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Appeal dismissed! A big win for the Green Belt at Tring – Marshcroft!

18th March 2024

And a big thank you to each of the more than 400 generous individuals and groups who donated money to help fund our campaign and make this win possible!

We’re delighted that the Secretary of State has dismissed the planning appeal regarding a massive development proposal on land east of Tring in Dacorum Borough, the so-called Marshcroft development. And in his decision, we hugely welcome the government’s clear support for the Green Belt and for the Chilterns Area of Outstanding Natural Beauty, the key issues on which we focused our campaign.

A brief re-cap follows, and then we’ll take a closer look at the Secretary of State’s decision, below.

A brief re-cap

Over the past two years CPRE Hertfordshire has been campaigning against Redrow’s application to build 1,400 dwellings and related facilities on open countryside in the Green Belt, on land east of Tring.

Dacorum Borough Council refused permission in 2022 and the developer subsequently appealed that decision. The Secretary of State for the Department of Levelling Up, Housing and Communities (DLUHC) then decided to “recover” the appeal so that he could make the decision himself and a Planning Inspector conducted a lengthy appeal Inquiry in public in March and April 2023.

CPRE Hertfordshire participated as a Rule 6 Party at the appeal Inquiry together with the Grove Fields Residents Association and the Chilterns Society, and assisted by barrister Joseph Thomas of Landmark Chambers. Our Combined Objectors’ Group argued that the proposed development in this location would result in severe harm to the Green Belt, and to the setting of the Chilterns Area of Outstanding Natural Beauty (AONB) and its scenic landscape which surrounds the proposed development site on three sides.

On 15 March 2024 the Secretary of State issued his Decision Notice. While the Planning Inspector had recommended that the appeal be allowed and the planning application be granted permission, the Secretary of State came to the opposite conclusion. So we are delighted that the Secretary of State has dismissed the appeal and refused permission!

The full Appeal Decision is available to download (the pdf document is 190 pages.)

Download

The Secretary of State’s decision

The Secretary of State in arriving at his decision weighed up the following factors.

The proposed development represents inappropriate development in the Green Belt, for which Very Special Circumstances are required to justify the granting of permission.

The development proposal is in conflict with the local development plan, consisting of the Dacorum Core Strategy (2013), the Dacorum Site Allocations Development Plan Document (2017) and Saved Policies of the Dacorum Local Plan (2004).

As Dacorum cannot demonstrate a 5-year housing land supply, the National Planning Policy Framework (NPPF) indicates that permission should be granted unless i.) the application of policies in the NPPF that protect areas or assets of particular importance provides a clear reason for refusing the development proposed, or ii.) any adverse impacts of doing so significantly and demonstrably outweigh the benefits, when assessed against policies in the NPPF taken as a whole.

The Secretary of State concluded that, weighing in favour of the proposal, the delivery of housing and of socioeconomic benefits carry substantial weight; ecological enhancement of the site and sustainable transport benefits carry moderate weight; and provision of schools, community facilities, recreational and sports facilities, and higher standards of energy sustainability each carry limited weight.

He also concluded that, weighing against the proposal is the harm to the Green Belt from inappropriate development, harm to openness and harm to the purposes of the Green Belt which collectively carry substantial weight; harm to the setting of the AONB carries great weight; ‘less than substantial harm’ to the significance of designated heritage assets carries great weight; the loss of agricultural land (much of which is Best and Most Versatile) carries significant weight; harm to the character and appearance of the surrounding area carries moderate weight; and harm to the significance of non-designated heritage assets carries limited weight.

Taking all relevant factors into consideration, the Secretary of State found that the favourable considerations of the proposed development do not clearly outweigh the harm to the Green Belt and the other harms noted above. Therefore Very Special Circumstances do not exist to justify this development in the Green Belt. The Secretary of State further stated that the adverse impacts of granting permission would significantly and demonstrably outweigh the benefits when assessed against policies in the NPPF taken as a whole, and that the presumption in favour of sustainable development therefore does not apply.

What happens next

While we’re pleased with the Secretary of State’s decision, there now follows a 6-week period in which the decision may be challenged by making an application for permission to the High Court.

We will of course post updates as they become available.

Other documents available to download:

CPRE Hertfordshire’s original objection to the planning application

Combined Objectors Group Opening Statement

Combined Objectors Group Closing Statement

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We are CPRE Hertfordshire, the countryside charity. We work to promote and protect the beautiful Hertfordshire countryside for everyone. We are a membership charity, so please become a member and help support our work. It’s quick and easy to join online.

epic countryside view over the threatened site, including woodlands, green fields and hedgerows
View from The Ridgeway in the Chilterns Area of Outstanding Natural Beauty, looking over the proposed development site Grove Fields Residents Association