Case 3320814

Jesmond Cottage, 2 Cross Road, Epping Green, Hertfordshire, SG13 8NG

East Hertfordshire District Council — appeal allowed

Outcome
Allowed
Decision date
17 November 2023
Authority
East Hertfordshire District Council
Inspector
Carpenter C
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Mr Frank Banner
LPA reference
3/22/1309/FUL
ONS LPA code
E07000242
Jurisdiction
Transferred
Link status
Not Linked
Start date
25 July 2023

Summary AI

The appeal was allowed due to the proposal's suitability in terms of local services and facilities. The inspector considered the development plan, policies, and material considerations, finding no conflict with policies DPS2, VILL3, and TRA1 of the EHDS.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 Appeal Decision

Jesmond Cottage, 2 Cross Road, Epping Green, Hertfordshire, SG13 8NG — East Hertfordshire District Council — Appeal Decision Site visit made on 31 October 2023 by C Carpenter BA MA MRTPI an Inspector appointed by the Secretary of State Decision date: 17 November 2023 Appeal Ref: APP/J1915/W/23/3320814 Jesmond Cottage, 2 Cross Road, Epping Green, Hertfordshire SG13 8NG • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Mr Frank Banner against the decision of East Hertfordshire District Council. • The application Ref 3/22/1309/FUL, dated 21 June 2022, was refused by notice dated 4 January 2023. • The development proposed is described as “Full Planning Permission for the conversion of existing stable building to provide a new single residential unit and associated parking and amenity space”. Decision 1. The appeal is allowed and planning permission is granted for conversion of stable building to provide a single residential unit and associated parking and amenity space at Jesmond Cottage, 2 Cross Road, Epping Green, Hertfordshire SG13 8NG in accordance with the terms of the application, Ref 3/22/1309/FUL, dated 21 June 2022, and the plans submitted with it, subject to the conditions in the schedule at the end of this decision.

Page 1 · Chunk 1 Appeal Decision

Jesmond Cottage, 2 Cross Road, Epping Green, Hertfordshire, SG13 8NG — East Hertfordshire District Council — Appeal Decision Preliminary Matters 2. I have amended the description in my decision above for clarity and to remove words not describing acts of development. Main Issue 3. Whether the proposed development would be in a suitable location in respect to local services and facilities. Reasons 4. The appeal site comprises a stable building within the grounds of Jesmond Cottage, a dwelling in the small rural village of Epping Green. 5. Policy DPS2 of the East Herts District Plan 2018 (EHDS) establishes a hierarchy for the location of new housing in the District. At the bottom of this hierarchy is limited development in the villages. Epping Green is not identified in the EHDS as a ‘Group1’ or ‘Group 2 Village’, so is considered a ‘Group 3 Village’. This category of village is described in the EHDS as having a poor range of services and facilities, such that it is often necessary for residents to travel outside the village for most of their daily needs. 6. The EHDS’s overall development strategy prioritises Group 1 Villages for additional housing over villages in Groups 2 or 3. Nevertheless, the reference to “the villages” within the hierarchy in Policy DPS2 does not preclude https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Jesmond Cottage, 2 Cross Road, Epping Green, Hertfordshire, SG13 8NG — East Hertfordshire District Council — Appeal Decision Appeal Decision APP/J1915/W/23/3320814 development in Group 3 Villages. Policy VILL3 of the EHDS supports limited infill development identified in an adopted Neighbourhood Plan within Group 3 Villages. In addition, part III of the policy sets out criteria to be met by all development in Group 3 villages, such as location, connectivity and scale in relation to the village. 7. I understand Epping Green does not fall within an area covered by an adopted Neighbourhood Plan. However, the proposal is for conversion of an existing building rather than the infilling of a gap in development. The building is near other dwellings in Epping Green so the new home would not be isolated. The Council has not suggested the proposal would fail any of the criteria under part III of Policy VILL3. On the evidence before me, I see no reason to disagree. Therefore, on balance, I find the proposal would not conflict with Policy VILL3 of the EHDS. 8. Policy TRA1 of the EHDS requires development proposals to be primarily located in places which enable sustainable journeys to be made to key services and facilities, prioritising modes of transport other than the car where feasible. 9.

Page 2 · Chunk 3 Appeal Decision

Jesmond Cottage, 2 Cross Road, Epping Green, Hertfordshire, SG13 8NG — East Hertfordshire District Council — Appeal Decision Epping Green has few services and facilities so the proposal would be likely to generate some additional car use. Nonetheless, the larger village of Little Berkhamsted is close enough to be within easy walking or cycling distance, particularly during daylight hours. Epping Green is also served by two bus routes to larger settlements, with onward connections by bus and train. Another mainline railway station is a short drive away. Therefore, the proposed dwelling would have reasonable access to local services and facilities, with a choice of transport modes comparable to that found in some other rural areas. Overall, future occupants’ use of services and facilities in nearby settlements would support the vitality of the wider rural community, which would outweigh the limited harm from a modest increase in car use. 10. For the above reasons, I conclude the proposed development would be in a suitable location in respect to local services and facilities. Accordingly, I find no conflict with Policies DPS2, VILL3 and TRA1 of the EHDS. I also find no conflict with Policy INT1 of the EHDS, which sets out the principle of sustainable development.

Page 2 · Chunk 4 Appeal Decision

Jesmond Cottage, 2 Cross Road, Epping Green, Hertfordshire, SG13 8NG — East Hertfordshire District Council — Appeal Decision I also find no conflict with the National Planning Policy Framework (the Framework) where it supports housing in rural areas that will enhance or maintain the vitality of rural communities; acknowledges that development in one village may support services in a village nearby; and seeks a genuine choice of transport modes bearing in mind the opportunities to maximise this in rural areas. Other Matters 11. I note the recent decisions relating to use of the appeal site as a residential annexe to Jesmond Cottage. However, I have considered the appeal proposal on its merits. Conditions 12. I have considered the conditions put forward by the Council and have amended the wording where necessary in the interests of clarity and simplicity. In addition to the standard time limit condition, I have imposed a condition requiring that the development is carried out in accordance with the approved plans. This is in the interest of certainty. https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 5 Appeal Decision

Jesmond Cottage, 2 Cross Road, Epping Green, Hertfordshire, SG13 8NG — East Hertfordshire District Council — Appeal Decision Appeal Decision APP/J1915/W/23/3320814 13. Conditions 3 and 4 in the schedule below are necessary to protect retained trees and hedges during construction and secure appropriate replacements if they die. Condition 5 is necessary to minimise the use of mains water in the new dwelling in accordance with Policy WAT4 of the EHDS. Condition 6 is necessary to mitigate harm to air quality from the development in accordance with Policy EQ4 of the EHDS. Condition 7 is necessary to safeguard the character and appearance of the appeal site and surrounding area. Conclusion 14. I have found the proposal accords with the development plan, read as a whole. Material considerations, including the Framework, do not indicate that a decision should be taken otherwise than in accordance with it. I therefore conclude the appeal should be allowed.

Page 3 · Chunk 6 C Carpenter

Jesmond Cottage, 2 Cross Road, Epping Green, Hertfordshire, SG13 8NG — East Hertfordshire District Council — C Carpenter INSPECTOR Schedule of conditions: 1) The development hereby permitted shall begin not later than 3 years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with the following approved plans: SP01-JC2CR/A Site Plan; EX01-JC2CR/A Existing Layout; PROP01-JC2CR/B Proposed Layouts; VAP01-JC2CR/C Vehicle Access Plan. 3) All retained trees and hedges shall be protected from damage during construction in accordance with British Standard BS5837, including by strong fencing, the location and type to be previously approved in writing by the local planning authority. The fencing shall be erected in accordance with the approved details and shall be maintained during the course of works on site. Nothing shall be stored or placed within any fenced area. There shall be no unauthorised access within any fenced area. In this condition "retained tree" and “retained hedge” mean an existing tree or hedge which is to be retained in accordance with the approved plans and particulars.

Page 3 · Chunk 7 C Carpenter

Jesmond Cottage, 2 Cross Road, Epping Green, Hertfordshire, SG13 8NG — East Hertfordshire District Council — C Carpenter 4) If any retained tree or hedge is cut down, uprooted or destroyed or dies within five years of completion of the development another tree or hedge shall be planted at the same place and that tree or hedge shall be of such size and species and shall be planted at such time as may be specified in writing by the local planning authority. In this condition "retained tree" and “retained hedge” mean an existing tree or hedge which is to be retained in accordance with the approved plans and particulars. 5) The dwelling hereby permitted shall achieve a maximum mains water consumption target of 110 litres per head per day. https://www.gov.uk/planning-inspectorate 3

Page 3 · Chunk 8 C Carpenter

Jesmond Cottage, 2 Cross Road, Epping Green, Hertfordshire, SG13 8NG — East Hertfordshire District Council — C Carpenter 4) If any retained tree or hedge is cut down, uprooted or destroyed or dies within five years of completion of the development another tree or hedge shall be planted at the same place and that tree or hedge shall be of such size and species and shall be planted at such time as may be specified in writing by the local planning authority. In this condition "retained tree" and “retained hedge” mean an existing tree or hedge which is to be retained in accordance with the approved plans and particulars. 5) The dwelling hereby permitted shall achieve a maximum mains water consumption target of 110 litres per head per day. https://www.gov.uk/planning-inspectorate 3

Page 4 · Chunk 9 C Carpenter

Jesmond Cottage, 2 Cross Road, Epping Green, Hertfordshire, SG13 8NG — East Hertfordshire District Council — C Carpenter Appeal Decision APP/J1915/W/23/3320814 6) The dwelling hereby permitted shall not be occupied until details of one electric vehicle charging point have been submitted to and approved in writing by the local planning authority. The approved charging point shall be provided prior to first occupation and shall be retained thereafter. 7) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015, no works or development as described in Schedule 2, Part 1, Class E or Schedule 2, Part 2, Class A of the Order shall be undertaken other than those expressly authorised by this permission. https://www.gov.uk/planning-inspectorate 4

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Living conditions
Against appellant
¶10

The proposal would have reasonable access to local services and facilities, with a choice of transport modes comparable to that found in some other rural areas.

Flood risk
Neutral
¶null

Not mentioned in the decision letter.

Heritage impact
Neutral
¶null

Not mentioned in the decision letter.

Parking
Neutral
¶null

Not mentioned in the decision letter.

Green belt
Neutral
¶null

Not mentioned in the decision letter.

Housing land supply
Neutral
¶null

Not mentioned in the decision letter.

Flood risk
Neutral
¶null

Not mentioned in the decision letter.

Ecology and biodiversity
Neutral
¶null

Not mentioned in the decision letter.

Trees and landscape
Against appellant
¶11

The inspector noted recent decisions relating to the use of the appeal site as a residential annexe to Jesmond Cottage.

Planning obligations
Against appellant
¶12

The inspector considered the conditions put forward by the Council and amended the wording where necessary in the interests of clarity and simplicity.

Conditions
Against appellant
¶12

The inspector imposed conditions to protect retained trees and hedges during construction and secure appropriate replacements if they die.

External appearance
Against appellant
¶13

The inspector considered the character and appearance of the appeal site and surrounding area.

Other
Neutral
¶null

The proposal was found to accords with the development plan, read as a whole.

Policies relied on

Reference Weight
EHDS DPS2
Limited
EHDS VILL3
Substantial
EHDS TRA1
Moderate
EHDS INT1
Determinative
NPPF
Substantial

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 4 pages, issued by the Planning Inspectorate on 17 November 2023 under the Open Government Licence.