Former Wagon & Horses Site, London Road, Flamstead, ST. ALBANS, AL3 8HG

Former Wagon & Horses Site, London Road, Flamstead, ST. ALBANS, AL3 8HG — Dacorum Borough Council — by Andrew Owen MA BA(Hons) MRTPI an Inspector appointed by the Secretary of State Decision date: 07 March 2022

Former Wagon & Horses Site, London Road, Flamstead, ST. ALBANS, AL3 8HG — Dacorum Borough Council — Former Wagon & Horses Site, London Road, Flamstead AL3 8HG • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission under section 73 of the Town and Country Planning Act 1990 for the development of land without complying with conditions subject to which a previous planning permission was granted. • The appeal is made by Mr John McGonagle of Castle Kelly Utilities Ltd against the decision of Dacorum Borough Council. • The application Ref 21/01366/ROC, dated 31 March 2021, was refused by notice dated 26 May 2021. • The application sought planning permission for change of use of former public house site to Use Class E business without complying with a condition attached to planning permission Ref 21/00202/FUL, dated 28 March 2021. • The condition in dispute is No. 3 which states that: “Notwithstanding the details shown on drawing CK PA 04 A, the hardstanding shall be used only for parking associated with the office use hereby approved. No plant, machinery, commercial equipment or commercial vehicles shall be kept or stored on the site whether on a temporary or permanent basis.

Former Wagon & Horses Site, London Road, Flamstead, ST. ALBANS, AL3 8HG — Dacorum Borough Council — Former Wagon & Horses Site, London Road, Flamstead AL3 8HG There shall be no overnight parking on the site.” • The reason given for the condition is: “In order to ensure that the openness of the Green Belt is preserved, in accordance with Policy CS5 of the Dacorum Core Strategy (2013) and paragraph 146 of the NPPF (2019).”

Former Wagon & Horses Site, London Road, Flamstead, ST. ALBANS, AL3 8HG — Dacorum Borough Council — policies. https://www.gov.uk/planning-inspectorate

Former Wagon & Horses Site, London Road, Flamstead, ST. ALBANS, AL3 8HG — Dacorum Borough Council — policies. https://www.gov.uk/planning-inspectorate Appeal Decision APP/A1910/W/21/3281296 Reasons 4. Paragraph 150 of the Framework states that a material change in the use of land is not inappropriate in the Green Belt providing it preserves its openness and does not conflict with the purpose of including land within it. Policy CS5 of the Dacorum Core Strategy is consistent with this. As the change of use of the land to a Class E use has already been granted, it is only the effect of removing condition 3 that needs to be considered in terms of the Framework and policy CS5. 5. The site accommodates a two-storey building in its south east corner which acts as the offices for the appellant’s business, which is installing and maintaining utility infrastructure. The vast majority of the site is open and hardsurfaced. 6. I visited the site twice on the same day; once mid-afternoon and once in the evening. On both occasions there were only handful of flat bed trucks on the site and a few small diggers, which were of a size such that they could be transported on the backs of the trucks. Also, during the afternoon there were a few cars.

Former Wagon & Horses Site, London Road, Flamstead, ST. ALBANS, AL3 8HG — Dacorum Borough Council — policies. There were also a number of traffic signs and barriers, such as might be placed around an excavation of a road or pavement, stored at the rear of the site. 7. Clearly were the office in use by a business which had no commercial vehicles and had no associated plant or equipment, then it is possible that the whole of the hardstanding area would be occupied by cars. Indeed that is allowed for in condition 3. Furthermore, from the plans, it appears that when in use as a pub, much of the site was covered in asphalt and so would most likely have used for customer car parking. As a result, the principle of the parking of vehicles across much of this large open part of the site has been established. 8. The trucks used by the appellant are visibly larger vehicles than cars. However there are few of them, and so their additional impact on the openness of the Green Belt is limited. Likewise the storage of a few diggers and other highway equipment has a very minimal effect on openness. I recognise there would most likely always be plant, equipment or commercial vehicles on the site including overnight, and in this respect the development differs to office parking or pub customer parking.

Former Wagon & Horses Site, London Road, Flamstead, ST. ALBANS, AL3 8HG — Dacorum Borough Council — policies. Nonetheless, the limited number of trucks, plant and equipment and the fact that all these items are not built form and are moveable, leads me to consider that their impact on the openness of the Green Belt is limited. 9. Overall the effect of the site being used to accommodate some commercial vehicles, plant and equipment as opposed to car parking is limited. I consider the development preserves the openness of the Green Belt and does not conflict with any of the five purposes of the Green Belt set out in paragraph 138 of the Framework. As such it is not inappropriate development and so accords with policy CS5 and the Framework as set out above. Consequently, condition 3 is unnecessary. Other Matters 10. The Council suggest the fencing along the front of the site, in combination with the storage of plant and vehicles, harms the openness of the Green Belt. The https://www.gov.uk/planning-inspectorate 2

Former Wagon & Horses Site, London Road, Flamstead, ST. ALBANS, AL3 8HG — Dacorum Borough Council — policies. Appeal Decision APP/A1910/W/21/3281296 fencing however is not part of the development and so I have not taken it into account. Conditions 11. By allowing this appeal a new planning permission is created. The national Planning Practice Guidance advises that, for clarity, decision notices for the grant of planning permission under section 73 should restate the conditions imposed on earlier permissions that continue to have effect, unless they have already been discharged. 12. As the development has already started it is unnecessary for me to attach the commencement of development condition. As the only other condition on the original consent to be restated relates to the approved plans, I have simply phrased the decision so that it includes refence to those plans. Conclusion 13. The development accords with the development plan taken as a whole. Therefore, for the reasons given above, and taking account of all other considerations, the appeal is allowed.

Former Wagon & Horses Site, London Road, Flamstead, ST. ALBANS, AL3 8HG — Dacorum Borough Council — Andrew Owen INSPECTOR https://www.gov.uk/planning-inspectorate 3