Press "Enter" to skip to content

Green Belt Change of Use of Land from Agricultural to Residential to be Used as Garden Dacorum Borough Council

We were approached by the client in April 2022 and asked if we could take on an appeal for a recent refusal they had received by Dacorum Borough Council for a change of use from agricultural land to C3 domestic garden to enable them to use what was a strip of land between themselves and a neighbouring property.

After looking at the case it was established not only was this case in the open countryside it was in an area classed as Green belt and as such would require the highest level of argument and detail that was to be bother comprehensive and robust.

Dacorum Borough Council had refused this application on the following points;

1) The proposal represents the encroachment of residential land into the countryside. It does not preserve the openness of the Green Belt and conflicts with the purposes of including land within it. Very special circumstances to justify the development do not exist. The proposal therefore conflicts with Policy GCS5 of the Core Strategy which states that, amongst other matters, proposals should preserve the openness and character of the Green Belt. The proposal is also be contrary to the provisions of the NPPF in relation to the protection of the Green Belt.

2) The applicant has not provided sufficient information to determine if versatile agricultural land would be lost contrary to saved local plan policy 108 and NPPF paragraph 174 b).

Research was completed and the appeal documents were produced including a 28 page appeal statement and submitted to the Planning Inspectorate taking the decision away from Dacorum Borough Council.

During the process Dacorum planning department produced a counter response, because of this we produced a further document addressing misleading points and inaccuracies. This is usual practice in these cases and is included as part of the appeal costs for our client.

The Planning inspector visited the site on 28th February and issued the decision on 18th April 2023. We are pleased to announce that the appeal was successful and the permission granted.

Below you will find the full Planning Inspectorate Decision. If you are looking to appeal a local authority refusal contact our team today on 01743 369911 and claim your free no obligation consultation with one of our planning appeal case assessment officers.

Our team of planning appeal case assessment officers assess on average over 100 cases each per month working with architects, developers, home and landowners across England and Wales. Our unique and professional approach to planning appeals designed by our Chairman and Head of Legal Dr Robin Hooper and has a proven track record of success. This approach that weighs heavily on detail, evidence and argument is most certainly why our appeals get the results they do. Contact our planning appeal team today on 01743 369911 and claim your free no obligation consultation with one of our planning appeal case assessment officers.