12 Aug 2023
A bid to build a residential development to the rear of a former Indian restaurant has failed at appeal.
KFH Property Ltd proposed a change of use for the disused Cherry Trees Indian restaurant in Lower Luton Road, Wheathampstead, to a veterinary practice.
But it also called for outline planning permission for the construction of nine shared ownership dwellings comprising three detached three-bedroom chalet bungalows, two three-bedroom end of terrace houses and four two-bedroom terrace houses on land behind the main building previously used as a garden area and car park.
Planning inspector Rachael Bartlett noted that no objections had been raised in respect of the change of use, or to the proposed means of access to the residential development, and her decision focused primarily upon the principle of a new affordable housing development on the rear part of the appeal site.
She cited how there was no mechanism in place to ensure the properties remained affordable in perpetuity, for example any binding legal agreement.
“In the absence of such an agreement the proposal would constitute inappropriate development in the Green Belt, which would be harmful by definition and I must afford this substantial weight.
“The benefits put forward, that could be achieved without an agreement, would not outweigh that harm and consequently, the very special circumstances necessary to justify the development do not exist.”
CPRE Herts had previously objected to the plans.
The charity’s planning manager Chris Berry said: “Previously CPRE Hertfordshire has objected to various proposals for development on this Green Belt site and our previous concerns related mainly to the impact of the proposed development on the openness of the Green Belt.
“These concerns remain and we have supported the council in its previous refusals. We are also aware of the planning permission granted in January 2021 which in our view constitutes reasonable infill on Lower Luton Road.
“This should enable the improvement of the remainder of the site which we believe should remain open land as part of well-established Green Belt.
“With regard to this application we note that applicant’s agent, in the supporting statement makes great play of the appeal decision at Colney Heath with regard to lack of affordable housing in St Albans. This does not however provide a precedent for development on the Green Belt as every application is determined on the specific circumstances pertaining to each case, and ‘very special circumstances’ need to be demonstrated each time.
“Our concerns therefore remain with the issues of openness and the character of the site, and also the provision of ‘affordable’ housing. No indication is provided of a potential provider of such housing and this gives rise to the possibility of a re-submission if such a provider is not party to a planning agreement. There is considerable local feeling with regard to many aspects of this proposal as expressed by consultees and others. We welcome local concerns regarding the maintenance of the Green Belt and the character of the open countryside and the inappropriate extension of built-up areas.”
Neighbouring residents were opposed to the over-development of the Green Belt site, also highlighting its dangerous access onto the Lower Luton Road and the close proximity of another vet in Castle Rise.
