On 13 November 2012 Broxbourne Borough Council’s Planning and Regulatory Committee resolved to grant Crest Nicholson Operations Ltd planning permission (subject to completion of a satisfactory s.106 agreement) for a 96 dwelling residential development on a 3.6ha site in the Green Belt at the Former Everest Sports Ground, Andrews Lane, Cheshunt. Despite the presumption against inappropriate development in the Green Belt, the Council accepted Crest’s case that “very special circumstances” existed to justify the development in accordance with para. 88 of the National Planning Policy Framework and Policy GB2 of the Broxbourne Local Plan. The Council agreed with Crest that that harm which would be caused by the development was “clearly outweighed” by the substantial benefits that the scheme would deliver, in particular the provision of a significant amount of market and affordable housing (including a valuable provision of number of new family houses with gardens) of a particularly high quality design and containing innovative energy efficiency measures, in a sustainable location which is within an area which had already been identified by the Broxbourne Submission Core Strategy as suitable for meeting the Council’s strategic housing needs.
Charles Banner advised Crest on legal and strategic issues throughout the preparation and determination of the application.