- Decision
- approved, 10 September 2026
- Decided by
- Council planning committee: Three Rivers Planning Committee (unanimous)
- Authority
- Three Rivers (East of England)
- Application reference
- 26/0520/FUL
- Procedure
- committee
- Development
- Three buildings comprising six small industrial units (B2/B8/E(g)(iii)) with parking and hardstanding
- Site context
- green belt, PDL, rural lane
- Green Belt
- Yes (grey belt not argued)
- Framework applied
- August 2026 NPPF
- Determinative policies
- GB7(1)(e), E2, E4(2), TR6
- Development plan policies
- Three Rivers Core Strategy CP6, CP11, DMP LDD DM2
- Main issues
- PDL exception; openness; economic need; highway
Summary
Six small industrial units at the back of an existing Green Belt industrial estate, approved unanimously. Officers treated the land as previously developed: lawful long-term storage use plus enclosed grassland that is functionally part of the estate. They found no substantial harm to openness under GB7(1)(e). They gave the economic benefits substantial weight under the new E2 and found E4(2) met for a rural business location.
Issues and findings
- PDL / GB7(1)(e): PASS. "the application site is both visually and functionally related to the wider Industrial Estate" (Report ¶7.2.7), following the Chorleywood appeal on curtilage. "The new buildings would be viewed in relation to the existing built form … they would be no higher than the existing buildings … the site is visually contained" (¶7.2.10). "it is not considered that the development would result in substantial harm to openness" (¶7.2.11).
- E2: benefit, substantial weight. "Policy E2.1 states that substantial weight should be given to the economic benefits of proposals for commercial development" (¶7.1.2, ¶7.1.8).
- E4(2): PASS. Rural business needs "may need to be located outside settlements and in locations that are not well served by public transport". The site uses PDL related to existing development (¶7.1.3, ¶7.1.8).
- Highways TR6. "whilst Harefield Road was a narrow road, policy TR6.4 of the NPPF emphasised that applications could only be refused on highways safety grounds where there would be a severe adverse impact" (Minutes PC177/26).
What made the difference
Enclosure and functional connection to the estate made the grassland part of the PDL. The new E2 "substantial weight" for business investment, together with an economic study showing a small-unit shortfall, answered members' doubts about need.
Transferable points
- E4(2) expressly tolerates rural business sites poorly served by public transport where they use PDL related to existing development. That contrasts with the TR3 approach to housing.
- E2(1) gives "substantial weight" to economic benefits of business investment (¶7.1.2). It is the commercial counterpart of HO7.
- Enclosed land "visually and functionally related" to an established industrial use was treated as curtilage PDL (¶7.2.7–7.2.8).
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(1)(e) | pass | rear of estate used 10+ years for container/boat storage (lawful by time) plus grassed land enclosed by vegetation, "visually and functionally related" to the estate → PDL; buildings no higher than existing; no substantial harm to openness | |
| E2 | benefit | substantial | 'substantial weight … to the economic benefits'; SW Herts Economic Study 2024 shows shortfall of small industrial land |
| E4(2) | pass | rural business on PDL physically related to existing development; public transport poor accepted | |
| TR6 | pass | narrow Harefield Road, but HCC no objection; refusal only where severe |
Key facts
- Part of site in lawful storage use by passage of time; remainder grassed but enclosed
- Officers relied on Chorleywood appeal APP/P1940/W/25/3370028 for treating enclosed curtilage as PDL
- Parking shortfall of up to 4 spaces accepted
- Members queried need given conversions of commercial space to residential; officers cited economic study
Related decisions
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.