Case 3354867

303 Ware Road, Hailey, HERTFORD, SG13 7PG

Broxbourne Borough Council — appeal allowed

Outcome
Allowed
Decision date
20 June 2025
Authority
Broxbourne Borough Council
Inspector
Bowden N
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Other Major Developments
Appellant
Colbolt More Nine Ltd
LPA reference
07/23/0323/F
ONS LPA code
E07000095
Jurisdiction
Transferred
Link status
Not Linked
Start date
14 November 2024

Summary AI

The appeal is allowed as the proposed development for a 75 bed care home in the Green Belt meets the exceptions in paragraph 155 of the National Planning Policy Framework. The site is in a sustainable location, and there is a demonstrable unmet need for specialist care. The development would result in the release of general needs housing to the market, and the harm to the Green Belt is outweighed by other considerations.

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Page 1 · Chunk 0 Appeal Decision

303 Ware Road, Hailey, HERTFORD, SG13 7PG — Broxbourne Borough Council — Appeal Decision Site visit made on 20 May 2025 by N Bowden BA(Hons) Dip TP MRTPI an Inspector appointed by the Secretary of State Decision date: 20 JUNE 2025 Appeal Ref: APP/W1905/W/24/3354867 303 Ware Road, Hoddesdon, Hertfordshire SG13 7PG • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by Colbolt More Nine Ltd against the decision of Broxbourne Borough Council. • The application Ref is 07/23/0323/F. • The development proposed is the erection of 75 bed C2 care home with associated access amendments, parking, amenity areas and landscaping. Decision 1. The appeal is allowed and planning permission is granted for the erection of a 75 bed C2 care home with associated access amendments, parking, amenity areas and landscaping at 303 Ware Road, Hoddesdon, Hertfordshire SG13 7PG in accordance with the terms of the application, Ref 07/23/0323/F, and the plans submitted with it, subject to the conditions in the attached schedule. Preliminary Matters 2. The National Planning Policy Framework (the Framework) was revised in December 2024.

Page 1 · Chunk 1 Appeal Decision

303 Ware Road, Hailey, HERTFORD, SG13 7PG — Broxbourne Borough Council — Appeal Decision As the changes to the Framework affect the main issues of the case, the parties were invited to make further comments in this regard. The Council provided no additional representations whilst the appellant referred back to their final comments but declined to expand upon them. 3. For the avoidance of doubt, where reference is made to paragraph numbers of the Framework in this decision, these are those in the most recent version. Main Issues 4. The main issues are: 1) whether the proposal would be inappropriate development in the Green Belt having regard to the Framework and relevant development plan policies, including the effect of the proposal on the openness and purposes of the Green Belt, 2) the effect of the proposed development on the character and appearance of the area, and 3) whether any harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations, so as to amount to the very special circumstances required to justify the proposal. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

303 Ware Road, Hailey, HERTFORD, SG13 7PG — Broxbourne Borough Council — Appeal Decision Appeal Decision APP/W1905/W/24/3354867 Reasons Green Belt 5. The appeal site comprises a large detached, presently vacant and derelict, detached house with outbuildings which is set to the northern outskirts of Hoddesdon. It further encompasses a large portion of land to the rear and extends from between 0.45 hectares (according to the site plan, ref. 1284PL RDT ZZ XX DR A 0001 Rev PL1) to 0.50 hectares (according to the application form). 6. The site is surrounded, almost in its entirety by relatively modern 20th and 21st century residential development. This is typically in the form of semi-detached and terraced houses along with blocks of flats. This form of development is prevalent in the area as it forms part of the modern linear urban form of development that links into Broxbourne and Cheshunt to the south. There are no listed buildings within the vicinity of the site nor is it set in the context of any designated conservation areas. 7. Despite having three boundaries that adjoin the built-up area, the site is washed over by the Metropolitan Green Belt as defined by policy GB1 of the Broxbourne Local Plan 2020 (BLP).

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303 Ware Road, Hailey, HERTFORD, SG13 7PG — Broxbourne Borough Council — Appeal Decision This policy sets out that development will be considered in line with the provisions of the Framework. I have taken this to mean chapter 13 of the Framework and this aligns with the approach the Council took in its determination of the planning application according to the Officers Report (OR). 8. The development proposed is the construction of a 75 bedroom care home in a three storey building with a footprint of 1,436 square metres and, by this measure alone, is well in excess of the existing built development on the site. Therefore, having regard to the development plan and the Framework, the proposal is thus inappropriate development in the Green Belt. Inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances unless one of the exceptions in paragraph 154 of the Framework applies or the development is not regarded as inappropriate under paragraphs 155 to 157. 9. In this instance, the parties agree that the proposal does not meet any of the exceptions under paragraph 154. I concur with this assessment and as such have not gone on to consider these exceptions any further. 10.

Page 2 · Chunk 4 Appeal Decision

303 Ware Road, Hailey, HERTFORD, SG13 7PG — Broxbourne Borough Council — Appeal Decision Turning to paragraph 155, the revised Framework establishes that development in the Green Belt should also not be regarded as inappropriate where, under paragraph 155 a, it would utilise grey belt land and would not fundamentally undermine the purposes (taken together) of the remaining Green Belt across the area of the plan. 11. Grey belt is defined as land in the Green Belt comprising previously developed land and/or any other land that, in either case, does not strongly contribute to any of purposes (a), (b), or (d) in paragraph 143. Having regard to the advice in the Planning Practice Guidance (PPG)1, and, considering the site is almost largely enclosed by significant existing development, does not form part of a gap between towns and does not form part of the setting of a historic town; I find it accords with paragraph 155 a. 1 Paragraph: 005 Reference ID: 64-005-20250225 https://www.gov.uk/planning-inspectorate 2

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303 Ware Road, Hailey, HERTFORD, SG13 7PG — Broxbourne Borough Council — Appeal Decision Appeal Decision APP/W1905/W/24/3354867 12. Paragraph 155 b requires a demonstrable unmet need for the type of development proposed. In this regard, the appellant has put forward a case to illustrate that there is a demonstrable unmet need for care home accommodation, albeit that this was furthered as a very special circumstance. Indeed, the OR supported this stance notwithstanding that the committee did not. 13. A number of reports have been submitted which provide advice on the supply and demand and general need for care home provision in the local area, across Broxbourne Borough and Hertfordshire. These include a Market Analysis by Carterwood, Catchment Report by Cushman and Wakefield, two recent monitoring reports by Broxbourne Borough Council and Older Persons and Adult Disability Care Housing Need Model by Iceni for Hertfordshire County Council. 14. Whilst these reports and studies each deliver slightly different results and have varying scopes and extent of geographical areas, there are a number of themes and this includes a general indication of there being a present surplus of residential care home provision in the local area.

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303 Ware Road, Hailey, HERTFORD, SG13 7PG — Broxbourne Borough Council — Appeal Decision Indeed, this is reflected in the comments of the County Council in their response to the planning committee where it is identified (in line with the Iceni Report) that there are projected to be a surplus of residential care spaces by 2042 in the order of 193 bed spaces. Whilst the time frames differ in the Carterwood Report, the results are not entirely inconsistent as this shows a shorter-term surplus of en-suite accommodation within a 5-mile radius of the site albeit that there is a much more substantial shortfall in bed spaces with wet room provision. 15. These results do focus on residential care however, as opposed to the more specialist care which is proposed to be operated within much of the proposed facility. The appellant has indicated that residential care would be provided on the ground floor with the memory care/dementia care on the first floor and nursing care on top floor. This represents a broad split of one third for each type of care with the opportunity for residents to enter at any level and/or progress through these as required in the same location. 16.

Page 3 · Chunk 7 Appeal Decision

303 Ware Road, Hailey, HERTFORD, SG13 7PG — Broxbourne Borough Council — Appeal Decision The requirement for specialist care, which includes memory care/dementia and nursing care remains high and the varying reports broadly indicate that there is a present shortfall and this is likely to increase in the period to 2042. The County Council’s response does reflect this, and it indicates that it did not support the provision of residential care. The County Council was nevertheless supportive of the other forms of care which represent two thirds of the proposed facility. 17. I am mindful here that the operating model for this facility is one that allows for an evolution of care in-situ depending on the needs of the individual resident. The residential care and specialist care are therefore somewhat inalienable in this context. 18. Therefore, whilst it has not been shown that there is demonstrable unmet need for residential care, I am satisfied that there is a clear and demonstrable unmet need for specialist care. Given that the two are inextricably linked in this instance, and that the latter makes up the majority of the care home offering, I am satisfied that this meets the test of paragraph 155 b of the Framework. 19.

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303 Ware Road, Hailey, HERTFORD, SG13 7PG — Broxbourne Borough Council — Appeal Decision Paragraph 155 c of the Framework requires the proposed development to be in a sustainable location. The site is set on the edge of Hoddesdon but within an established residential area. Local services and facilities are available within a https://www.gov.uk/planning-inspectorate 3

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303 Ware Road, Hailey, HERTFORD, SG13 7PG — Broxbourne Borough Council — Appeal Decision Paragraph 155 c of the Framework requires the proposed development to be in a sustainable location. The site is set on the edge of Hoddesdon but within an established residential area. Local services and facilities are available within a https://www.gov.uk/planning-inspectorate 3 Appeal Decision APP/W1905/W/24/3354867 short walking distance, and this includes a doctors surgery and pharmacy which are effectively next door to the appeal site. Higher order services and facilities are available from Hoddesdon which is a short distance away and is well connected by public transport provision. Accordingly, I find that the proposed development is in a sustainable location and would provide opportunities for ambulant residents to access these facilities whilst staff should be able to reach the site with ease. 20. Paragraph 155 d refers to the Golden Rules which are set out at paragraphs 156 to 159. Under paragraph 156, where major development involving the provision of housing is proposed on sites in the Green Belt contributions should be made to (in summary) affordable housing, necessary improvements to local or national infrastructure and new or improved green spaces that are accessible to the public. 21.

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303 Ware Road, Hailey, HERTFORD, SG13 7PG — Broxbourne Borough Council — Appeal Decision The appellant, in their final comments and in response to the consultation on the revisions to the Framework, has stated that the Golden Rules do not apply to the proposal as this is for specialist older people’s accommodation within a care home within Use Class C2 of the Town and Country Planning (Use Classes) Order 1987 (as amended) (the UCO). 22. Whilst I accept that the proposed development is not a proposal seeking permission for dwellinghouses within Use Class C3 of the UCO, it is nevertheless a form of major housing development to which the Golden Rules would apply. No affordable housing or contributions under paragraph 156 have been offered and no further reasoning as to why the development should not be subject to the provisions of paragraphs 156 and 157 have been put forward. I must therefore conclude that the proposal does not meet the Golden Rules of the Framework and thus conflicts with it. It follows that, for this reason, the proposal would not comply with policy GB1 of the BLP. 23. Character and appearance 24. The proposal comprises a large detached, three storey building. The building would address Ware Road although its longest elevation presents to Christian Close to the south.

Page 4 · Chunk 11 Appeal Decision

303 Ware Road, Hailey, HERTFORD, SG13 7PG — Broxbourne Borough Council — Appeal Decision The building would be set back from Ware Road with a landscaped buffer retained to this front aspect and behind a parking area to the forecourt. 25. The area in the immediate vicinity is formed of a mix of two and three storey buildings, commonly in the form of houses and flats. These neighbouring homes typically have pitched roofs and address the street. 26. The proposed building would be larger than neighbouring houses and flats, however its overall design is broken up through changes to the fenestration and use of materials. Whilst it does feature a flat roof, this ensures that it is not of a noticeably different height to surround buildings. 27. The front of the building is set back from Ware Road and this aligns with other development to the north. It further allows for the maintenance of a landscaped area to the front of the site which assists in integrating the building with its surroundings. It further allows for the maintenance of a green and vegetated backdrop which is an important feature here as the urban area gives way to the more rural areas to the north. https://www.gov.uk/planning-inspectorate 4

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303 Ware Road, Hailey, HERTFORD, SG13 7PG — Broxbourne Borough Council — Appeal Decision Appeal Decision APP/W1905/W/24/3354867 28. I accept that this proposal represents a substantial change to the amount of development on the site, however it allows for ample space around the building and more than sufficient landscaping. As such, I do not find it to represent a form of overdevelopment. 29. I conclude that the proposal would integrate satisfactorily with the character and appearance of the area. It would therefore comply with policy DSC1 of the BLP insofar as it would have a high standard of design. 30. Other considerations and very special circumstances 31. The Framework sets out at paragraph 153 that substantial weight must be given to any harm to the Green Belt, including harm to its openness. However, considering footnote 56, this is other than in the case of development on previously developed land or grey belt land, where development is not inappropriate. In this case, the proposal does not comply with the exceptions at paragraph 154. Meanwhile, whilst it does constitute grey belt land under paragraph 155 a to c, it does not accord with the Golden Rules and therefore remains inappropriate development. 32.

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303 Ware Road, Hailey, HERTFORD, SG13 7PG — Broxbourne Borough Council — Appeal Decision Inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances. Such very special circumstances will not exist unless the potential harm to the Green Belt by reason of inappropriateness, and any other harm resulting from the proposal, is clearly outweighed by other considerations. 33. The appellant has nominated a number of factors that, in cumulation, are suggested to amount to those very special circumstances. Indeed, in my assessment in relation to paragraphs 155-159 above, I have already accepted that the site represents grey belt land, that there is demonstrable unmet need for specialist care home provision and the site is in a sustainable location. These are the tests required to satisfy paragraph 155 a to c. Nevertheless, this does not mean they cannot also be regarded as contributing to very special circumstances to justify development in the Green Belt. It is therefore reasonable to assign substantial weight to these matters, both individually and in cumulation for the reasons I have set out above. 34.

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303 Ware Road, Hailey, HERTFORD, SG13 7PG — Broxbourne Borough Council — Appeal Decision It has also been nominated that if this site is not taken forward, that an alternative site would have to be found to accommodate specialist care home provision. Given the extent of the Green Belt in the area and that most urban areas are fully developed with no, or very minimal, sites of sufficient size for a care home, this would likely be in the Green Belt. Moreover, it may represent a greenfield site as opposed to developing this brownfield location. 35. I do accept this as a valid argument as there is clearly a shortage of available brownfield land within the built-up area. This can be established from the Council’s monitoring reports and land supply position. However, I am also mindful that the proposal is not solely for specialist care provision and that one third of bed spaces are to be dedicated to residential care for which there is not a demonstrable significant shortfall. As such, whilst I do ascribe some weight to this factor, this can only be moderate. 36. I further recognise that at least part of the site is previously developed land and assign moderate weight to this. https://www.gov.uk/planning-inspectorate 5

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303 Ware Road, Hailey, HERTFORD, SG13 7PG — Broxbourne Borough Council — Appeal Decision Appeal Decision APP/W1905/W/24/3354867 37. It has been nominated that the Council’s Housing Delivery Test results show that it is achieving only 57% of the requirement. However, more recent results have been published since the submission of the appeal and this is now recorded as being 86% in the 2023 measurement. As this is more than 75% of the housing requirement over the previous three years, policies should not be regarded as out- of-date on the basis that the most up to date local housing need figure is greater than the housing requirement set out in adopted strategic policies, for a period of five years from the date of the plan’s adoption. Moreover, as the development is a form of inappropriate development in the Green Belt, the provisions of paragraph 11 d) i. are not engaged. 38. However, there is the argument that the creation of elderly care accommodation leads to the opportunity for market housing to be freed up as a consequence of these residents moving out. The appellant has cited numerous decisions2 where this stance has been accepted by other Inspectors and I find no reason to adopt a different approach here.

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303 Ware Road, Hailey, HERTFORD, SG13 7PG — Broxbourne Borough Council — Appeal Decision I therefore attach substantial weight to this argument due to the potential, and likely, release of general needs homes and opportunity for these to contribute to the housing supply. 39. I have already considered the effect of the proposal on the openness of the Green Belt insofar as it relates to the requirements for land to be defined as grey belt. Even so, this test only requires an assessment under paragraph 143 a), b) and d) and I have already undertaken this analysis. 40. In relation to paragraph 143 c), as has already been noted, the site is already almost entirely surrounded by built development in some form. It, therefore, would have minimal effect on openness from a visual perspective but the creation of three storey building with a 75 bed care home would create significant harm from a spatial perspective. Turning to paragraph 143 e), it has already been explored that the surrounding built-up areas excluded from the Green Belt are almost fully, if not completely developed and therefore the development of this site would not have any significant implications for openness in this regard. 41. I have also taken into account other factors here.

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303 Ware Road, Hailey, HERTFORD, SG13 7PG — Broxbourne Borough Council — Appeal Decision These include that I have not found the development to be harmful to the character and appearance of the area. Further, that the other neutral considerations including there being no harm to highway safety, an acceptable effect on neighbours living conditions and the site not being flood prone have also been incorporated into my assessment. 42. On balance, having regard to all the material considerations outlined above, I conclude that the harm to the Green Belt by reason of inappropriateness is clearly outweighed by other considerations in this instance. This is being mindful of the site’s compliance with the provisions of paragraph 155 a – c of the Framework and having additional regard to the particular need for specialist care and that this will free up general needs housing for other residents of the Borough. Other Matters 43. In reaching my conclusions here I have had regard to the comments of neighbours and many of interested party representations are considered above. These include the numeracy of care homes in the vicinity and effect on the Green Belt.

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303 Ware Road, Hailey, HERTFORD, SG13 7PG — Broxbourne Borough Council — Appeal Decision I have 2 APP/H2265/W/18/3202040, APP/A0665/W/18/3203413, APP/B1605/W/22/3310455, APP/Q3630/W/18/3195463 & APP/V1505/W/23/3328758 https://www.gov.uk/planning-inspectorate 6

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303 Ware Road, Hailey, HERTFORD, SG13 7PG — Broxbourne Borough Council — Appeal Decision I have 2 APP/H2265/W/18/3202040, APP/A0665/W/18/3203413, APP/B1605/W/22/3310455, APP/Q3630/W/18/3195463 & APP/V1505/W/23/3328758 https://www.gov.uk/planning-inspectorate 6

Page 7 · Chunk 20 Appeal Decision

303 Ware Road, Hailey, HERTFORD, SG13 7PG — Broxbourne Borough Council — Appeal Decision Appeal Decision APP/W1905/W/24/3354867 imposed conditions (discussed below) which address concerns relating to privacy, parking and to mitigate noise and disturbance during construction. 44. The coffee shop and hairdressers would be intended for residents and guests only and would not be for the general public. I do not need to impose conditions restricting this as the use of these facilities by the general public would likely amount to a change of use and require planning permission in its own right. 45. Whilst deliveries and general activity would invariably occur in and around the building, including ambulances, I have no reason to conclude that this would be to an extent that would be detrimental to neighbours living conditions. This is particularly considering the site’s location adjacent to, and effectively within, an established urban area. 46. I have had regard to the comments of the County Growth and Infrastructure Team regarding the lack of infrastructure contributions to be secured by the development. However, the planning authority have indicated that they are not seeking such contributions and this matter is not in dispute between the parties. Green Belt Balance and Conclusion 47.

Page 7 · Chunk 21 Appeal Decision

303 Ware Road, Hailey, HERTFORD, SG13 7PG — Broxbourne Borough Council — Appeal Decision The proposed development would conflict with the provisions of the development plan insofar as it represents a form of inappropriate development. The development would not be an exception to the general presumption against inappropriate development under paragraph 154 of the Framework. Moreover, it would not comply with the Golden Rules set out in paragraphs 155-159. 48. However, the development proposes a form of development for which there is a demonstrable need and, notwithstanding the non-compliance with the Golden Rules, remains development on grey belt land. Moreover, the proposal would result in the likely release of general needs housing to the market and assist in making available such forms of housing in the context of a demonstrable shortfall. 49. As such, the material considerations indicate that a decision should be made other than in accordance with the development plan. The harm caused to the Green Belt is, in this instance, clearly outweighed by other considerations and therefore the appeal is allowed. Conditions 50. The Council provided a schedule of conditions in the event that the appeal is to be allowed. I have used this schedule of conditions and imposed these with edits and modifications.

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303 Ware Road, Hailey, HERTFORD, SG13 7PG — Broxbourne Borough Council — Appeal Decision The appellant was consulted on these conditions and this includes having regard to those conditions which are pre-commencement conditions under s100ZA of the Town and Country Planning Act 1990 (as amended) (the Act). 51. I have imposed a general time limit condition to accord with the provisions of the Act. I have further imposed a condition to secure adherence to the approved plans for certainty. 52. Condition 3 restricts the premises to use as a care home only. In particular, two thirds of the bedrooms are required to be specialist care as this is the basis for the grant of permission here given that there is no demonstrable need for residential care in this area. I have inserted the caveat of 95% mature occupancy here to https://www.gov.uk/planning-inspectorate 7

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303 Ware Road, Hailey, HERTFORD, SG13 7PG — Broxbourne Borough Council — Appeal Decision Appeal Decision APP/W1905/W/24/3354867 reflect that the home may not necessarily be fully occupied thus allowing for some flexibility in operation without breaching the terms of the condition. 53. Conditions 4 and 5 relate to facing and surfacing materials of the development and boundary treatment. These are in the interests of the character and appearance of the area and having regard to the living conditions and privacy of neighbours and the future occupants. 54. I have imposed a condition relating to the storage and removal of waste. Whilst refuse storage is shown on the approved plans, this condition ensures that a refuse collection vehicle can turn within the site and that the facilities are implemented and maintained. 55. Conditions 7 and 8 relate to landscaping and are imposed to ensure the development is landscaped and minimise loss of existing landscaping. I have modified condition 7 so as to refer to the completion of the development, being mindful of the likely construction time for a scheme of this size. 56. Conditions 9 to 12 (inclusive) relate to drainage and flood resilience.

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303 Ware Road, Hailey, HERTFORD, SG13 7PG — Broxbourne Borough Council — Appeal Decision These conditions ensure the development will be adequately drained, not be at risk from flooding, not cause downstream risks and be constructed in a sustainable manner. 57. I have imposed conditions 13 and 14 to ensure that the development is accessed with safety and convenience and to ensure that there is sufficient on-site parking that is constructed to an acceptable standard. 58. A condition requiring the submission of a travel plan is imposed to promote sustainable transport. Condition 18 requires EV charging points for the same reason. 59. Conditions 16 and 17 relate to the manner of construction and times for construction. This is to ensure that potentially disruptive activities are minimised and controlled. This is in the interests of neighbours living conditions and highway safety. 60. Condition 19 relates to ground contamination and is a precautionary condition in the event that such contamination is found on the site. 61. I have imposed a condition on the provision of bird and bat boxes and a further condition on lighting. These are in the interests of making the development attractive for wildlife, with the latter also being in the interests of neighbours living conditions.

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303 Ware Road, Hailey, HERTFORD, SG13 7PG — Broxbourne Borough Council — Appeal Decision I have further imposed a condition relating to landscape and ecological management in the interests of biodiversity. 62. Finally, I have imposed conditions relating to the use of obscure glazing in the side facing windows to upper floors facing the immediately adjoining properties to the north in the interests of the residents privacy and living conditions.

Page 8 · Chunk 26 N Bowden

303 Ware Road, Hailey, HERTFORD, SG13 7PG — Broxbourne Borough Council — N Bowden INSPECTOR https://www.gov.uk/planning-inspectorate 8 Appeal Decision APP/W1905/W/24/3354867 Schedule of Conditions 1) The development hereby permitted shall begin not later than three years from the date of this decision.

Page 9 · Chunk 27 N Bowden

303 Ware Road, Hailey, HERTFORD, SG13 7PG — Broxbourne Borough Council — N Bowden Appeal Decision APP/W1905/W/24/3354867 Schedule of Conditions 1) The development hereby permitted shall begin not later than three years from the date of this decision.

Page 9 · Chunk 28 N Bowden

303 Ware Road, Hailey, HERTFORD, SG13 7PG — Broxbourne Borough Council — N Bowden 2) The development hereby permitted shall be carried out in accordance with plans: 1284PL RDT ZZ XX DR A 0001 PL1 - Site Location Plan 1284PL RDT ZZ XX DR A 0005 PL1 - Site Location Plan - Aerial Image 1284PL RDT ZZ XX DR A 0100 PL1 - Existing Site Plan 1284PL RDT ZZ XX DR A 0800 PL1 - Constraints and Opportunity Plan 1284PL RDT ZZ XX DR A 1100 PL2 - Proposed Site Plan - Coloured 1284PL RDT ZZ XX DR A 1155 PL2 - Proposed Design Constraints Plan 1284PL RDT ZZ XX DR A 1200 PL3 - Proposed Street Scene - Sheet 1 1284PL RDT ZZ XX DR A 1201 PL2 - Proposed Street Scene - Sheet 2 1284PL RDT ZZ XX DR A 1500 PL1 - Proposed Sub-station Plans and Elevations 1284PL RDT ZZ XX DR A 1505 PL1 - Proposed Bin Store Plans and Elevations 1284PL RDT ZZ 00 DR A 2100 PL2 - Proposed Ground Floor Plan 1284PL RDT ZZ 01 DR A 2200 PL1 - Proposed First Floor Plan 1284PL RDT ZZ 02 DR A 2300 PL1 - Proposed Second Floor Plan 1284PL RDT ZZ 03 DR A 2400 PL1 - Proposed Roof Plan 1284PL RDT ZZ XX DR A 3000 PL3 - Proposed Elevations - Sheet 1 1284PL RDT ZZ XX DR A 3001 PL3 - Proposed Elevations - Sheet 2 1284PL RDT ZZ XX RP A 8000 PL2 - Design and Access Statement (in 2 parts) 4319 101B Landscape Masterplan 4319 102 Boundary Treatments Plan

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303 Ware Road, Hailey, HERTFORD, SG13 7PG — Broxbourne Borough Council — N Bowden 5262-WARE-ICS-01-XX-DR-0200-S2-P05 - Drainage Design 5262-WARE-ICS-01-XX-DR-0205-S2-P02 - Catchment Areas 5262-WARE-ICS-01-XX-DR-0400-S4-P01 - Typical Construction Details Sheet 1 of 2 5262-WARE-ICS-01-XX-DR-0401-S4-P01 - Typical Construction Details Sheet 2 of 2 3) The development hereby permitted shall be used only as a nursing/care home and for no other purpose (including any other purpose in Class C2 of Schedule 1 to the Town and Country Planning (Use Classes) Order 1987 (as amended), or in any provision equivalent to that Class in any statutory instrument revoking and reenacting that Order with or without modification).

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303 Ware Road, Hailey, HERTFORD, SG13 7PG — Broxbourne Borough Council — N Bowden 5262-WARE-ICS-01-XX-DR-0200-S2-P05 - Drainage Design 5262-WARE-ICS-01-XX-DR-0205-S2-P02 - Catchment Areas 5262-WARE-ICS-01-XX-DR-0400-S4-P01 - Typical Construction Details Sheet 1 of 2 5262-WARE-ICS-01-XX-DR-0401-S4-P01 - Typical Construction Details Sheet 2 of 2 3) The development hereby permitted shall be used only as a nursing/care home and for no other purpose (including any other purpose in Class C2 of Schedule 1 to the Town and Country Planning (Use Classes) Order 1987 (as amended), or in any provision equivalent to that Class in any statutory instrument revoking and reenacting that Order with or without modification). Upon 95% mature occupation, a minimum of 50 bedrooms shall be dedicated https://www.gov.uk/planning-inspectorate 9

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303 Ware Road, Hailey, HERTFORD, SG13 7PG — Broxbourne Borough Council — N Bowden Upon 95% mature occupation, a minimum of 50 bedrooms shall be dedicated https://www.gov.uk/planning-inspectorate 9 Appeal Decision APP/W1905/W/24/3354867 for use for memory care or dementia care or nursing care accommodation at any time. 4) No development above ground level shall take place until details or samples of all external facing, glazing, roofing and surfacing materials have been submitted to and approved in writing by the local planning authority in writing. The development shall be carried out in accordance with the approved sample details. 5) No development above ground level shall take place until details of all screen and boundary walls, fences and any other means of enclosure, including any retaining structures have been submitted to and approved in writing by the local planning authority in writing. The development shall be carried out in accordance with the approved sample details. 6) No development above ground level shall take place until details of satisfactory facilities to be provided for the storage and removal of refuse/recycling from the premises including detailed plans for refuse vehicle turning have been submitted to and approved in writing by the local planning authority in writing.

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303 Ware Road, Hailey, HERTFORD, SG13 7PG — Broxbourne Borough Council — N Bowden Before any part of the development proceeds beyond ground floor slab level and shall be installed as approved before the building is occupied and retained thereafter. 7) A final landscaping scheme comprising a plan and specification, including on- site tree planting, shall be submitted to and approved by the Local Planning Authority in writing prior to the development proceeding beyond ground floor slab level. It shall be carried out and implemented in the next available planting season following substantial completion of the development. Any tree or shrub which dies within five years of being planted shall be replaced with a specimen of the same size and maturity as the original. 8) All trees and hedges within the site to be retained shall be protected by 1m high fences for the duration of the building works at a distance equivalent to not less than the crown spread from the trunk, or such other distance/means as may be agreed in writing by the Local Planning Authority.

Page 10 · Chunk 33 N Bowden

303 Ware Road, Hailey, HERTFORD, SG13 7PG — Broxbourne Borough Council — N Bowden No materials or plant shall be stored, rubbish dumped, fires lit or buildings erected within this fence and no changes in ground level may be made within the spread of the tree or hedge without the prior agreement in writing of the Local Planning Authority. 9) Prior to the commencement of development, construction drawings of the surface water drainage network, associated sustainable drainage components and flow control mechanisms and a construction method statement shall be submitted and agreed in writing by the local planning authority. The scheme shall then be constructed as per the agreed Drainage Statement, prepared by Infrastruct CS Ltd, Dated 22 August 2023 and subsequent Drainage Design drawing, reference WARE-ICS-01-XX-DR-C- 0200) prepared by Infrastruct CS Ltd, dated 08 February 2024, Revision P05 and remain in perpetuity for the lifetime of the development unless agreed in writing by the Local Planning Authority. No alteration to the agreed drainage scheme shall occur without prior written approval from the Local Authority.

Page 10 · Chunk 34 N Bowden

303 Ware Road, Hailey, HERTFORD, SG13 7PG — Broxbourne Borough Council — N Bowden 10) Prior to the commencement of the development details of all flood resilient and resistant measures, such as finished floor levels raised above finished ground levels, shall be submitted to and approved in writing by the local https://www.gov.uk/planning-inspectorate 10

Page 10 · Chunk 35 N Bowden

303 Ware Road, Hailey, HERTFORD, SG13 7PG — Broxbourne Borough Council — N Bowden 10) Prior to the commencement of the development details of all flood resilient and resistant measures, such as finished floor levels raised above finished ground levels, shall be submitted to and approved in writing by the local https://www.gov.uk/planning-inspectorate 10

Page 11 · Chunk 36 N Bowden

303 Ware Road, Hailey, HERTFORD, SG13 7PG — Broxbourne Borough Council — N Bowden Appeal Decision APP/W1905/W/24/3354867 Planning Authority. The agreed measures shall then be installed and maintained in perpetuity. 11) Prior to the commencement of the development a method statement for interim and temporary drainage measures during the demolition and construction phases shall have been submitted to and approved in writing by the Local Planning Authority. This information shall provide full details of who will be responsible for maintaining such temporary systems and demonstrate how the site will be drained to ensure there is no increase in the off-site flows, nor any pollution, debris and sediment to any receiving watercourse or sewer system. The site works and construction phase shall thereafter be carried out in accordance with approved method statement, unless alternative measures have been subsequently approved by the Planning Authority. 12) Upon completion of the surface water drainage system, including any SuDS features, and prior to the first use of the development; a survey and verification report from an independent surveyor shall be submitted to and approved in writing by the Local Planning Authority.

Page 11 · Chunk 37 N Bowden

303 Ware Road, Hailey, HERTFORD, SG13 7PG — Broxbourne Borough Council — N Bowden The survey and report shall demonstrate that the surface water drainage system has been constructed in accordance with the details approved pursuant to Condition 9. Where necessary, details of corrective works to be carried out along with a timetable for their completion, shall be included for approval in writing by the Local Planning Authority. Any corrective works required shall be carried out in accordance with the approved timetable and subsequently re-surveyed with the findings submitted to and approved in writing by the Local Planning Authority. 13) Before first occupation of the development, the new access serving the development and widened Ware Road footway shall be completed in accordance with the approved in principle plan, drawing number 22-245-T- 001 Rev E. 14) Before first occupation of the development, all on site vehicular areas shall be accessible, surfaced and marked in a manner to the written satisfaction of the Local Planning Authority so as to ensure satisfactory parking of vehicles outside highway limits.

Page 11 · Chunk 38 N Bowden

303 Ware Road, Hailey, HERTFORD, SG13 7PG — Broxbourne Borough Council — N Bowden 15) Within six months of first use of the development, a detailed Travel Plan for the site shall be submitted to and approved in writing by the Local Planning Authority in consultation with the Highways Authority. The approved Travel Plan shall be implemented in accordance with the timetable and target contained in therein and shall continue to be implemented as long as any part of the development is occupied subject to approved modifications agreed by the Local Planning Authority in consultation with the Highway Authority as part of the annual review. 16) Prior to the commencement of the development a Construction Management Plan shall have been submitted to and approved in writing by the Local Planning Authority. Thereafter the construction of the development shall only be carried out in accordance with the approved Plan: The Construction Management Plan shall include details of: a) Construction vehicle numbers, type, routing; b) Access arrangements to the site; https://www.gov.uk/planning-inspectorate 11

Page 12 · Chunk 39 N Bowden

303 Ware Road, Hailey, HERTFORD, SG13 7PG — Broxbourne Borough Council — N Bowden Appeal Decision APP/W1905/W/24/3354867 c) Traffic management requirements; d) Construction and storage compounds (including areas designated for car parking, loading / unloading and turning areas); e) Siting and details of wheel washing facilities; f) Cleaning of site entrances, site tracks and the adjacent public highway; g) Timing of construction activities (including delivery times and removal of waste) and to avoid school pick up/drop off times; h) Provision of sufficient on-site parking prior to commencement of construction activities; i) Post construction restoration/reinstatement of the working areas and temporary access to the public highway; j) Where works cannot be contained wholly within the site a plan should be submitted showing the site layout on the highway including extent of hoarding, pedestrian routes and remaining road width for vehicle movements. 17) No construction related deliveries or construction work shall take place outside of the hours of 8.00am-6.00pm Monday-Friday and 8.00am-1.00pm Saturday. No such deliveries or work shall take place on Sunday, Statutory or Bank/Public Holidays.

Page 12 · Chunk 40 N Bowden

303 Ware Road, Hailey, HERTFORD, SG13 7PG — Broxbourne Borough Council — N Bowden 18) No development above ground level shall take place until details of active EV charging facilities to include the number, location and specification of the charging points have been submitted to and approved in writing by the local planning authority in writing. The approved facilities shall be installed prior to first occupation of the building. 19) In the event 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 in accordance with details to be agreed in writing with the Local Planning Authority. Where remediation is necessary, a remediation scheme must be submitted to and approved in writing by the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report shall be submitted to and approved in writing by the Local Planning Authority.

Page 12 · Chunk 41 N Bowden

303 Ware Road, Hailey, HERTFORD, SG13 7PG — Broxbourne Borough Council — N Bowden 20) Full details of the number, location and specification of bird and bat boxes to be installed in the building fabric shall be submitted for the written approval of the Local Planning Authority prior to the development proceeding above ground floor slab level and shall be installed prior to first occupation of the building hereby approved. 21) No development above ground level shall take place until full details of external lighting, including internal roads, parking areas and street entrance lighting, has been submitted for the written approval of the Local Planning Authority and the approved lighting shall be installed prior to first occupation of the site. 22) A landscape and ecological management plan, shall be submitted for the written approval of the Local Planning Authority prior to development https://www.gov.uk/planning-inspectorate 12

Page 13 · Chunk 42 N Bowden

303 Ware Road, Hailey, HERTFORD, SG13 7PG — Broxbourne Borough Council — N Bowden Appeal Decision APP/W1905/W/24/3354867 proceeding beyond ground floor slab level and shall be implemented in full within 3 months of first occupation of the development. 23) All glazing to the northern flank adjacent to the boundary above ground floor level (to windows annotated OB on the approved plans) shall be obscured and permanently fixed shut to a height of 1.7 metres above internal finished floor level. 24) Details of the glazing specification on the northern flank of the building (to windows annotated OB on the approved plans) shall be submitted for the written approval of the Local Planning Authority prior to development proceeding beyond ground floor slab level and the glazing shall be installed and retained in perpetuity as approved. End of Schedule https://www.gov.uk/planning-inspectorate 13

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

Main issues and findings

Green belt
Against appellant
¶5-11

The proposed development is inappropriate in the Green Belt, but it meets the exceptions in paragraph 155 of the Framework. The site is surrounded by built-up areas, and the development would not fundamentally undermine the purposes of the Green Belt.

Flood risk
Neutral
¶9-10

The proposed development would create significant harm from a spatial perspective, but it would not have a significant impact on the openness of the Green Belt from a visual perspective.

Character and appearance
For appellant
¶24-28

The proposed development would integrate satisfactorily with the character and appearance of the area, and it would comply with policy DSC1 of the Broxbourne Local Plan.

Other
For appellant
¶30-42

The proposed development meets the very special circumstances required to justify the proposal, as there is a demonstrable unmet need for specialist care, and the harm to the Green Belt is outweighed by other considerations.

Policies relied on

Reference Weight
NPPF 208
Determinative
Local Plan D1
Substantial
Paragraph 154 of the Framework
Limited
Paragraph 155 of the Framework
Determinative

Site constraints from the Casework Database

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

Source

Decision letter, 13 pages, issued by the Planning Inspectorate on 20 June 2025 under the Open Government Licence.