Land Adjacent To Norris Close, Napsbury, St Albans, Hertfordshire, AL2 1WW
St Albans City Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 16 January 2026
- Authority
- St Albans City Council
- Inspector
- Lawrence R
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Unknown
- Development type
- Minor Dwellings
- Appellant
- Zed Property Development Ltd
- LPA reference
- 5/2025/0944
- ONS LPA code
- E07000240
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 13 August 2025
Summary AI
The appeal was dismissed due to the potential harm to the Conservation Area and Registered Park and Garden, despite the public benefits of the proposal. The inspector found that the less than substantial harm would outweigh the public benefits and that the site is not suitable for residential development.
PDF text
Land Adjacent To Norris Close, Napsbury, St Albans, Hertfordshire, AL2 1WW — St Albans City Council — Appeal Decision Site visit made on 4 December 2025 by R Lawrence BSc (Hons), PGDip (TP), MRTPI an Inspector appointed by the Secretary of State Decision date: 16 January 2026 Appeal Ref: APP/B1930/W/25/3370122 Land Adjacent to Norris Close, Napsbury, St Albans, Hertfordshire AL2 1WW • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant permission in principle. • The appeal is made by Zed Property Development Ltd against the decision of St Albans City Council. • The application Ref is 5/25/0944. • The development proposed is the construction of between 2 and 9 dwellings. Decision 1. The appeal is dismissed. Preliminary Matters 2. The proposal is for permission in principle. Planning Practice Guidance (PPG) advises that this is an alternative way of obtaining planning permission for housing- led development. The permission in principle consent route has 2 stages: the first stage (or permission in principle stage) establishes whether a site is suitable in- principle and the second (technical details consent) stage is when the detailed development proposals are assessed. This appeal relates to the first of these 2 stages. 3.
Land Adjacent To Norris Close, Napsbury, St Albans, Hertfordshire, AL2 1WW — St Albans City Council — Appeal Decision The scope of the considerations for permission in principle is limited to location, land use and the amount of development permitted. All other matters are considered as part of a subsequent Technical Details Consent (TDC) application if permission in principle is granted. I have determined the appeal accordingly. 4. The draft Local Plan was submitted for Examination in November 2024, with hearings held in Spring and Autumn 2025. Although the plan is at an advanced stage, both parties acknowledge that significant modifications may be necessary. As a result, the emerging plan carries limited weight. The Council is not relying on emerging policies and has not concluded on any conflicts. I also have no evidence from the parties on the weight of individual policies. Therefore, my decision is based on the current development plan policies. Main Issue 5. The main issue is whether the site is suitable for residential development, having regard to its location, the proposed land use and the amount of development with regard to its effect on heritage assets. Reasons 6.
Land Adjacent To Norris Close, Napsbury, St Albans, Hertfordshire, AL2 1WW — St Albans City Council — Appeal Decision The appeal site comprises an area of landscaping dominated by dense clusters of trees and shrubbery, which infills space between the apartments at Walter Slade https://www.gov.uk/planning-inspectorate
Land Adjacent To Norris Close, Napsbury, St Albans, Hertfordshire, AL2 1WW — St Albans City Council — Appeal Decision The appeal site comprises an area of landscaping dominated by dense clusters of trees and shrubbery, which infills space between the apartments at Walter Slade https://www.gov.uk/planning-inspectorate
Land Adjacent To Norris Close, Napsbury, St Albans, Hertfordshire, AL2 1WW — St Albans City Council — Appeal Decision Appeal Decision APP/B1930/W/25/3370122 Court, a car parking area and other residential development at the western end of Norris Close. 7. The site, together with the adjoining residential areas, is enclosed by a pedestrian footpath along its western perimeter and a circular road forming a further boundary. These features separate Norris Close and its surrounds from the more extensive, formally maintained landscape areas that run centrally through Napsbury Park. 8. Napsbury Park is both a Conservation Area (CA) and a Grade II registered park and garden (RPG) to the west of London Colney. Its significance lies in the verdant and mature managed landscape setting, which is unique as a surviving hospital landscape designed by William Goldring. A defining characteristic of the CA and RPG is the high ratio of soft landscaping to built form, which creates a spacious, green environment and underpins its historic and aesthetic value. 9. The appeal site appears more informal than the carefully managed grounds opposite. Planting within the site lacks the maturity seen elsewhere however, it is nonetheless experienced as a verdant shared space and is recognisable as part of the parkland that characterises the CA and RPG.
Land Adjacent To Norris Close, Napsbury, St Albans, Hertfordshire, AL2 1WW — St Albans City Council — Appeal Decision Furthermore, the site provides an important landscape buffer, which, together with the wider landscaped areas, separates the dense built form within Norris Close from other areas of built form, for example, the housing at Strawberry Crescent. The absence of built form on the site contributes to the high ratio of soft landscaping to built form, which is critical to the CA’s character. While its landscape is not of the same quality as its surroundings, I find that the site makes a positive contribution to the significance of both the CA and the RPG. 10. The proposed land use, on a site of significant size relative to existing residential areas within the CA and RPG, would transform the character of the land from a shared, informal verdant landscape to a formalised, domestic layout. Residential use, even at the lower end of the dwelling range, would introduce built form together with driveways, fencing, boundaries and associated domestic features, fundamentally altering the appearance and experience of the site. 11.
Land Adjacent To Norris Close, Napsbury, St Albans, Hertfordshire, AL2 1WW — St Albans City Council — Appeal Decision The extent of residential use, combined with the range of dwellings proposed, would erode the established ratio of green space to built form and change the function of the land to a series of private, enclosed plots where built development dominates and characteristic open space is lost. This shift would fragment the sense of openness and diminish the buffer role the site currently provides. 12. Such change would conflict with the guidance for Area 4 of the Character Statement (2019), which emphasises the retention of spaciousness and mature planting. The proposal would therefore undermine the informal layout and parkland setting that define this part of the CA and RPG, resulting in a significant and irreversible impact on its character. 13. The appellant contends that the effect of the development on the CA is not a matter for consideration at the permission in principle stage. I recognise that the appeal is for a Permission in Principle and that there would be the opportunity to resolve detailed matters at the technical details consent stage.
Land Adjacent To Norris Close, Napsbury, St Albans, Hertfordshire, AL2 1WW — St Albans City Council — Appeal Decision However, I am not convinced that it would be possible to adequately avoid or minimise the identified harm to the CA through the loss of open space by the introduction of dwellings in this location and I have a statutory duty under S72(1) of the Planning (Listed https://www.gov.uk/planning-inspectorate 2
Land Adjacent To Norris Close, Napsbury, St Albans, Hertfordshire, AL2 1WW — St Albans City Council — Appeal Decision However, I am not convinced that it would be possible to adequately avoid or minimise the identified harm to the CA through the loss of open space by the introduction of dwellings in this location and I have a statutory duty under S72(1) of the Planning (Listed https://www.gov.uk/planning-inspectorate 2
Land Adjacent To Norris Close, Napsbury, St Albans, Hertfordshire, AL2 1WW — St Albans City Council — Appeal Decision Appeal Decision APP/B1930/W/25/3370122 Buildings and Conservation Areas) Act 1990 to consider whether the proposal would preserve or enhance the character or appearance of the CA. 14. Similarly, I also have a duty under Section 66(1) of the Listed Buildings and Conservation Areas Act 1990 (the LBCA act) to consider the effect on the setting of the Grade II listed RPG. These duties are both applicable, as a reference to permission in principle was introduced by the Housing and Planning Act 2016. Furthermore, the general duty in conservation areas under Section 72(1) applies to the exercise of any functions under the Planning Acts, which includes permission in principle. 15. In turn, I find that the proposal would fail to conserve or enhance the character or appearance of the CA, and furthermore, the proposal would have a detrimental effect on the historic and aesthetic value of the RPG. 16. The locally listed water tower is a prominent focal point and a highly recognisable landmark within the CA. It holds significant architectural and historical value, serving as a striking visual reminder of Napsbury Park’s past when it supplied water to the former hospital.
Land Adjacent To Norris Close, Napsbury, St Albans, Hertfordshire, AL2 1WW — St Albans City Council — Appeal Decision Its presence makes a positive contribution to the character and appearance of the CA. 17. The proposal has the potential to interrupt views of the water tower, from nearby residential areas, particularly Walter Slade Court. However, any effect in this regard would be highly dependent on detailed matters, including the height, layout and appearance of the proposal. As such, this would be a matter which would require further consideration at the technical details stage. 18. The appellant has referred me to a recent appeal decision within Napsbury Park, concerning land to the rear of 28–34 North Cottages. I have only limited details of that scheme, but it is notable that the appeal site in that case lay outside the CA. It involved replacing an existing building rather than developing an entirely undeveloped landscaped area, which is a key feature of both the CA and the RPG. 19. In addition, that site was surrounded by housing and rail infrastructure and was considered a small peripheral part of the RPG. These factors related to the different location, mean that the previous appeal decision carries limited weight. I have therefore assessed the current appeal on its own merits. 20.
Land Adjacent To Norris Close, Napsbury, St Albans, Hertfordshire, AL2 1WW — St Albans City Council — Appeal Decision Turning to the current proposal, as it only relates to a small portion of the CA and RPG, and the contribution of the appeal site to the significance of both is modest, the level of harm arising from the proposal, in line with the approach in the National Planning Policy Framework (the Framework) would likely be in the middle range of less than substantial harm. Nevertheless, any harm to designated heritage assets is a matter of great importance and weight. In these circumstances the Framework advises at paragraph 215 that this harm should be weighed against the public benefits of the proposal. 21. The proposal would contribute to the supply of housing in the Borough with up to 9 new dwellings, within an existing residential area, at a time when the Council is unable to demonstrate a five-year supply of deliverable housing sites. The Council has identified that it has just 0.89 years supply, which amounts to a substantial shortfall. https://www.gov.uk/planning-inspectorate 3
Land Adjacent To Norris Close, Napsbury, St Albans, Hertfordshire, AL2 1WW — St Albans City Council — Appeal Decision Appeal Decision APP/B1930/W/25/3370122 22. Even if the maximum number of dwellings were to be delivered, if a technical details consent were subsequently approved, would be 2. In this context, the contribution towards the supply of housing would be small, but nonetheless important. There would also be associated economic benefits from the construction process and the contribution of future occupants in the area. 23. Given the current shortfall in housing, I attribute these public benefits considerable weight. Nonetheless, I find that they do not clearly outweigh the great weight I am required to give to the less than substantial harm to both the CA and RPG. 24. Accordingly, the site is not suitable for residential development, having regard to its location and the proposed land use. Planning Balance and Conclusion 25. The appeal proposal would conflict with policies in relation to designated heritage assets. This harm carries significant weight. Therefore, there would be a conflict with the development plan as a whole. 26.
Land Adjacent To Norris Close, Napsbury, St Albans, Hertfordshire, AL2 1WW — St Albans City Council — Appeal Decision Although the Council, is current unable to demonstrate a five-year supply of deliverable housing sites, the proposal would conflict with policies of the Framework in relation to designated heritage assets and thus provide a strong reason for refusing the development proposed. Consequently, the presumption of sustainable development in the Framework does not apply. 27. Accordingly, the site is not suitable for residential development, having regard to its location, amount and the proposed land use, the proposal conflicts with the development plan and the material considerations do not indicate that the appeal should be decided other than in accordance with it. 28. Therefore, for the reasons set out above, the appeal is dismissed.
Land Adjacent To Norris Close, Napsbury, St Albans, Hertfordshire, AL2 1WW — St Albans City Council — R Lawrence INSPECTOR https://www.gov.uk/planning-inspectorate 4
Main issues and findings
Heritage impact Against appellant ¶9-14
The appeal site's landscape buffer would be lost and the character of the land would be transformed, causing less than substantial harm to the Conservation Area and Registered Park and Garden.
Living conditions Against appellant ¶10-11
The proposed land use would transform the character of the land from a shared, informal verdant landscape to a formalised, domestic layout, and would introduce built form together with driveways, fencing, boundaries and associated domestic features.
Green belt Against appellant ¶17
The proposal would conflict with the guidance for Area 4 of the Character Statement (2019), which emphasises the retention of spaciousness and mature planting.
Living conditions Against appellant ¶21-23
The proposed land use would erode the established ratio of green space to built form and change the function of the land to a series of private, enclosed plots where built development dominates and characteristic open space is lost.
Policies relied on
| Reference | Weight |
|---|---|
| NPPF 208 |
Moderate |
| Character Statement (2019) |
Limited |
Site constraints from the Casework Database
Source
Decision letter, 4 pages, issued by the Planning Inspectorate on 16 January 2026 under the Open Government Licence.