Case 3376427

Land at Windmill Way, Much Hadham, Ware, SG10 6BG

East Hertfordshire District Council — appeal dismissed

Outcome
Dismissed
Decision date
4 June 2026
Authority
East Hertfordshire District Council
Inspector
Ellis D
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Unknown
Development type
Other minor developments
Appellant
Mr John Jones
LPA reference
3/25/0847/FUL
ONS LPA code
E07000242
Jurisdiction
Transferred
Link status
Not Linked
Start date
4 December 2025

Summary AI

The appeal for erection of stables and associated work was dismissed due to the potential harm to the character and appearance of the area and the landscape character, despite previous permissions for similar developments.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Land at Windmill Way, Much Hadham, Ware, SG10 6BG — East Hertfordshire District Council — Appeal Decision Site visit made on 10 March 2026 by D Ellis MPlan MRTPI an Inspector appointed by the Secretary of State Decision date: 04 June 2026 Appeal Ref: APP/J1915/W/25/3376427 Land at Windmill Way, Much Hadham SG10 6BG Easting: 542198; Northing: 218310 • 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 John Jones against the decision of East Hertfordshire District Council. • The application Ref is 3/25/0847/FUL. • The development proposed is erection of stables and associated work. Decision 1. The appeal is dismissed. Preliminary Matters 2. The development has commenced as the area of hardstanding has been laid, however construction of the proposed stables and access had not begun by the time of my site visit. I shall therefore proceed with the appeal on this basis Main Issues 3. The main issues are: • the effect of the proposal on the character and appearance of the area, including the landscape character; and • biodiversity. Reasons Character, appearance and landscape 4.

Page 1 · Chunk 1 Appeal Decision

Land at Windmill Way, Much Hadham, Ware, SG10 6BG — East Hertfordshire District Council — Appeal Decision The appeal site consists of part of a field adjacent to a track which provides access to the field and to the rear of properties on Windmill Way. A substantial established hedgerow bounds the field adjacent to the track, with a field maple in good condition at the south-eastern corner. The existing landscaping provides a visual break between the residential properties and the open countryside. Even though the Arboricultural Impacts Assessment indicates that the hedgerow is of low quality, the hedgerow and field maple contribute positively to the rural character and appearance of the area. 5. The proposed stables would be constructed on the hardstanding next to a section of the hedgerow. The Tree Constraints Plan shows that the stables would be within the canopy of the hedgerow, which could restrict its future growth. Furthermore, the hardstanding covers a significant part of the root protection area https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Land at Windmill Way, Much Hadham, Ware, SG10 6BG — East Hertfordshire District Council — Appeal Decision Appeal Decision APP/J1915/W/25/3376427 of the field maple. Should compaction of the hardstanding lead to a loss of permeability, then this could adversely affect the health of the field maple. 6. The proposed access would result in a further gap in the hedgerow, however the appellant suggests that a landscaping condition could be imposed which would require existing gaps to be filled in with new hedging. It is also suggested that conditions could require the submission and approval of materials for the new access. However, these conditions, along with new trees and using an alternative material for the hardstanding in the root protection area of the field maple, would not alter the detrimental effect that could be caused to the hedgerow by the siting of the stables. 7. Planning permission has been granted for a stable block and associated works in both 20191 and 20262. However, in both cases the stable block would be situated away from the hedgerow. As such these other permissions are not directly comparable to the scheme before me, which has been determined on its own merits. 8.

Page 2 · Chunk 3 Appeal Decision

Land at Windmill Way, Much Hadham, Ware, SG10 6BG — East Hertfordshire District Council — Appeal Decision For these reasons, it has not been demonstrated that the appeal scheme would not cause harm to the character and appearance of the area and the landscape character. The proposal would therefore conflict with policies GBR2, VILL1, CFLR6 and DES4 of the East Herts District Plan October 2018 (EHDP), insofar as they require development to be in keeping with the character and appearance of the area. It would also conflict with EHDP policies DES2, DES3 and NE3, insofar as they require development to conserve, protect, enhance or strengthen landscape character and features, and not to result in the loss or significant damage to hedgerows. Biodiversity 9. There is disagreement between the main parties as to whether or not the appeal scheme is exempt from the statutory biodiversity net gain requirements. The scheme is part-retrospective, although the access has yet to be constructed and would involve a section of hedgerow which the Council allege would exceed 5 metres in length. However, as I am dismissing this appeal on other grounds, this matter is not determinative. Conclusion 10.

Page 2 · Chunk 4 Appeal Decision

Land at Windmill Way, Much Hadham, Ware, SG10 6BG — East Hertfordshire District Council — Appeal Decision The proposal conflicts with the development plan as a whole and the material considerations do not indicate that the appeal should be decided other than in accordance with it. The appeal should therefore be dismissed.

Page 2 · Chunk 5 D Ellis

Land at Windmill Way, Much Hadham, Ware, SG10 6BG — East Hertfordshire District Council — D Ellis INSPECTOR 1 Planning application ref. 3/19/1330/FUL 2 Planning application ref. 3/25/1633/FUL https://www.gov.uk/planning-inspectorate 2

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

Main issues and findings

Character and appearance
Against appellant
¶4-8

The proposed stables would be constructed on the hardstanding next to a section of the hedgerow, which could restrict its future growth, and would result in a further gap in the hedgerow.

Other
Neutral
¶9

The scheme is part-retrospective and would involve a section of hedgerow, but this matter is not determinative as the appeal is dismissed on other grounds.

Policies relied on

Reference Weight
GBR2, VILL1, CFLR6, DES4, DES2, DES3, NE3
Determinative

Site constraints from the Casework Database

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

Source

Decision letter, 2 pages, issued by the Planning Inspectorate on 4 June 2026 under the Open Government Licence.