Following submission of employment evidence by the Appellant, the LPA agreed that the allocated business use had no reasonable prospect of being delivered. Consequently, the main parties agreed that allocation Policy LA5 was out of date and that the ‘tilted balance’ under paragraph 11(d) of the NPPF was engaged. 

The main issues at the inquiry were therefore whether the proposed development would be situated in an acceptable location in terms of non-car modes of travel; the effect of the proposed development on local highway conditions; the impact of the proposal on the living conditions of nearby residents; and whether the proposal represented an appropriate design solution and its impact on character and landscape. 

The Inspector found that the proposal was in accordance with the development plan taken as whole, and accorded with the principles set out in the NPPF. As it had not been demonstrated that any adverse impacts significantly and demonstrably outweighed the benefits, it followed that planning permission should be granted.

Simon Bird KC acted for and instructed by Dacorum Borough Council.

Craig Howell Williams KC and Stephanie Bruce-Smith acted for the appellant, Lidl Great Britain Ltd, instructed by Blake Morgan solicitors and Carney Sweeney planning consultants. 

A copy of the decision can be found here.