- Decision
- dismissed, 9 September 2026
- Decided by
- Planning Inspector: N Bowden
- Authority
- Three Rivers (East of England)
- Appeal reference
- 6011803
- Application reference
- 25/2202/FUL
- Procedure
- written representations
- Development
- Demolition of existing building and construction of replacement and two tandem (backland) self-build dwellings
- Homes
- 2
- Site context
- green belt, washed over village
- Green Belt
- Yes (grey belt not argued)
- Framework applied
- August 2026 NPPF
- Determinative policies
- DP3(3), DP3(1), S5(5), S5(2)
- Development plan policies
- Three Rivers Core Strategy CP1, CP12, Development Management Policies LDD DM1 and Appendix 2, Abbots Langley Neighbourhood Plan AL1-AL5, AL10
- Main issues
- character and appearance; neighbour living conditions; future occupiers' living conditions
Summary
A replacement dwelling plus two tandem self-build houses in a deep rear garden on Toms Lane, a linear road washed over by the Green Belt. The parties agreed the scheme was not inappropriate under GB7, so the S5(5) "substantially outweighed" balance applied. The tandem layout was alien to the linear pattern and in clear conflict with the local backland policy. That engaged DP3(3), a "should be refused" policy and so an S5(2) trigger, and the appeal was dismissed despite substantial weight to the housing.
Issues and findings
- Green Belt. "the parties are in agreement that the proposal is not inappropriate development having regard to policy GB7" (DL ¶4).
- S4 or S5. The council said S4 applied. The inspector disagreed: "the site is designated in the Local Plan as being washed over by the Green Belt … homes frequently back onto open fields … the area's character is, whilst transitional in nature, not one that places it into a built-up area" (DL ¶18). Even under S4, "the site is not previously developed land" (DL ¶19).
- Character: FAIL. "This tandem layout would not follow the pattern of development in the area which is almost exclusively in a linear format" (DL ¶7).
- Living conditions: acceptable (DL ¶11–16).
Planning balance
S5(5) with S5(2). Substantial weight to two homes and self-build with no five-year supply, but "the proposal would fail to comply with one of the national decision-making policies, namely paragraph 3 of policy DP3 … This policy of the Framework directs that the proposal should be refused" (DL ¶20).
What made the difference
The layout. Clear conflict with an up-to-date local backland design policy fed through DP3(3) and made refusal the default under S5(2), whatever the housing benefits. A frontage infill plot following the linear pattern would likely have passed.
Transferable points
- A washed-over linear road with gardens backing onto fields is not a "built-up area" for S4, so S5 applies (DL ¶18).
- DP3(3) can make a local design policy conflict an S5(2) "should be refused" trigger that overrides substantial weight to housing (DL ¶17, 20).
- A not-inappropriate Green Belt scheme still faces the S5(5) balance (DL ¶17).
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| GB7 | pass | parties agreed not inappropriate; limb not specified (DL 4) | |
| S4 | not-engaged | washed-over linear development with gardens backing onto fields is not a built-up area, so S5 not S4 applies; even under S4 the garden would not be PDL (DL 18-19) | |
| DP3(1) | fail | tandem layout alien to linear Toms Lane pattern (DL 7-10) | |
| DP3(3) | fail | clear conflict with local backland policy DM1 engages DP3(3) "should be refused" — S5(2) trigger (DL 20) | |
| HO7 | benefit | substantial | two homes, no 5YHLS, self-build (DL 20) |
Key facts
- Toms Lane is a long linear road washed over by Green Belt between Kings Langley and Bedmond
- Two tandem houses in a deep rear garden adjoining other gardens and fields
- Council accepts no five-year supply; self-build offered
- Parties consulted on the 2026 Framework (DL 2)
Sources
This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.