®Planning appeal decision
Amberwood Cottage St. Catherines Hill Lane, CHRISTCHURCH, BH23 2NL
The applicant was led to believe the proposed works fell under permitted development and has built the outbuilding around these constraints, however the LPA have advised that it doesn't and the application shouldn't have been granted in the first instance, therefore this is a retrospective application following the approval of the certificate of lawfulness REF - 8/16/2948/CLP
- Authority
- Bournemouth, Christchurch and Poole
- Appeal type
- householder · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Householder developments
- Inspector
- Jones M
Main issues, as the Inspector framed them
- whether or not the annexe is inappropriate development in the Green Belt having regard to the Framework and any relevant development plan policies
- the effect of the annexe on the character and appearance of the area, with reference to Amberwood Cottage and the settings of the Grade II listed buildings The Rest and The White House
- if there is harm by reason of inappropriateness, and any other harm, is it clearly outweighed by other considerations. If so, does this amount to the very special circumstances required to justify the annexe
What decided it
The site history, particularly the Council's erroneous certification of lawfulness for a similarly sized building in 2017 and misleading advice about permitted development, was a decisive catalyst that weighed significantly in favour of the annexe and, combined with the personal circumstances of the elderly relatives, clearly outweighed the Green Belt harm to establish very special circumstances.
The harm to the Green Belt by reason of inappropriateness and modest loss of openness was clearly outweighed by the personal circumstances of elderly dependent relatives requiring on-site care, the potential homelessness of the appellant's parents, and the Council's prior error in certifying lawfulness and providing misleading advice, establishing very special circumstances that justified the development despite conflict with the development plan.
Framework references: 149
Plan policies cited: Policy KS3, Policy H14, Policy HE1, Policy HE2, Policy H12
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.