Case 3358032

Haresfoot Farm, Chesham Road , Berkhamsted , Hertfordshire , HP4 2SU

Dacorum Borough Council — appeal allowed

Outcome
Allowed
Decision date
17 September 2025
Authority
Dacorum Borough Council
Inspector
Thandi B
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Major dwellings
Appellant
Haresfoot Ltd
LPA reference
24/00330/MFA
ONS LPA code
E07000096
Jurisdiction
Transferred
Link status
Not Linked
Start date
2 April 2025

Summary AI

The appeal is allowed due to the provision of 52 market houses and 34 affordable units, which make a notable contribution to the area's housing supply. The development also includes a community hub, highway improvements, and a biodiversity net gain. The harm to the Green Belt is moderate, but outweighed by the benefits of the development.

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

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Page 1 · Chunk 0 Appeal Decision

Haresfoot Farm, Chesham Road , Berkhamsted , Hertfordshire , HP4 2SU — Dacorum Borough Council — Appeal Decision Site visit made on 16 July 2025 by Bhupinder Thandi BA (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 17 SEPTEMBER 2025 Appeal Ref: APP/A1910/W/24/3358032 Haresfoot Farm, Chesham Road, Berkhamsted, Hertfordshire HP4 2SU • 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 Haresfoot Ltd against the decision of Dacorum Borough Council. • The application Ref is 24/00330/MFA. • The development proposed is demolition of existing buildings and redevelopment of the site to provide 86 residential units (market and affordable), construction of a community hub building, together with associated landscaping, open space, parking, and highway improvement. Decision 1.

Page 1 · Chunk 1 Appeal Decision

Haresfoot Farm, Chesham Road , Berkhamsted , Hertfordshire , HP4 2SU — Dacorum Borough Council — Appeal Decision The appeal is allowed and planning permission is granted for demolition of existing buildings and redevelopment of the site to provide 86 residential units (market and affordable), construction of a community hub building, together with associated landscaping, open space, parking, and highway improvement at Haresfoot Farm, Chesham Road, Berkhamsted, Hertfordshire HP22 2SU in accordance with the terms of the application 24/00330/MFA subject to the conditions in the attached schedule. Preliminary Matters 2. Following determination of the application Dacorum Borough Council confirmed that it no longer intended to defend the reasons for refusal. I have borne this in mind in coming to my decision. 3. Following determination of the application the Council’s planning committee, in December 2024, resolved to grant planning permission for redevelopment of the appeal site providing 61 dwellings, landscaping, open space, parking and highway improvements. This represents a material consideration and fallback position that I afford great weight to. Main Issues 4.

Page 1 · Chunk 2 Appeal Decision

Haresfoot Farm, Chesham Road , Berkhamsted , Hertfordshire , HP4 2SU — Dacorum Borough Council — Appeal Decision The main issues are: • Whether the proposal would be inappropriate development in the Green Belt having regard to relevant development plan policies and the National Planning Policy Framework (the Framework); • The effect upon openness and the purposes of the Green Belt; • Whether the site is an appropriate location for new housing having regard to the accessibility to services and facilities; and https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Appeal Decision

Haresfoot Farm, Chesham Road , Berkhamsted , Hertfordshire , HP4 2SU — Dacorum Borough Council — Appeal Decision The main issues are: • Whether the proposal would be inappropriate development in the Green Belt having regard to relevant development plan policies and the National Planning Policy Framework (the Framework); • The effect upon openness and the purposes of the Green Belt; • Whether the site is an appropriate location for new housing having regard to the accessibility to services and facilities; and https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 4 Appeal Decision

Haresfoot Farm, Chesham Road , Berkhamsted , Hertfordshire , HP4 2SU — Dacorum Borough Council — Appeal Decision Appeal Decision APP/A1910/W/24/3358032 • 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. Reasons Whether the proposal would be inappropriate development in the Green Belt 5. The Framework states that inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances. The provision of new buildings is considered inappropriate save for a number of exceptions which includes the partial or complete redevelopment of previously developed land, whether redundant or in continuing use, which would not cause substantial harm to the openness of the Green Belt. Policy CS5 of the Dacorum Core Strategy (2013) (CS) mostly echoes the approach towards the Green Belt set out in the Framework. 6. The appeal site is located within the Metropolitan Green Belt and is a former farm complex comprising equestrian arenas, a number of large buildings of varying ages and degrees of repair, associated structures and hardstanding with miscellaneous items and spoil spread over a considerable area of it.

Page 2 · Chunk 5 Appeal Decision

Haresfoot Farm, Chesham Road , Berkhamsted , Hertfordshire , HP4 2SU — Dacorum Borough Council — Appeal Decision The majority of the buildings were last used in business use including for the storage of film and theatres sets and props. The site is surrounded by a Suitable Alternative Natural Green Space (SANG) which I observed at the time of my visit appeared close to being open to the public. 7. The main parties refer to the site being formed of two areas – the northern quadrant and the southern quadrant. There is no dispute between the main parties that the northern quadrant constitutes previously developed land on account of the presence of permanent non-agricultural buildings and land. Whilst representations question the extent of the fields associated with the equestrian use, I see no compelling reason to disagree with the Council’s findings. In any event planning permission has been granted for residential development on this part of the site which the appellant could elect to build out irrespective of my decision on this appeal. This represents a legitimate fallback position in this case and establishes the principle of residential development on this part of the site. 8. As the appellant acknowledges the southern quadrant does not, in its entirety, constitute previously developed land.

Page 2 · Chunk 6 Appeal Decision

Haresfoot Farm, Chesham Road , Berkhamsted , Hertfordshire , HP4 2SU — Dacorum Borough Council — Appeal Decision As part of the development would extend beyond land that is previously developed it would constitute inappropriate development in the Green Belt as set out in paragraph 154 g) of the Framework and Policy CS5. The effect on openness and the purposes of the Green Belt 9. The Framework states that one of the essential characteristics of the Green Belt is its openness. Openness is the absence of development notwithstanding the degree of visibility of the land in question from the public realm. Openness has both visual and spatial aspects. 10. There would be an increase in built form, in the southern quadrant, compared to that currently with development spread over a greater proportion of this part of the site. Whilst this would comprise just a handful of plots it would still result in a loss of openness in spatial terms. https://www.gov.uk/planning-inspectorate 2

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Haresfoot Farm, Chesham Road , Berkhamsted , Hertfordshire , HP4 2SU — Dacorum Borough Council — Appeal Decision Appeal Decision APP/A1910/W/24/3358032 11. Haresfoot Farm sits within a gently undulating landscape, and the proposed development would be a conspicuous feature visible from White Hill and by users of the SANG and nearby public footpaths. That said, it would display a domestic scale appearing as an attractive and coherent development with the porous layout providing a visual and physical link with the surrounding countryside. This would be a significant improvement from the current bulky, utilitarian and disparate state of the site. The proposed planting would help blend the development into the landscape softening views and reducing the visual impact and positively contributing to the verdant character of the area. 12. As such, whilst I am of the view that the proposal would lead to a greater impact on openness in both spatial and visual terms when taken together, the overall harm to the openness of the Green Belt would be moderate. 13. One of the purposes of the Green Belt is to assist in safeguarding the countryside from encroachment. There would be an intrusion, but this would be limited in extent and largely contained to areas of degraded land and areas of spoil rather than undisturbed and undeveloped land.

Page 3 · Chunk 8 Appeal Decision

Haresfoot Farm, Chesham Road , Berkhamsted , Hertfordshire , HP4 2SU — Dacorum Borough Council — Appeal Decision As such, the harm resulting from this encroachment in the countryside would not be significant. Appropriate location 14. Policy CS1 states that the scale and location of development will be made in accordance with the settlement hierarchy directing new development to Hemel Hampstead, market towns and large villages. 15. The site is located within open countryside accessed via White Hill - a rural road leading off the A41. The town of Berkhamsted is located to the north of the A41 served by a good range of day-to-day services and facilities. 16. Whilst Berkhamsted is only a short distance from the site getting there on foot involves walking along White Hill, a rural road devoid of footpaths and streetlighting, and crossing a busy roundabout junction on the A416. Therefore, currently walking to and from the site is undesirable and impractical. 17. In this regard, the appellant is proposing a package of highway works that includes the installation of a footpath along White Hill connecting the site to the existing footpath on the A416; improvements to the footpaths along the A416 and a new pedestrian crossing and a relocation of bus stops closer to the site.

Page 3 · Chunk 9 Appeal Decision

Haresfoot Farm, Chesham Road , Berkhamsted , Hertfordshire , HP4 2SU — Dacorum Borough Council — Appeal Decision Within the site a bus shelter would be provided for future residents to use a new on demand county bus service. There would also be a car club and electric bikes available for residents to hire. In addition, the proposed community hub would provide a space for remote working, fitness and well-being sessions and a local pantry stocking day to day essentials. 18. Taking all of the above into account I am satisfied that the proposed development aligns with the vision-led approach outlined in the Framework by reducing the need to travel and by identifying transport solutions that would deliver a well- designed, sustainable place whilst offering a genuine choice of transport modes and promoting walking, cycling and public transport. 19. I find that the proposed development would be an appropriate location for new housing development having regard to the accessibility to nearby services and https://www.gov.uk/planning-inspectorate 3

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Haresfoot Farm, Chesham Road , Berkhamsted , Hertfordshire , HP4 2SU — Dacorum Borough Council — Appeal Decision Appeal Decision APP/A1910/W/24/3358032 facilities. It therefore accords with Policy CS1 and the Framework which, amongst other things, seek to manage patterns of growth to achieve sustainable places. Other Matters 20. Representations have been made that the scheme could set a precedent for similar developments in the area. Every appeal must be considered on its own merits, as I have done, and there is no substantive evidence to indicate that the proposal would result in a precedent. 21. A revised Framework has been published following determination of the planning application and submission of the appeal. It is incumbent upon me to make my assessment based on the development plan policies and the Framework at the time of my decision. Therefore, the guidance in the previous version of the Framework is not of relevance to the appeal scheme before me. 22. Having regard to the appellant’s marketing report I am satisfied that the site is not viable or attractive to the market as a commercial enterprise. Based on the available information the proposed development would not adversely affect the provision of employment land in the area. 23.

Page 4 · Chunk 11 Appeal Decision

Haresfoot Farm, Chesham Road , Berkhamsted , Hertfordshire , HP4 2SU — Dacorum Borough Council — Appeal Decision Despite the representations received I have not been presented with any compelling evidence to lead me to believe that the farm buildings at the site are of historical significance. 24. The footpath proposed would result in physical and visual change to White Hill. However, the works would be limited to one side of the lane and the opportunity exists, through the submission of further details secured by planning conditions, for the external finishes to be sympathetic to its rural context. 25. There is nothing compelling to suggest that the proposed development would disturb operations at a nearby stud farm because of everyday residential activities. Whilst the use of fireworks by some residents is likely during certain times of the year a condition requiring the use of silent fireworks would not meet the tests of reasonableness or enforceability. 26. Local residents submit that White Hill and surrounding roads frequently back up during peak periods. Based on the available information there is nothing to suggest that this level of traffic is particularly unusual for the daily commute. At such times more traffic and longer journey times are to be expected.

Page 4 · Chunk 12 Appeal Decision

Haresfoot Farm, Chesham Road , Berkhamsted , Hertfordshire , HP4 2SU — Dacorum Borough Council — Appeal Decision That said, the appellant’s transport evidence predicts that the proposed development would lead to a reduction in peak AM and PM movements to and from the site compared to the current situation. 27. White Hill south of the site heading towards Whelpley Hill is largely narrow with limited passing places. Based on the appellant’s evidence additional vehicle movements along the road and through Whelpley Hill would be marginal. In likelihood given the narrow rural nature of the road it is likely that drivers would use alternative routes using A and B roads to travel to Whelpley Hill and Bovingdon rather than White Hill. 28. I acknowledge that it is likely that there would be supermarket and courier deliveries throughout the day. However, I am satisfied that the level of traffic movements associated with the development would not result in unacceptable levels of traffic either in isolation, or cumulatively with nearby uses. https://www.gov.uk/planning-inspectorate 4

Page 5 · Chunk 13 Appeal Decision

Haresfoot Farm, Chesham Road , Berkhamsted , Hertfordshire , HP4 2SU — Dacorum Borough Council — Appeal Decision Appeal Decision APP/A1910/W/24/3358032 29. I am of the view that the proposed highway works would improve conditions along White Hill and at nearby junctions for pedestrians as well as drivers. A condition has been imposed for details of the offsite highway works to be provided and, on this basis, I am also satisfied that the proposed works could be designed in a manner that would not unduly affect accesses to existing dwellings along White Hill. 30. In respect of the potential for disruption during construction works this would be short term. Conditions requiring submission of a Construction Management Plan and Construction Environmental Management Plan have been imposed to ensure that the living conditions of nearby occupiers and the safe operation of the surrounding roads are maintained during construction of the development. 31. In terms of carbon footprint, the proposed development aims to reduce materials and waste incorporating sustainable materials, low carbon and renewable energy, sustainable drainage as well as a net gain in biodiversity. These measures would offset the carbon emissions associated with construction and demolition of the current buildings on site. Other Considerations 32.

Page 5 · Chunk 14 Appeal Decision

Haresfoot Farm, Chesham Road , Berkhamsted , Hertfordshire , HP4 2SU — Dacorum Borough Council — Appeal Decision The site falls within the Zone of Influence of the Chilterns Beechwoods Special Area of Conservation (SAC) which represents the most extensive area of native beech woodland in the country. The woodland is also home to associated notable species of flora and fauna. 33. In terms of the SAC the proposed development is of a type that is likely to result in recreational visits to the habitat potentially resulting in vegetation damage, contamination and increased risk of fire and harvesting. As such, it is necessary for me, as the competent authority for the purposes of the Conservation of Habitats and Species Regulations 2017 (as amended) to conduct an Appropriate Assessment in relation to the effect of the development on the integrity of the SAC. 34. Detailed local guidance for the SAC is set out in the document ‘Mitigation Strategy for Ashridge Commons and Woods Site of Special Scientific Interest’. It sets out that mitigation in the form of Strategic Access Management and Monitoring (SAMM) measures and SANG projects may be considered to mitigate the adverse impacts on the site’s integrity secured through a planning obligation. 35.

Page 5 · Chunk 15 Appeal Decision

Haresfoot Farm, Chesham Road , Berkhamsted , Hertfordshire , HP4 2SU — Dacorum Borough Council — Appeal Decision It is likely that the proposed development of 86 residential properties would contribute to further recreational pressures and disturbance. The proposal would either alone or in combination with other residential development in the area, likely have a significant effect on the SAC due to the increased recreational pressure that would be placed on it. Mitigation is therefore required to ensure that such pressure is avoided or limited to such a degree that would preserve the integrity of the SAC. 36. The appellant is providing access to a SANG and a financial contribution towards SAMM measures secured through the s106 agreement. As such, I am satisfied that the impact of the development as proposed could be mitigated and that a likely significant effect on the integrity of the Chilterns Beechwoods SAC would not occur. https://www.gov.uk/planning-inspectorate 5

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Haresfoot Farm, Chesham Road , Berkhamsted , Hertfordshire , HP4 2SU — Dacorum Borough Council — Appeal Decision Appeal Decision APP/A1910/W/24/3358032 Planning Obligations 37. The s106 agreement covers a number of planning obligations that are required by the development plan to ensure the facilities and services that are essential for development to take place are delivered or mitigate its impact. 38. As such, given the policy requirements and infrastructure needs arising from the development I am satisfied that all the obligations set out in the s106 are necessary to make the development acceptable in planning terms, are directly related to the development and are fairly and reasonably related in scale and kind to the development. They would accord with Regulation 122 of the Community Infrastructure Levy Regulations 2010 (as amended). Planning Balance 39. Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires planning applications to be determined in accordance with the development plan unless material considerations indicate otherwise. 40. The Framework, at paragraph 78, states that local planning authorities should identify and update a supply of specific deliverable sites sufficient to provide a minimum of five years’ worth of housing, including an appropriate buffer.

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Haresfoot Farm, Chesham Road , Berkhamsted , Hertfordshire , HP4 2SU — Dacorum Borough Council — Appeal Decision The Council accepts that they cannot demonstrate a deliverable five-year supply of housing land advising that the supply is in the region of 1.03 years. 41. In such circumstances, Paragraph 11 d) states where there are no relevant development plan policies, or the policies which are most important for determining the application are out-of-date, permission should be granted unless one of two scenarios apply. 42. Paragraph 11 d) i states that permission should not be granted when the application of policies in the Framework that protect areas or assets of particular importance, as set out in Footnote 7, provides a strong reason for refusing the development proposed. Green Belt is one such protected area. 43. I have found that the proposed development would be inappropriate development in the Green Belt. It would also result in the loss of openness, albeit this would be moderate. I attach significant weight to this harm, as required by paragraph 153 of the Framework. Such development should not be approved except in very special circumstances whereby the identified harm to the Green Belt, and any other harm resulting from the proposal, is clearly outweighed by other considerations. 44.

Page 6 · Chunk 18 Appeal Decision

Haresfoot Farm, Chesham Road , Berkhamsted , Hertfordshire , HP4 2SU — Dacorum Borough Council — Appeal Decision It is evident that there is an acute need for housing when considering the considerable extent of this shortfall. In this regard the provision of 52 market houses would make a notable contribution towards the area’s housing supply that would meet the needs of the area. The delivery of market housing attracts very significant weight in favour of the proposal. The provision of 34 affordable units of different sizes and tenures cannot be underestimated and also attracts very significant weight when taking into account need and affordability issues in the area. 45. I also attach great weight to the fallback position and the extant planning permission for 61 dwellings at the appeal site. https://www.gov.uk/planning-inspectorate 6

Page 6 · Chunk 19 Appeal Decision

Haresfoot Farm, Chesham Road , Berkhamsted , Hertfordshire , HP4 2SU — Dacorum Borough Council — Appeal Decision It is evident that there is an acute need for housing when considering the considerable extent of this shortfall. In this regard the provision of 52 market houses would make a notable contribution towards the area’s housing supply that would meet the needs of the area. The delivery of market housing attracts very significant weight in favour of the proposal. The provision of 34 affordable units of different sizes and tenures cannot be underestimated and also attracts very significant weight when taking into account need and affordability issues in the area. 45. I also attach great weight to the fallback position and the extant planning permission for 61 dwellings at the appeal site. https://www.gov.uk/planning-inspectorate 6

Page 7 · Chunk 20 Appeal Decision

Haresfoot Farm, Chesham Road , Berkhamsted , Hertfordshire , HP4 2SU — Dacorum Borough Council — Appeal Decision Appeal Decision APP/A1910/W/24/3358032 46. The provision of highway and pedestrian routes would connect the site to Berkhamsted reducing reliance on private vehicles. A biodiversity net gain of 15% for general habitat and 186% for hedgerow habitat would be achieved. This is possible because of the degraded and developed nature of the site and which offers relatively low existing biodiversity value. This biodiversity net gain alongside the provision of publicly accessible open space on site with linkages to the neighbouring SANG provides future residents with outdoor recreation options on their doorstep. These factors alongside the community hub would be benefits of the scheme to which I also attach significant positive weight. 47. Turning to the economic implications - the development would provide jobs, largely during the construction phase. New residents would support local services and facilities including ones located within Berkhamsted and further afield through increased expenditure. These economic benefits attract moderate weight in favour of the proposal. 48. The planning obligations would contribute towards supporting or improving local facilities and infrastructure.

Page 7 · Chunk 21 Appeal Decision

Haresfoot Farm, Chesham Road , Berkhamsted , Hertfordshire , HP4 2SU — Dacorum Borough Council — Appeal Decision However, these would essentially mitigate the impact of the proposed development in planning terms. As such, these are matters of neutral consequence in the overall balance. 49. In my judgement, the harm caused by reason of inappropriateness and any other harm, is clearly outweighed by other considerations in these particular circumstances, so as to amount to the very special circumstances necessary to justify the development. As such, the harm to the Green Belt would not constitute a strong reason for refusing the proposed development. 50. Consequently, paragraph 11 d) ii of the Framework is engaged. It states that planning permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits having particular regard to key policies for directing development to sustainable locations, making effective use of land, securing well-designed places and providing affordable homes, individually or in combination. 51. Taken together and having regard to the above I find that the adverse impacts of the proposal would not significantly and demonstrably outweigh the benefits when assessed against the policies in the Framework when taken as a whole.

Page 7 · Chunk 22 Appeal Decision

Haresfoot Farm, Chesham Road , Berkhamsted , Hertfordshire , HP4 2SU — Dacorum Borough Council — Appeal Decision A decision should thus be taken otherwise than in accordance with the development plan. Conditions 52. In the event of the appeal being allowed, the main parties suggested that 34 conditions would be necessary to make the scheme acceptable. I have considered the suggested conditions in light of the Framework and the Planning Practice Guidance. In the interests of precision and clarity I have undertaken some rationalisation and rewording of the conditions suggested. 53. The relevant time limit has been imposed, as well as a condition specifying the relevant drawings as this provides certainty. 54. So as to ensure a satisfactory form of development conditions for details of materials, hard and soft landscaping, external lighting, sound insulation, bat and nesting boxes, onsite play areas and associated infrastructure are necessary. https://www.gov.uk/planning-inspectorate 7

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Haresfoot Farm, Chesham Road , Berkhamsted , Hertfordshire , HP4 2SU — Dacorum Borough Council — Appeal Decision Appeal Decision APP/A1910/W/24/3358032 55. In the interests of flood risk conditions in respect of drainage measures and surface water management during demolition and construction and details of the sustainable urban drainage systems serving the development have been imposed. 56. Conditions in respect of electric vehicle charging points, off-site highway improvement works, internal roads and parking areas including disabled and visitor parking spaces have been imposed in the interests of the safe and efficient operation of the local highway network. 57. In the interests of safety and human health conditions in respect of fire hydrants, fire suppression measures, land dissolution and land contamination remediation works are necessary. A condition for an Archaeological Written Scheme of Investigation has been imposed to identify and record any remains on site. 58. Conditions for a Construction Management Plan, Construction Environmental Management Plan and Site Waste Management Plan have been imposed to reduce the environmental impact of the works and to safeguard the living conditions of nearby occupiers and highway safety during the construction phase. 59.

Page 8 · Chunk 24 Appeal Decision

Haresfoot Farm, Chesham Road , Berkhamsted , Hertfordshire , HP4 2SU — Dacorum Borough Council — Appeal Decision In the interests of the visual amenity of the area a condition for the development to be carried out in accordance with the submitted Arboricultural Method Statement and Tree Protection Plan has been imposed. 60. The Council suggest as part of a noise condition that external amenity space levels should ideally not exceed 55 dB LAeq,T. The informative nature of this part of the condition indicates that it is not necessary and I have reworded the condition accordingly. 61. The Council has suggested removing permitted development rights for the enlargement, improvement or other alteration of a dwellinghouse; additions to the roof of a dwellinghouse and other alterations to the roof of a dwellinghouse and buildings incidental to the enjoyment of a dwellinghouse falling within Classes A, B, C and E of Schedule 2, Part 1 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (GPDO). 62. Paragraph 55 of the Framework advises planning conditions should not be used to restrict national permitted development rights unless there is clear justification to do so.

Page 8 · Chunk 25 Appeal Decision

Haresfoot Farm, Chesham Road , Berkhamsted , Hertfordshire , HP4 2SU — Dacorum Borough Council — Appeal Decision In the interests of maintaining a satisfactory appearance and adequate amenity space and living conditions for future occupiers I have determined that permitted development rights falling within Class A, B, C and E of the GPDO for a number of plots are to be removed. 63. That said, in respect of Class A, the Council has sought to differentiate rights for single storey and two storey extensions on a number of plots. However, I have not been provided with any clear justification for this approach nor that this is possible having regard to the wording of the GPDO. As such, I am not satisfied that the condition, as suggested, meets the tests set out in national guidance. I have therefore omitted this aspect of the condition. 64. Prior to implementation of permitted development rights, the Council has suggested a condition stating that works cannot commence until they are satisfied that contamination will not pose a risk to human health. However, the suggested condition is not sufficiently precise as to who is responsible for submission of any reports or other information or the trigger point for submission. Moreover, I have https://www.gov.uk/planning-inspectorate 8

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Haresfoot Farm, Chesham Road , Berkhamsted , Hertfordshire , HP4 2SU — Dacorum Borough Council — Appeal Decision Appeal Decision APP/A1910/W/24/3358032 not been presented with any evidence that permitted development rights can be caveated in such a manner. On this basis the condition does not meet the tests for conditions set out in national guidance and has not been imposed. 65. Whilst a condition limiting water consumption to 110 litres per person per day has been suggested, this would fall under different legislation i.e. Building Regulations and therefore is not necessary. 66. The Council has suggested a condition for all the existing buildings to be demolished prior to occupancy of the development. However, there is nothing to indicate that any of the current buildings would be retained when taking into account the proposed layout. Such a condition is therefore not necessary. Conclusion 67. For the reasons set out above the appeal succeeds.

Page 9 · Chunk 27 B Thandi

Haresfoot Farm, Chesham Road , Berkhamsted , Hertfordshire , HP4 2SU — Dacorum Borough Council — B Thandi INSPECTOR https://www.gov.uk/planning-inspectorate 9 Appeal Decision APP/A1910/W/24/3358032 Schedule of conditions 1) The development hereby permitted shall begin not later than 2 years from the date of this decision.

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Haresfoot Farm, Chesham Road , Berkhamsted , Hertfordshire , HP4 2SU — Dacorum Borough Council — B Thandi Appeal Decision APP/A1910/W/24/3358032 Schedule of conditions 1) The development hereby permitted shall begin not later than 2 years from the date of this decision.

Page 10 · Chunk 29 B Thandi

Haresfoot Farm, Chesham Road , Berkhamsted , Hertfordshire , HP4 2SU — Dacorum Borough Council — B Thandi 2) The development hereby permitted shall be carried out in accordance with the following approved plans: Site Location Plan Drawing Number SLP01 Proposed Site Layout Drawing Number 100 Rev B Proposed Coloured Site Layout Drawing Number 101 Rev B Proposed Coloured Site Layout in Context Drawing Number 102 Rev B Tenure Plan Drawing Number 107 Proposed Parking and Cycle Plan Drawing Number 108 Private and Communal Amenity Plan Drawing Number 109 Affordable Location and Tenure Drawing Number 110 Plots 1-3 Floor Plans and Elevations Drawing Number 200 Plots 4-6 Floor Plans and Elevations Drawing Number 201 Plots 7-14 Floor Plans and Elevations Drawing Number 202 Plots 15-17 Floor Plans and Elevations Drawing Number 203 Plots 18-20 Floor Plans and Elevations Drawing Number 204 Plots 21-24 Floor Plans and Elevations Drawing Number 205 Plots 25 Floor Plans and Elevations Drawing Number 206 Plots 26 Floor Plans and Elevations Drawing Number 207 Plots 27 Floor Plans and Elevations Drawing Number 208 Plots 28 Floor Plans and Elevations Drawing Number 209 Plots 29 Floor Plans and Elevations Drawing Number 210 Plots 30 Floor Plans and Elevations Drawing Number 211 Plots 31 Floor Plans and Elevations Drawing Number 212 Plots 32

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Haresfoot Farm, Chesham Road , Berkhamsted , Hertfordshire , HP4 2SU — Dacorum Borough Council — B Thandi Floor Plans and Elevations Drawing Number 213 Plots 33 Floor Plans and Elevations Drawing Number 214 Plots 34 and 54 Floor Plans and Elevations Drawing Number 215 Plots 35 and 55 Floor Plans and Elevations Drawing Number 216 Plots 36-38 Floor Plans and Elevations Drawing Number 217 Plots 39-41 Floor Plans and Elevations Drawing Number 218 Plots 42 and 43 Floor Plans and Elevations Drawing Number 219 Plots 44 and 52 Floor Plans and Elevations Drawing Number 220 Plots 45 and 53 Floor Plans and Elevations Drawing Number 221 Plots 46 and 47 Floor Plans and Elevations Drawing Number 222 https://www.gov.uk/planning-inspectorate 10

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Haresfoot Farm, Chesham Road , Berkhamsted , Hertfordshire , HP4 2SU — Dacorum Borough Council — B Thandi Floor Plans and Elevations Drawing Number 213 Plots 33 Floor Plans and Elevations Drawing Number 214 Plots 34 and 54 Floor Plans and Elevations Drawing Number 215 Plots 35 and 55 Floor Plans and Elevations Drawing Number 216 Plots 36-38 Floor Plans and Elevations Drawing Number 217 Plots 39-41 Floor Plans and Elevations Drawing Number 218 Plots 42 and 43 Floor Plans and Elevations Drawing Number 219 Plots 44 and 52 Floor Plans and Elevations Drawing Number 220 Plots 45 and 53 Floor Plans and Elevations Drawing Number 221 Plots 46 and 47 Floor Plans and Elevations Drawing Number 222 https://www.gov.uk/planning-inspectorate 10

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Haresfoot Farm, Chesham Road , Berkhamsted , Hertfordshire , HP4 2SU — Dacorum Borough Council — B Thandi Appeal Decision APP/A1910/W/24/3358032 Plots 48 and 49 Floor Plans and Elevations Drawing Number 223 Rev A Plots 50 and 51 Floor Plans and Elevations Drawing Number 224 Rev A Plots 56 and 57 Floor Plans and Elevations Drawing Number 225 Plots 58 and 61 Floor Plans and Elevations Drawing Number 226 Plots 62-65 Floor Plans and Elevations Drawing Number 227 Plots 66-69 Floor Plans and Elevations Drawing Number 228 Plots 70-73 Floor Plans and Elevations Drawing Number 229 Plots 74-76 Floor Plans and Elevations Drawing Number 230 Plots 77-79 Floor Plans and Elevations Drawing Number 231 Plots 80-82 Floor Plans and Elevations Drawing Number 232 Plots 83-86 Floor Plans and Elevations Drawing Number 233 Rev A Car Barns Floor Plans and Elevations Drawing Number 300 Car Barns Floor Plans and Elevations Drawing Number 301 Electric Bike Store Floor Plans and Elevations Drawing Number 302 Proposed Street Scene A-A and B-B Drawing Number 400 Proposed Street Scene C-C and D-D Drawing Number 401 Proposed Street Scene E-E Drawing Number 402 Proposed Hub Building Drawing Number 500 Site Access Arrangement (TOPO Survey Base Map) Drawing Number SK01 Rev B White Hill Proposed Improvements Drawing Number SK02 Rev C Chesham Road and White

Page 11 · Chunk 33 B Thandi

Haresfoot Farm, Chesham Road , Berkhamsted , Hertfordshire , HP4 2SU — Dacorum Borough Council — B Thandi Hill Proposed Improvements Drawing Number SK03 Rev C A416 and Chesham Road Roundabout Improvement Proposals Drawing Number SK04 A416 and Chesham Road Improvement Proposals Drawing Number SK05 Site Access Visibility Splay and Double Yellow Lines Drawing Number SK27 3) No development shall take place until a Construction Management Plan has been submitted to, and approved in writing by, the local planning authority.

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Haresfoot Farm, Chesham Road , Berkhamsted , Hertfordshire , HP4 2SU — Dacorum Borough Council — B Thandi Hill Proposed Improvements Drawing Number SK03 Rev C A416 and Chesham Road Roundabout Improvement Proposals Drawing Number SK04 A416 and Chesham Road Improvement Proposals Drawing Number SK05 Site Access Visibility Splay and Double Yellow Lines Drawing Number SK27 3) No development shall take place until a Construction Management Plan has been submitted to, and approved in writing by, the local planning authority. The approved plan shall be adhered to throughout the construction period. 4) No development shall take place until a Construction Environmental Management Plan and Site Waste Management Plan have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details. 5) No development shall take place until an Archaeological Written Scheme of Investigation has been submitted to and approved in writing by the local planning authority. The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of https://www.gov.uk/planning-inspectorate 11

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Haresfoot Farm, Chesham Road , Berkhamsted , Hertfordshire , HP4 2SU — Dacorum Borough Council — B Thandi Appeal Decision APP/A1910/W/24/3358032 Investigation and the provision made for analysis and publication where appropriate. 6) No development shall take place until details and a method statement for interim and temporary drainage measures during demolition and construction phases have been submitted to and approved in writing by the local planning authority. The works shall be carried out in accordance with the approved details during the demolition and construction phases. 7) No development shall take place until a detailed construction phase surface water management plan for the site has been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details. 8) No development shall take place until details of the implementation, adoption, maintenance and management of the sustainable drainage system shall have been submitted to and approved in writing by the local planning authority.

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Haresfoot Farm, Chesham Road , Berkhamsted , Hertfordshire , HP4 2SU — Dacorum Borough Council — B Thandi Those details shall include: i) a timetable for its implementation; ii) details of the SuDS features and connecting drainage structures and maintenance required for each aspect and, iii) a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the effective operation of the sustainable drainage system throughout its lifetime. The sustainable drainage system shall be implemented and thereafter managed and maintained in accordance with the approved details. 9) No development shall take place until details of the surface water drainage network, associated sustainable drainage components and flow control mechanisms and detailed construction method statement have been submitted to and approved in writing by the local planning authority. The scheme shall be implemented in accordance with the approved details prior to first occupation of the development and retained for the lifetime of the development.

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Haresfoot Farm, Chesham Road , Berkhamsted , Hertfordshire , HP4 2SU — Dacorum Borough Council — B Thandi 10) Upon completion of the surface water drainage system, including any SuDS features, and prior to first occupation of the development hereby approved a survey and verification report demonstrating that the surface water drainage system has been constructed in accordance with Condition 9 from an independent surveyor shall be submitted to and approved in writing by the local planning authority. Where necessary, details of corrective works to be carried out shall be included for approval in writing by the local planning authority. Any corrective works required shall be carried out in accordance with a timetable for implementation and subsequently re-surveyed with findings submitted to and approved in writing by the local planning authority. 11) No development shall take place where (following the phase II environmental risk assessment) land affected by contamination is found which poses risks identified as unacceptable in the risk assessment, until a detailed remediation scheme has been submitted to and approved in writing by the local planning authority.

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Haresfoot Farm, Chesham Road , Berkhamsted , Hertfordshire , HP4 2SU — Dacorum Borough Council — B Thandi The scheme shall include an appraisal of remediation options, identification of the preferred option(s), the proposed remediation objectives https://www.gov.uk/planning-inspectorate 12

Page 12 · Chunk 39 B Thandi

Haresfoot Farm, Chesham Road , Berkhamsted , Hertfordshire , HP4 2SU — Dacorum Borough Council — B Thandi The scheme shall include an appraisal of remediation options, identification of the preferred option(s), the proposed remediation objectives https://www.gov.uk/planning-inspectorate 12 Appeal Decision APP/A1910/W/24/3358032 and remediation criteria, and a description and programme of the works to be undertaken including the verification plan. The approved remediation scheme shall be carried out and upon completion a verification report by a suitably qualified contaminated land practitioner shall be submitted to and approved in writing by the local planning authority before the development is occupied. 12) Any contamination that is found during the course of construction of the approved development that was not previously identified shall be reported immediately to the local planning authority. Development on the part of the site affected shall be suspended and a risk assessment carried out and submitted to and approved in writing by the local planning authority. Where unacceptable risks are found remediation and verification schemes shall be submitted to and approved in writing by the local planning authority. These approved schemes shall be carried out before the development is resumed or continued.

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Haresfoot Farm, Chesham Road , Berkhamsted , Hertfordshire , HP4 2SU — Dacorum Borough Council — B Thandi 13) No onsite works above ground level shall commence until a detailed scheme for the necessary offsite highway improvement works referred to in the Transportation Assessment and indicated on Drawing Number SK27 have been submitted to and approved in writing by the local planning authority. The offsite highway improvement works shall be completed prior to first occupation of the development. 14) No development above ground level shall take place until a Geotechnical Report carried out by a suitably qualified Geotechnical Engineer establishing the potential for dissolution and measures to reduce or avoid the likelihood of dissolution has been submitted and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved report. 15) No development above ground level shall take place until details and samples of all external facing materials and finishes have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

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Haresfoot Farm, Chesham Road , Berkhamsted , Hertfordshire , HP4 2SU — Dacorum Borough Council — B Thandi 16) No development shall take place above ground level until details of both hard and soft landscape works have been submitted to and approved in writing by the local planning authority. The landscaping works shall be carried out in accordance with the approved details before any part of the development is first occupied in accordance with the agreed implementation programme. Any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species. 17) No development above ground level shall take place until details of the layout and siting of Electric Vehicle Charging Points have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details and made operational prior to first occupation and shall be retained and maintained thereafter for the lifetime of the development.

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Haresfoot Farm, Chesham Road , Berkhamsted , Hertfordshire , HP4 2SU — Dacorum Borough Council — B Thandi 18) No development above ground level shall take place until a scheme for noise insulation demonstrating the means by which internal noise levels presented in Table 4 of BS8233:2014 will be achieved has been submitted to and https://www.gov.uk/planning-inspectorate 13

Page 13 · Chunk 43 B Thandi

Haresfoot Farm, Chesham Road , Berkhamsted , Hertfordshire , HP4 2SU — Dacorum Borough Council — B Thandi 18) No development above ground level shall take place until a scheme for noise insulation demonstrating the means by which internal noise levels presented in Table 4 of BS8233:2014 will be achieved has been submitted to and https://www.gov.uk/planning-inspectorate 13

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Haresfoot Farm, Chesham Road , Berkhamsted , Hertfordshire , HP4 2SU — Dacorum Borough Council — B Thandi Appeal Decision APP/A1910/W/24/3358032 approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details. 19) No development above ground level shall take place until details of bat boxes and nesting boxes have been submitted to and approved in writing by the local planning authority. The bat and nesting boxes shall be installed prior to first occupation of the development and retained thereafter for the lifetime of the development. 20) No development above ground level shall take place until details of the disabled parking spaces for plots 7, 26, 28, 29 and 32 and visitor spaces have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details and retained for the lifetime of the development. 21) No development above ground level shall take place until a swept path analysis for a fire tender used by Hertfordshire Fire and Rescue has been submitted to and approved in writing by the local planning authority.

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Haresfoot Farm, Chesham Road , Berkhamsted , Hertfordshire , HP4 2SU — Dacorum Borough Council — B Thandi Where appropriate manoeuvrability and/or minimum distances cannot be achieved alternative measures for fire suppression and safety shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details and maintained for the lifetime of the development. 22) Before the development is first occupied the internal access roads, car parking and turning areas shall be laid out, demarcated, surfaced and drained in accordance with the approved details and shall remain available for their designated use for the lifetime of the development. 23) Before the development is first occupied details of any fire hydrants or other measures to protect the development from fire shall be submitted to and approved in writing. The development shall be carried out in accordance with the approved details and retained thereafter for the lifetime of the development. 24) Before the development is first occupied details of the onsite play space(s), including equipment, benches and bins, shall be submitted to and approved in writing by the local planning authority.

Page 14 · Chunk 46 B Thandi

Haresfoot Farm, Chesham Road , Berkhamsted , Hertfordshire , HP4 2SU — Dacorum Borough Council — B Thandi The development shall be carried out in accordance with the approved details before first occupation and retained thereafter for the lifetime of the development. 25) The development shall be carried out in accordance with the Arboricultural Method Statement and Tree Protection Plan (Ref: TPP/HFWBH/010 A). 26) No external lighting is to be installed other than in accordance with a scheme which has first been submitted to and approved in writing by the local planning authority. 27) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re- enacting that Order with or without modification), the garages hereby approved shall be kept available for the parking of vehicles incidental to residential occupation of the dwellings. 28) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re- enacting that Order with or without modification), no enlargement, https://www.gov.uk/planning-inspectorate 14

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Haresfoot Farm, Chesham Road , Berkhamsted , Hertfordshire , HP4 2SU — Dacorum Borough Council — B Thandi Appeal Decision APP/A1910/W/24/3358032 improvement or other alteration of the dwellinghouses, falling within Class A shall be constructed at Plots 1, 2, 25-27, 31-35, 52-56 and 85; additions to the roof of a dwellinghouse, falling within Class B, at Plots 1-3, 5, 6, 15-65, 74-81, 83 - 86; other alterations to the roof of a dwellinghouse falling within Class C at Plots 1-3, 58-65, 77-79 and 83-86 and buildings incidental to the enjoyment of a dwellinghouse falling within Class E at Plots 3, 6, 15, 20, 21, 24, 42, 49, 58, 61, 62, 65, 74, 76, 77, 79, 80, 83 and 86 shall be undertaken. END OF SCHEDULE https://www.gov.uk/planning-inspectorate 15

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

Main issues and findings

Green belt
Against appellant
¶5-8

The development would be an inappropriate development in the Green Belt, but the harm would be moderate and outweighed by the benefits of the development.

Living conditions
For appellant
¶11-13

The development would lead to a moderate impact on the openness of the Green Belt, but the overall harm would be limited.

Planning obligations
For appellant
¶37-38

The planning obligations would contribute towards supporting or improving local facilities and infrastructure, which would offset the harm caused by the development.

Other
For appellant
¶14-19

The development would provide a range of transport solutions, including a community hub, highway improvements, and a car club, which would reduce the need to travel and promote sustainable transport modes.

Ecology and biodiversity
Against appellant
¶32-36

The development would have a significant impact on the Chilterns Beechwoods Special Area of Conservation, but the harm would be mitigated by the provision of a SANG and financial contribution towards SAMM measures.

Other
For appellant
¶50

The development would be an appropriate location for new housing development, having regard to the accessibility to nearby services and facilities.

Policies relied on

Reference Weight
NPPF 208
Determinative
Policy CS1
Substantial
Policy CS5
Moderate
Paragraph 78 of the Framework
Substantial

Site constraints from the Casework Database

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

Source

Decision letter, 15 pages, issued by the Planning Inspectorate on 17 September 2025 under the Open Government Licence.