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Allowed10 November 20213270314

Amberwood Cottage St. Catherines Hill Lane, Christchurch, BH23 2NL

Planning appeal 3270314 at Amberwood Cottage St. Catherines Hill Lane, Christchurch, BH23 2NL (Bournemouth, Christchurch and Poole) was allowed on 10 November 2021 by Inspector Jones M, by written representations. The main issue, as the Inspector framed it: whether or not the annexe is inappropriate development in the Green Belt having regard to the Framework and any relevant development plan policies.

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

Appeal type
householder · Planning Appeal
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Jones M
Postcode
BH23 2NL

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.

What the Inspector cited

Development plan policies
Policy KS3Policy H14Policy HE1Policy HE2Policy H12
National Planning Policy Framework
Paragraph 149

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.