustainable.

For this and the reason above, I conclude that the proposal is not inappropriate development and the effect on openness need not be considered.

The site frontage is of similar width to that of nos. 42 and 44, a semi-detached pair sited lower and to the right as seen from the street. This pair and a house opposite are non-designated heritage assets of similar style, with cottage eaves and facing gables. Another house opposite has a similar roof pitch but different proportions, materials and fenestration. On the same side, but higher and to the left is a single storey green-painted corrugated metal clubhouse with dual pitched roof.

The site is within the [name], the character or appearance of which I am required by section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 to pay special attention to the desirability of preserving or enhancing. The significance of the CA lies in its origins around a 12th century watermill on the [name], the current mill being a rare, nearly intact nineteenth-century survival.

The CA contains detached vernacular houses and older semi-detached cottages around the river bridge and extends up a quite steep hill to encompass the church, school and [address]. The hill is lined with trees and hedgerows, and the part near the site is also cut in with embankments. The Grade II listed Brocket Hall Park and Garden adjoin the CA and the site at its rear boundary.

The proposal would introduce a pair of two-storey semi-detached houses of similar style, roof pitch, cottage eaves and fenestration to nos. 42 and 44, albeit lacking their symmetry and some of their simplicity. Each house would be cut into the hill and stepped back from the street, and the nearest would present eaves to the lower neighbour, reducing actual and apparent height. The articulation read from the street would reflect this and aid the relationship with nos. 42 and 44.

Hardstanding in front of the building would be hard to see from the street. Native hedge and shrub would be planted along the boundary, further softening this and the proposed shared access, and reflecting the character of this section of the hill. Whilst estate railings are not characteristic of the area, the planting would quickly grow around them, and the side rooflights would be of a low-profile conservation specification, reducing their impact. A footway extension would be more visible but small, like that in front of nos. 42 and 44, and offer accessibility benefits.

Views from elsewhere within the CA or the grounds of the listed building are restricted by woodland or topography, and functional or historic links with the site are limited. The parties agree that there would be less than substantial harm to the CA, due largely to the reduction in rural character. [name] attach considerable importance and weight to this, the scale of the impact would be small.

There is only 2.3 years’ supply of housing land in the borough, so the benefits of two dwellings carry moderate weight, greater than might otherwise be the case, and would assist in meeting the Government’s objective of significantly boosting the supply of homes set out at paragraph 61 of the Framework.

Increases in activity in the construction sector and in population patronising local shops and businesses, whilst small in scale, would also be public benefits that, together with the dwellings, outweigh the limited and less than substantial harm to the CA, therefore complying with paragraph 215 of the Framework.

Overall, the proposal would have an acceptable effect on the character and appearance of the area, including the [name]. It would therefore comply with Policies SP1, SP9, SADM15 and SADM16 of the Welwyn Hatfield Borough Local Plan, which seek to protect the heritage assets and landscape of the Borough and deliver high quality design through appropriate analysis.

The Council suggests conditions in relation to approved drawings, biodiversity, landscape, levels, trees, materials, access, construction management, electric vehicle charging points (EVCPs), air source heat pumps (ASHPs), obscure glazing, contaminated land and restricting permitted development.

I have merged several conditions requiring compliance with documents into the condition listing the approved drawings, and adapted conditions in relation to biodiversity to reflect the fact that permission is now deemed to be granted subject to a condition requiring the submission and approval of a biodiversity gain plan and to ensure management of the amenity area to the rear of the site.

I have also amended the landscape condition, as the arboricultural report already sets out retained trees, simplified the contaminated land conditions to reflect the identified risk, and omitted conditions requiring details of the access and ASHPs, as these would be approved under highways legislation or are already agreed. I have merged conditions requiring hard surface and EVCP details.

I have omitted a condition removing the permitted development rights in [name], AA, B and E of Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015, since Class AA does not apply to dwellinghouses constructed after 28 October 2018 and [name], B and E are already adequately restricted in conservation areas.

The shortage of housing land in the borough means that paragraph 11 d) of the Framework is engaged. The Council considers that the application of policies in the Framework to protect areas or assets of particular importance, specifically the [name], but not Green Belt, provides a strong reason for refusing.

However, I have found that the harm to the [name] and other heritage assets would be limited and so would not provide such a reason. Thus, the presumption in favour of sustainable development applies in this case.

I have also found that the proposal would have an acceptable effect on the character and appearance of the area and that the public benefits would outweigh the less than substantial harm to the CA.

Consequently, the proposal complies with the development plan as a whole and the Framework, and the appeal should therefore be allowed.

The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

The development hereby permitted shall be carried out in accordance with the following approved drawings and documents: • Location Plan no. 532/P/01 • Site Plan Proposed no. W401–1 • [name] no. W402–2 • Axonometric Projection Plan no. W403–3 • [name] no. W404–4 • Front, [name] & Section no. W405–5 • Rear, [name] & Roof Plan (inc. [name]) no. W406–6 • Existing Site Plan and [name] no. 0320-7-851 • Site Access plan no. 19414-LEMS-5-100 • Large Car Tracking Plan no. 19414-LEMS-5-101 • Levels and [name] no. 19414-LEMS-5-104 • Construction Management Plan no. 532/CMP/01 • [name] revision A.0.1 (June 2025) • [name] (June 2025) • Ecological Impact Assessment (July 2025) • [name] and [name] (June 2025) • [name]-WM60VAA [name]

The approved Biodiversity Gain Plan (BGP) shall not be implemented until a [name] and Monitoring Plan (HMMP) for on-site measures, including the amenity area at the rear of the site, has been submitted to and approved in writing by the Council. This shall accord with the approved BGP and include a) the roles and responsibilities of those delivering it, b) management measures to maintain habitat and c) monitoring methodology and frequency. Written notice shall be given to the Council when the on-site measures have been implemented. The measures shall thereafter be managed and maintained, and monitoring reports submitted in writing to the Council, in accordance with the approved HMMP.

No development shall commence until landscape details have been submitted to and approved in writing by the Local Planning Authority. The development shall not be carried out other than in accordance with the approved details, which shall include: (a) hard surface and boundary treatments; (b) planting plans and (c) original and proposed levels. The approved details must be carried out in the first planting and seeding seasons following the completion of the development. Any plants which within a period of five years from planting die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of similar size and species. All landscape works must be carried out in accordance with the guidance contained in [name] 8545:2014.

No development above ground level shall take place until samples of the materials to be used in the construction of the external surfaces of the building hereby permitted, and the specification of electric vehicle charging points, have been submitted to and approved in writing by the Local Planning Authority. The development shall be implemented using the approved materials and specification, which shall not subsequently be changed.

Any upper floor windows located in a wall or roof slope forming a side elevation of the buildings hereby approved must be obscure-glazed to a level equivalent to [name] 3 or above and non-opening unless the parts of the window which can be opened are more than 1.7 metres above the floor of the room in which the window is installed, and shall be retained in that form thereafter. Obscure glazing does not include applied film or one-way glass.

In the event that unexpected contamination is found at any time when carrying out the approved development, it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken and where remediation is necessary a remediation scheme must be prepared, which is subject to the approval in writing of the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority. [SCHEDULE ENDS]