Case 3367037

Holly Cottage , Lower Hatfield Road, Bayford, HERTFORD, SG13 8LA

East Hertfordshire District Council — appeal allowed

Outcome
Allowed
Decision date
11 September 2025
Authority
East Hertfordshire District Council
Inspector
Gardner L
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Reserved Matters
Development type
Change of use
Appellant
Brickmort Investments Ltd
LPA reference
3/24/0103/FUL
ONS LPA code
E07000242
Jurisdiction
Transferred
Link status
Not Linked
Start date
23 June 2025

Summary AI

The appeal was allowed due to the benefits of the proposal outweighing the harm associated with it. The development would introduce two additional dwellings in a location where sustainable transport modes and pedestrian and cycle movements are not prioritized, but the benefits of re-using existing buildings and the measures proposed to create energy-efficient housing were considered to outweigh the harm. The proposal would also result in fewer carbon emissions than new build housing.

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Page 1 · Chunk 0 Appeal Decision

Holly Cottage , Lower Hatfield Road, Bayford, HERTFORD, SG13 8LA — East Hertfordshire District Council — Appeal Decision Site visit made on 13 August 2025 by L Gardner MRTPI an Inspector appointed by the Secretary of State Decision date: 11th September 2025 Appeal Ref: APP/J1915/W/25/3367037 Holly Cottage, Lower Hatfield Road, Bayford, Hertfordshire SG13 8LA • 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 Mr Shaun Savage of Brickmort Investments Ltd against the decision of East Hertfordshire District Council. • The application Ref is 3/24/0103/FUL. • The development proposed is change of use and conversion of garage and stable buildings to form new dwellings, changes to fenestration and doors, provision of dormer windows, laying out of access and turning areas, car and cycle parking, bin storage and gardens, landscape planting and ancillary development. Decision 1.

Page 1 · Chunk 1 Appeal Decision

Holly Cottage , Lower Hatfield Road, Bayford, HERTFORD, SG13 8LA — East Hertfordshire District Council — Appeal Decision The appeal is allowed and planning permission is granted for change of use and conversion of garage and stable buildings to form new dwellings, changes to fenestration and doors, provision of dormer windows, laying out of access and turning areas, car and cycle parking, bin storage and gardens, landscape planting and ancillary development at Holly Cottage, Lower Hatfield Road, Bayford, Hertfordshire SG13 8LA in accordance with the terms of the application, Ref 3/24/0103/FUL, subject to the conditions in the attached schedule. Preliminary Matters 2. Within the appellant’s supporting planning statement, a number of listed buildings and Bayfordbury Grade II listed Park and Garden were identified in the surrounding context. Both parties were invited to provide clarification on this matter in relation to the effect of the appeal proposal on the setting of the nearby listed assets. 3. I have taken the comments received into account in the determination of the appeal. It is noted that the Council’s Conservation and Urban Design team has identified harm to the significance of the designated heritage assets not previously referred to in the Council’s decision.

Page 1 · Chunk 2 Appeal Decision

Holly Cottage , Lower Hatfield Road, Bayford, HERTFORD, SG13 8LA — East Hertfordshire District Council — Appeal Decision The Council has acknowledged that given the delegated officer report did not identify such impacts, it will not be offering further justification through the appeal. 4. Nevertheless, I have had regard to the statutory duty under Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (the Act) which requires special regard to be given to the desirability of preserving listed buildings including in respect to their setting. https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Appeal Decision

Holly Cottage , Lower Hatfield Road, Bayford, HERTFORD, SG13 8LA — East Hertfordshire District Council — Appeal Decision The Council has acknowledged that given the delegated officer report did not identify such impacts, it will not be offering further justification through the appeal. 4. Nevertheless, I have had regard to the statutory duty under Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (the Act) which requires special regard to be given to the desirability of preserving listed buildings including in respect to their setting. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 4 Appeal Decision

Holly Cottage , Lower Hatfield Road, Bayford, HERTFORD, SG13 8LA — East Hertfordshire District Council — Appeal Decision Appeal Decision APP/J1915/W/25/3367037 Main Issues 5. The main issues are: • whether the proposal would be suitably located having regard to relevant development plan policies concerning the settlement hierarchy and transportation modes; and the effect of the proposal on • the provision of equestrian facilities; • flood risk; • highway safety, with particular regard to pedestrians; and • foul drainage. Reasons Location 6. Policy DPS2 of the East Herts District Plan (EHDP) (2018) sets the strategy for the delivery of sustainable development in accordance with a hierarchy beginning with sustainable brownfield sites, before cascading down to limited development in villages. Nevertheless, this policy makes no explicit reference to development within the Green Belt, which is potentially permissible elsewhere within the development plan, in line with national policy. 7. The Council has accepted that the appeal proposal would not be inappropriate development in the Green Belt, partly on the basis that it would fall within the exception relating to the re-use of existing buildings of permanent and substantial construction (paragraph 154 h) iv) of the National Planning Policy Framework (the Framework)).

Page 2 · Chunk 5 Appeal Decision

Holly Cottage , Lower Hatfield Road, Bayford, HERTFORD, SG13 8LA — East Hertfordshire District Council — Appeal Decision Based on the evidence before me, I see no reason to take a different view on this matter. It therefore follows that development outside of the hierarchy specifically referred to in Policy DPS2 can still be accepted in principle, and thus Policy DPS2 does not cover every potential development scenario. 8. Policy TRA1 of the EHDP seeks for development proposals to be primarily located in places which enable sustainable journeys to be made to key services and facilities, to help aid carbon emission reduction. The appeal site is relatively isolated in its location, being some distance from the nearest settlement. 9. Although the main access at St Marys Lane does provide a route to the village of Hertingfordbury, which has some limited facilities, the road is rural in nature with no footpaths or streetlamps. It would therefore make an unattractive route for occupiers of the proposed dwellings to travel to the nearest facilities by foot or cycle. Based on the location of the site, the occupiers of the proposed dwellings are likely to rely on the use of a private vehicle to access key services and facilities. 10.

Page 2 · Chunk 6 Appeal Decision

Holly Cottage , Lower Hatfield Road, Bayford, HERTFORD, SG13 8LA — East Hertfordshire District Council — Appeal Decision In this respect there is some conflict with Policy TRA1 of the EHDP and the provisions of the Framework which relate to the prioritisation of sustainable transport modes and pedestrian and cycle movements. However, there is an acknowledgement within the supporting text for Policy TRA1 of the EHDP, that https://www.gov.uk/planning-inspectorate 2

Page 2 · Chunk 7 Appeal Decision

Holly Cottage , Lower Hatfield Road, Bayford, HERTFORD, SG13 8LA — East Hertfordshire District Council — Appeal Decision In this respect there is some conflict with Policy TRA1 of the EHDP and the provisions of the Framework which relate to the prioritisation of sustainable transport modes and pedestrian and cycle movements. However, there is an acknowledgement within the supporting text for Policy TRA1 of the EHDP, that https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 8 Appeal Decision

Holly Cottage , Lower Hatfield Road, Bayford, HERTFORD, SG13 8LA — East Hertfordshire District Council — Appeal Decision Appeal Decision APP/J1915/W/25/3367037 opportunities to maximise sustainable transport solutions will vary from urban to rural areas. 11. Elsewhere within the Framework, isolated homes in the countryside are potentially permissible in a defined list of circumstances. One of these relates to if the development would re-use redundant or disused buildings and enhance its immediate setting. Despite adopting this approach in decisions elsewhere within the District (planning reference 3/21/2564/FUL) the Council is of the view that this paragraph is not applicable to the appeal scheme, as the buildings subject to the appeal proposal are not redundant or disused. 12. During my site visit, I observed that both buildings were empty with little to suggest that they have been in recent active usage. I note that at the time of the Council’s site visit they were used for storage associated with Holly Cottage, but I observed no evidence of this. I also note that the comments of Bayford Parish Council suggest that a dwelling in this location would need a garage for storage purposes and the parking of vehicles.

Page 3 · Chunk 9 Appeal Decision

Holly Cottage , Lower Hatfield Road, Bayford, HERTFORD, SG13 8LA — East Hertfordshire District Council — Appeal Decision However, I have little before me to suggest that the required storage for the dwelling could not be achieved within the house, or that the parking spaces assigned for Holly Cottage would not be adequate for the purposes of parking vehicles. 13. I am therefore satisfied that the buildings can be considered as disused in the context of paragraph 84 of the Framework. The development of the site would lead to an enhancement to the immediate setting through the replacement of some areas of hardstanding and the introduction of new soft landscaping. 14. There is inevitably some tension between the re-use of existing buildings and sustainability objectives, specifically in relation to transportation modes. However, noting the intentions of Policy TRA1 of the EHDP in terms of reducing carbon emissions, the re-use of existing buildings also has benefits in terms of reduced emissions during the construction process. 15. Whilst I have found no specific conflict with Policy DPS2 of the EHDP, the development would cause some conflict with Policy TRA1 of the EHDP. Equestrian facilities 16.

Page 3 · Chunk 10 Appeal Decision

Holly Cottage , Lower Hatfield Road, Bayford, HERTFORD, SG13 8LA — East Hertfordshire District Council — Appeal Decision Policy CFLR6 of the EHDP relates to equine development, stating that proposals that result in the loss of equestrian facilities should be accompanied by an equestrian needs assessment which demonstrates that the facilities are no longer needed. No such assessment has been presented to support the appeal scheme. Elsewhere within the policy and the supporting text, there is specific mention of criteria relating to domestic and commercial facilities. However, in relation to the loss of existing facilities, domestic facilities are not explicitly mentioned. 17. It is a matter of dispute between the parties as to whether an equestrian needs assessment should be required for the loss of a domestic stable building. Both parties have provided appeal decisions within the District which have dealt with this matter.1 Whilst I have taken these decisions into account, I note that the policy has been interpreted in different ways, and therefore the decisions are not conclusive on the matter. 1 APP/J1915/W/19/3221608; APP/J1915/W/19/3221609; APP/J1915/W/20/3253823; APP/J1915/W/24/3354166 https://www.gov.uk/planning-inspectorate 3

Page 4 · Chunk 11 Appeal Decision

Holly Cottage , Lower Hatfield Road, Bayford, HERTFORD, SG13 8LA — East Hertfordshire District Council — Appeal Decision Appeal Decision APP/J1915/W/25/3367037 18. Based on a lack of specific equestrian needs assessment, I have little before me to suggest that there is not an ongoing demand for domestic stabling within the surrounding area. The stables do not have permission for a commercial use and therefore the list of livery yards within a 30-minute drive of the appeal site has little relevance. 19. Policy CFLR6 sits within the ‘Community Facilities, Leisure and Recreation’ chapter of the EHDP. The introductory text of this chapter is focused on the benefits associated with community facilities. Given that the stable building is for a domestic use, I consider that the loss of the stable would not undermine the overall aim of Policy CFLR6 of the EHDP. 20. Notwithstanding this, there would still be some conflict with Policy CFLR6 of the EHDP through the loss of equestrian facilities, without an equestrian needs assessment required by the policy. Flood risk 21. The appeal site is at risk of fluvial flooding with the stable block proposed for conversion to Plot 1 being partially within Flood Zones 2 and 3. The main vehicular access into the site from St Marys Lane is also within Flood Zone 3.

Page 4 · Chunk 12 Appeal Decision

Holly Cottage , Lower Hatfield Road, Bayford, HERTFORD, SG13 8LA — East Hertfordshire District Council — Appeal Decision However, the garage proposed for conversion to Plot 2 is within Flood Zone 1. 22. Policy WAT1 of the EHDP relates to flood risk management and states, amongst other matters, that development proposals should not increase the risk to people. The sequential and exception tests detailed within the Framework are not applicable given that the development proposed relates to a change of use. A site- specific flood risk assessment is nevertheless required. 23. Within the reason for refusal, it is suggested that the change to a more vulnerable use (residential) is not considered acceptable in principle. Elsewhere within the evidence, concern is specifically raised regarding the main access and egress into the site being within Flood Zone 3 and that the proposed emergency access would only serve pedestrians. 24. Despite its positioning within Flood Zone 3, the main vehicular access would remain usable in the vast majority of flood events due to the likely depth and velocity of flood waters. Based on the evidence before me, the likelihood of occupiers needing to use the emergency pedestrian egress from the site would therefore be low. 25.

Page 4 · Chunk 13 Appeal Decision

Holly Cottage , Lower Hatfield Road, Bayford, HERTFORD, SG13 8LA — East Hertfordshire District Council — Appeal Decision Neither Policy WAT1 of the EHDP nor the Framework are explicit in requiring that safe evacuation from a flood event should include the ability for vehicles to also leave the site. In the context of the aims of Policy WAT1 of the EHDP, to not increase risk to people, an escape route for pedestrians would in this case be sufficient, particularly noting the position of the appeal site at the extremity of the flood plain, where rapid flow is less likely to occur. 26. I note that the Council observed surface water flooding in fields close to the site. However, the evidence before me, including an extract of a Surface Water Map for planning, does not lead me to conclude that the appeal site itself is at high risk of surface water flooding. 27. A 300mm pipe inlet which discharges to the River Lee is present beneath Lower Hatfield Road at the eastern corner of the site. Given the limited flow within this https://www.gov.uk/planning-inspectorate 4

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Holly Cottage , Lower Hatfield Road, Bayford, HERTFORD, SG13 8LA — East Hertfordshire District Council — Appeal Decision Appeal Decision APP/J1915/W/25/3367037 drain, I am satisfied that its presence would not compound the flood risks to the site. 28. Based on the above, the proposal would have an acceptable effect on flood risk and would not conflict with Policy WAT1 of the EHDP. Highway safety 29. Policy TRA2 of the EHDP states that development should ensure that safe and suitable access can be achieved for all users, requiring access proposals to be acceptable in highway safety terms. The appeal proposal includes a secondary pedestrian access onto Lower Hatfield Road. There are no footways along Lower Hatfield Road at the point of the appeal site. 30. As above, the purpose of the access is to provide an emergency route in flood events. It would also serve to allow proposed occupiers a shorter route for moving their bins for collection, which would be a convenient location for waste purposes. 31. The pedestrian access onto Lower Hatfield Road would be secondary to the main access which leads onto St Marys Lane. I understand that public footpaths in the area are accessible via the main access on St Marys Lane.

Page 5 · Chunk 15 Appeal Decision

Holly Cottage , Lower Hatfield Road, Bayford, HERTFORD, SG13 8LA — East Hertfordshire District Council — Appeal Decision The desirability for pedestrians to use the secondary pedestrian access onto Lower Hatfield Road would therefore be limited, other than in times of flood. On these occasions, occupiers would likely make arrangements for vehicular transportation away from the flood event rather than using Lower Hatfield Road as a walking route. 32. No concerns have been raised in respect to the safety of the primary access to the appeal site from St Marys Lane and I find no reason to reach a different view on this matter. Given that the usage of the secondary access onto Lower Hatfield Lane would be limited, likely solely to times of emergency, the risk of pedestrians conflicting with vehicular traffic would be low. On this basis, I find that the proposal would have an acceptable effect on highway safety and would not conflict with Policy TRA2 of the EHDP. Foul drainage 33. Through the appeal process, the appellant has provided copies of a permit for the discharge of foul drainage from the site for each plot. The Environment Agency have confirmed that, based on the provision of the permits, they are now satisfied that risks to controlled waters would be adequately managed.

Page 5 · Chunk 16 Appeal Decision

Holly Cottage , Lower Hatfield Road, Bayford, HERTFORD, SG13 8LA — East Hertfordshire District Council — Appeal Decision Based on the evidence before me, I am satisfied that the proposal would not have an adverse effect on foul drainage. 34. Policy WAT2 of the EHDP relates to source protection zones, requiring a submission of an assessment of potential impacts and any mitigation measures required for various development types. This list of development types does not refer to residential uses or changes of use and therefore there would be no conflict with this policy. Other Matters 35. The closest listed buildings to the appeal site are a cluster of buildings within Bayfordbury Park Farm to the north east of the site. This includes the main farmhouse, which has historical associations as a manor house which was relegated when the Grade II* listed Bayfordbury country house was built to the https://www.gov.uk/planning-inspectorate 5

Page 6 · Chunk 17 Appeal Decision

Holly Cottage , Lower Hatfield Road, Bayford, HERTFORD, SG13 8LA — East Hertfordshire District Council — Appeal Decision Appeal Decision APP/J1915/W/25/3367037 south with the associated Park and Garden. The significance of this building is partially derived from its architectural detailing as a long Neo-classical house set in listed parkland on the brow of a hill. 36. Having regard to the form of development proposed, which largely relates to a conversion scheme, and the intervening distance between the appeal site and the listed assets, the appeal proposal would preserve the setting of the listed assets, the significance of which would not be harmed. 37. I note that comments were received during the application raising concern relating to the capability of the building’s conversion, specifically the ceiling heights within the stable building proposed to be Plot 1. However, the Council has raised no concerns in respect to the living conditions of the proposed future occupiers. Based on the evidence before me, I see no reason to reach a different conclusion on this matter. Planning Balance 38. The proposed development would introduce two additional dwellings in a location which cannot reasonably prioritise sustainable transport modes and pedestrian and cycle movements.

Page 6 · Chunk 18 Appeal Decision

Holly Cottage , Lower Hatfield Road, Bayford, HERTFORD, SG13 8LA — East Hertfordshire District Council — Appeal Decision It would also lead to the loss of equestrian facilities which is resisted by the development plan in the absence of specific justification. As such, the proposal would not accord with the development plan when read as a whole. 39. The Council is currently unable to demonstrate a five-year supply of deliverable housing sites. The appellant’s evidence suggests the current calculation as being between 3.4 and 3.7 years. The Council has not disputed this figure. This is a notable shortfall which warrants the application of paragraph 11(d) of the Framework. This paragraph relates to the presumption in favour of sustainable development, stating that permission should be granted unless the adverse impacts of doing so would significantly and demonstrably outweigh the benefits. 40. Whilst I appreciate the Council’s aim to guide development to the most accessible locations, there is support for the development through the Framework, both as being not inappropriate development in the Green Belt and through paragraph 84. On this basis, the Council’s policies in respect to the settlement hierarchy and transportation modes are not determinative in this case.

Page 6 · Chunk 19 Appeal Decision

Holly Cottage , Lower Hatfield Road, Bayford, HERTFORD, SG13 8LA — East Hertfordshire District Council — Appeal Decision I have also found that the actual level of harm to the provision of equestrian facilities would be modest noting that the stable building is for domestic use. I have therefore given the conflict with the development plan in respect to these matters limited weight in my decision. 41. Two additional dwellings would not greatly improve total supply but in the current circumstances, any additional provision would be valuable. The appeal proposal would bring forward housing at a small scale, on previously developed land, both of which are recognised as being beneficial by the Framework. It would also result in fewer carbon emissions than new build housing, owing to the sustainability benefits associated with re-using existing buildings and the measures which are proposed to be in place through the construction to create energy efficient housing. There are other associated social, environmental and economic benefits including support to an existing rural community, employment generated through construction, and the incorporation of ecological enhancements and new landscaping. I have given these benefits moderate weight. https://www.gov.uk/planning-inspectorate 6

Page 7 · Chunk 20 Appeal Decision

Holly Cottage , Lower Hatfield Road, Bayford, HERTFORD, SG13 8LA — East Hertfordshire District Council — Appeal Decision Appeal Decision APP/J1915/W/25/3367037 42. The adverse effects of the proposal, namely in relation to the accessibility of the appeal site and the loss of equestrian facilities, are not considered to be so harmful as to significantly and demonstrably outweigh the benefits of the proposal outlined above, when assessed against the Framework taken as a whole. As a result, the presumption in favour of sustainable development should be applied and paragraph 11(d) indicates that permission should be granted. There are no other material considerations to override this finding. Conditions 43. I have considered the conditions put forward by the Council, having regard to the six tests set out in the Framework. Where necessary I have amended the wording in the interests of effectiveness and precision. 44. In the interests of certainty and clarity, I have imposed the standard conditions relating to the commencement of development as well as the approved plans. 45. The proposal represents the development of previously developed land where an initial risk assessment has advised that further work is undertaken in relation to potential ground contamination risks of the site.

Page 7 · Chunk 21 Appeal Decision

Holly Cottage , Lower Hatfield Road, Bayford, HERTFORD, SG13 8LA — East Hertfordshire District Council — Appeal Decision It is necessary that these are pre- commencement conditions so that any required remediation can be incorporated into the development. The appellant was given notice in accordance with Regulation 2(1)(b) of the Town and Country Planning (Pre-commencement Conditions) Regulations 2018. Confirmation has been received that the appellant would be satisfied with the terms of the conditions. 46. The Council has suggested a pre-commencement condition for the submission of the external materials. However, the application form and the plans are clear that the majority of the materials will match those in the existing buildings. The roof of the stable building would be changed to clay roof tiles rather than a metal roof but details of this do not need to be secured prior to the commencement of all development. 47. A condition is requested seeking a detailed biodiversity gain plan. However, the officer report is clear that the application was submitted prior to the mandatory biodiversity net gain requirement and therefore this condition would not be reasonable.

Page 7 · Chunk 22 Appeal Decision

Holly Cottage , Lower Hatfield Road, Bayford, HERTFORD, SG13 8LA — East Hertfordshire District Council — Appeal Decision I do however consider it reasonable to require details of further landscaping and tree planting on the basis that I have given this weight in the context of it leading to an enhancement to the immediate setting of the site. It is also reasonable to require further details of habitat boxes in order for the development to comply with Policy NE1 of the EHDP. 48. Noting that part of the site is at risk of flooding, it is necessary to ensure that appropriate flood warning and evacuation measures are in place. I note that the Council have also requested additional flood resilience measures. Whilst the submitted flood risk assessment is clear that these will not be required for the garage building, it does go on to suggest that air bricks beneath the finished floor level will be of an automatic anti-flood variety within the stable building. It is therefore reasonable to seek further details of these measures. 49. A condition requiring details of refuse and recycling facilities is necessary in the interests of visual amenity. It is also necessary to secure the parking spaces proposed as part of the development to prevent the risk of on street parking.

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Holly Cottage , Lower Hatfield Road, Bayford, HERTFORD, SG13 8LA — East Hertfordshire District Council — Appeal Decision In the interests of sustainable travel, a condition requiring details of cycle storage is also https://www.gov.uk/planning-inspectorate 7

Page 7 · Chunk 24 Appeal Decision

Holly Cottage , Lower Hatfield Road, Bayford, HERTFORD, SG13 8LA — East Hertfordshire District Council — Appeal Decision In the interests of sustainable travel, a condition requiring details of cycle storage is also https://www.gov.uk/planning-inspectorate 7

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Holly Cottage , Lower Hatfield Road, Bayford, HERTFORD, SG13 8LA — East Hertfordshire District Council — Appeal Decision Appeal Decision APP/J1915/W/25/3367037 reasonable. The Council have suggested an additional condition for a charging point for an electric vehicle, but this is secured through Building Regulations for new dwellings and therefore it is not necessary for me to also impose it on the decision. 50. The Council have suggested conditions relating to water efficiency and the installation of low emissions boilers. Whilst I have varied the wording of these, their inclusion is still considered reasonable in the interests of maintaining acceptable housing standards and to comply with Policies WAT4 and EQ4 of the EHDP. 51. The Environment Agency have suggested a condition in relation to contamination found during the course of construction. The imposition of this condition is necessary to ensure that potable water supplies are protected and in order for the development to comply with Policy WAT2 of the EHDP. 52. Whilst not included within the Council’s list of conditions, I note that the Council’s Environmental Health Officer has suggested various conditions in relation to noise, construction, waste and dust.

Page 8 · Chunk 26 Appeal Decision

Holly Cottage , Lower Hatfield Road, Bayford, HERTFORD, SG13 8LA — East Hertfordshire District Council — Appeal Decision However, given the relatively isolated location of the site, I do not consider that any of these suggested conditions are necessary to make the development acceptable. 53. I also note that the representations from the Council’s Conservation and Urban Design team refer to the potential of removing permitted development rights, including those for ancillary outbuildings. Planning Practice Guidance states that conditions restricting the future use of permitted development rights may not pass the test of reasonableness or necessity. In this case, given my conclusions in respect to the effect of the development on the setting of nearby heritage assets, I do not consider that the removal of permitted development rights would be reasonable. 54. The Council have requested that the dwellings are constructed in accordance with the ‘Sustainable Construction Energy Water and Carbon Reduction Statement’ and ‘Sustainability Checklist’. Having reviewed these documents, the principles are established through the submitted plans. Other than the elements which have been secured through separate conditions (e.g. in relation to water consumption) the compliance with these documents would not be required to make the development acceptable.

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Holly Cottage , Lower Hatfield Road, Bayford, HERTFORD, SG13 8LA — East Hertfordshire District Council — Appeal Decision Conclusion 55. Whilst conflict with the development plan has been identified, the harm associated would not significantly and demonstrably outweigh the benefits of the proposal when assessed against the policies in the Framework taken as a whole. I therefore conclude that the appeal should be allowed.

Page 8 · Chunk 28 L Gardner

Holly Cottage , Lower Hatfield Road, Bayford, HERTFORD, SG13 8LA — East Hertfordshire District Council — L Gardner INSPECTOR https://www.gov.uk/planning-inspectorate 8

Page 8 · Chunk 29 L Gardner

Holly Cottage , Lower Hatfield Road, Bayford, HERTFORD, SG13 8LA — East Hertfordshire District Council — L Gardner INSPECTOR https://www.gov.uk/planning-inspectorate 8 Appeal Decision APP/J1915/W/25/3367037 Schedule of Conditions 1) The development hereby permitted shall begin not later than three years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with the drawing nos, 432/001, 156/04 Rev. B, 156/05 Rev A and 156/06 Rev. D. 3) No development shall commence until an assessment of the risks posed by any contamination (including gases and water quality) has been submitted to and approved in writing by the local planning authority. This assessment must be undertaken by a suitably qualified contaminated land practitioner, in accordance with British Standard BS 10175: Investigation of potentially contaminated sites - Code of Practice and the Environment Agency - Land Contamination Risk Management (LCRM) (or equivalent British Standard and Model Procedures if replaced), and shall assess any contamination on the site, whether or not it originates on the site.

Page 9 · Chunk 30 L Gardner

Holly Cottage , Lower Hatfield Road, Bayford, HERTFORD, SG13 8LA — East Hertfordshire District Council — L Gardner The assessment shall include: -a survey of the extent, scale and nature of contamination; -the potential risks to human health; -property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes; -adjoining land; -ground waters and surface waters; and -ecological systems. 4) No development shall take place where (following the 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. The scheme shall include an appraisal of remediation options, identification of the preferred option(s), the proposed remediation objectives and remediation criteria, and a description and programme of the works to be undertaken including the verification plan. The remediation scheme shall be sufficiently detailed and thorough to ensure that upon completion the site will not qualify as contaminated land under Part IIA of the Environmental Protection Act 1990 in relation to its intended use.

Page 9 · Chunk 31 L Gardner

Holly Cottage , Lower Hatfield Road, Bayford, HERTFORD, SG13 8LA — East Hertfordshire District Council — L Gardner 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. 5) The external surfaces of the development hereby permitted shall be constructed in the materials shown on plan references 156/04 Rev. B and 156/05 Rev A. No development in respect solely to the replacement of the roof on the stable building shall take place until samples of the roof materials have been submitted to and approved in writing by the local planning authority. The development shall thereafter be carried out in accordance with the approved sample details. https://www.gov.uk/planning-inspectorate 9

Page 10 · Chunk 32 L Gardner

Holly Cottage , Lower Hatfield Road, Bayford, HERTFORD, SG13 8LA — East Hertfordshire District Council — L Gardner Appeal Decision APP/J1915/W/25/3367037 6) Prior to first occupation of the development hereby approved details of both hard and soft landscaping works shall be submitted to and approved in writing by the local planning authority. These details shall include: Earthworks showing existing and proposed finished levels or contours; Hard surfacing materials; Retained landscape features; Full specification of all proposed tree planting including the quantity, size, species, and positions or density of all trees to be planted, how they will be planted and protected and the proposed time of planting; 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.

Page 10 · Chunk 33 L Gardner

Holly Cottage , Lower Hatfield Road, Bayford, HERTFORD, SG13 8LA — East Hertfordshire District Council — L Gardner 7) Prior to first occupation of the development hereby approved, the following information shall be submitted to and approved in writing by the local planning authority: A detailed flood warning and evacuation plan; Details of any required additional flood resilience measures to be incorporated within the development. Any required resilience measures shall be installed in accordance with the approved details before any part of the development is first occupied. The approved flood warning and evacuation plan shall be adhered to for the lifetime of the development. 8) Prior to the first occupation of the development hereby approved, details of habitat boxes / structures to be installed on the buildings shall be submitted to and approved in writing by the local planning authority. The boxes / structures shall be installed in accordance with the approved details before any part of the development is first occupied. 9) Notwithstanding the details shown on the submitted drawings, the dwellings hereby approved shall not be first occupied until refuse and recycling facilities are provided in accordance with details first submitted to and approved in writing by the local planning authority.

Page 10 · Chunk 34 L Gardner

Holly Cottage , Lower Hatfield Road, Bayford, HERTFORD, SG13 8LA — East Hertfordshire District Council — L Gardner The refuse and recycling facilities shall thereafter be retained in perpetuity. 10) Prior to the first occupation of the development hereby approved, the car parking provision shown on plan reference 156/06 Rev. D shall be laid out and surfaced in accordance with details first submitted to and approved in writing by the local planning authority. The spaces shall thereafter be retained in perpetuity. 11) Notwithstanding the details shown on the submitted drawings the dwellings hereby approved shall not be first occupied until cycle storage is provided in accordance with details first submitted to and approved in writing by the local planning authority. The cycle storage shall thereafter be retained in perpetuity. https://www.gov.uk/planning-inspectorate 10

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Holly Cottage , Lower Hatfield Road, Bayford, HERTFORD, SG13 8LA — East Hertfordshire District Council — L Gardner Appeal Decision APP/J1915/W/25/3367037 12) Prior to the first occupation of the development hereby approved, details of the internal consumption of potable water shall be submitted to and approved in writing by the Local Planning Authority. The submitted details shall demonstrate reduced water consumption through the use of water efficient fittings, appliances and recycling systems to show consumption equal to or less than 110 litres per person per day for the residential use hereby approved. The approved details shall be implemented prior to first occupation and operated in complete accordance with the approved details and retained as such thereafter. 13) Prior to the first occupation of the development hereby approved, the dwellings shall be fitted with Ultra-Low NOx boilers with maximum NOx Emissions less than 40 mg/kWh. Where any installations do not meet this emissions standard it should not be operated without the fitting of suitable NOx abatement equipment or technology as determined by a specialist to ensure comparable emissions. The installation of the boilers shall be carried out prior to first occupation in strict accordance with these details and shall thereafter be retained in perpetuity.

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Holly Cottage , Lower Hatfield Road, Bayford, HERTFORD, SG13 8LA — East Hertfordshire District Council — L Gardner 14) Any contamination that is found during the course of construction of the development hereby permitted 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 until a risk assessment has been carried out and submitted to and approved in writing by the local planning authority. Where unacceptable risks are found, the development shall not resume or continue until remediation and verification schemes have been carried out in accordance with details that shall first have been submitted to and approved in writing by the local planning authority. END OF SCHEDULED CONDITIONS https://www.gov.uk/planning-inspectorate 11

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

Main issues and findings

Planning obligations
Against appellant
¶42

The development plan policies in respect to the settlement hierarchy and transportation modes were not determinative in this case, and the actual level of harm to the provision of equestrian facilities would be modest.

Housing land supply
For appellant
¶40

The Council is currently unable to demonstrate a five-year supply of deliverable housing sites, and the appellant’s evidence suggests a shortfall of between 3.4 and 3.7 years.

Character and appearance
Neutral
¶36

The appeal proposal would preserve the setting of the listed assets, and the significance of which would not be harmed.

Flood risk
For appellant
¶24

The likelihood of occupiers needing to use the emergency pedestrian egress from the site would be low, and an escape route for pedestrians would in this case be sufficient.

Highway safety
For appellant
¶32

The usage of the secondary access onto Lower Hatfield Lane would be limited, likely solely to times of emergency, and the risk of pedestrians conflicting with vehicular traffic would be low.

Other
For appellant
¶33

The Environment Agency have confirmed that, based on the provision of the permits, they are now satisfied that risks to controlled waters would be adequately managed.

Policies relied on

Reference Weight
DPS2
Limited
TRA1
Limited
CFLR6
Limited
WAT1
Limited
TRA2
Limited
WAT2
Limited

Site constraints from the Casework Database

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

Source

Decision letter, 11 pages, issued by the Planning Inspectorate on 11 September 2025 under the Open Government Licence.