Park Street, St Albans

Maddox Planning advised M Scott Properties Limited on proposals for up to 95 homes at Park Street in St Albans, including 40% affordable housing and 5% self-build and custom-build plots.

The planning challenge

The site was within the Metropolitan Green Belt and the Council had refused outline planning permission. The appeal therefore had to demonstrate that the benefits of the development clearly outweighed the Green Belt and other identified harms, so as to establish very special circumstances.

Our approach

Housing supply and delivery formed an important part of the appeal strategy. Although the Council was then only required to demonstrate a minimum four-year supply, the main parties agreed that it could show just 1.7 years against the five-year requirement. Its Housing Delivery Test result was also 55%, reflecting persistent under-delivery.

Maddox Planning led the planning case at appeal. Planning Director Matthew Hill instructed counsel and presented evidence addressing the housing shortfall, affordable housing need, the emerging Local Plan and the overall planning balance. This was coordinated with the wider evidence on Green Belt, landscape, transport and other planning considerations.

The outcome

The Inspector attributed substantial weight to the Green Belt harm and identified additional landscape and agricultural land impacts. However, the 1.7-year housing supply was described as a significant shortfall. The delivery of up to 95 homes attracted substantial weight, as did the provision of 40% affordable housing in an area of identified need.

The Inspector concluded that the benefits clearly outweighed the harm and amounted to very special circumstances. The appeal was allowed on 7 November 2024. Although the case was determined under the policy framework and transitional arrangements then in force, it demonstrates how robust housing supply and delivery evidence can materially change the planning balance, including on sites subject to significant policy constraints.

Knowledge journey

In plain English

What are housing supply and delivery? explains how councils measure whether enough new homes are being planned and built.

Article

Could new housing land supply rules leave councils exposed? explains why the new 20% buffer may leave some authorities unable to demonstrate the required housing supply.

Deeper reading

The new housing supply buffer explains how paragraph 78(c) changes five-year housing land supply calculations and why it matters for planning applications and appeals.

Principal authoritative sources

Planning Practice Guidance: Housing supply and delivery

National Planning Policy Framework

Planning Practice Guidance: Housing and economic needs assessment

Housing Delivery Test measurement rule book

Image is representative and does not depict the actual site.