®Planning appeal decision
Fairlawn , Viewlands Avenue , Westerham, TN16 2JE
Planning appeal 3270505 at Fairlawn , Viewlands Avenue , Westerham, TN16 2JE (London Borough of Bromley) was allowed on 21 September 2021 by Inspector Andrews M, by written representations. The main issue, as the Inspector framed it: Whether the extension is inappropriate development in the Green Belt having regard to the National Planning Policy Framework 2021 and any relevant development plan policies.
a single storey rear extension
- Authority
- London Borough of Bromley
- Appeal type
- householder · Householder (HAS)
- Procedure
- Written Representations
- Development
- residential · Householder developments
- Inspector
- Andrews M
- Postcode
- TN16 2JE
Main issues, as the Inspector framed them
- Whether the extension is inappropriate development in the Green Belt having regard to the National Planning Policy Framework 2021 and any relevant development plan policies
- The effect of the extension on openness and visual amenity
- Whether any harm by reason of inappropriateness and any other harm is clearly outweighed by other considerations so as to amount to the very special circumstances required to justify the proposal
What decided it
The Council's incorrect determination that prior approval was not required for the extension, when the AONB designation required planning permission, and the officer's failure to address this error in the appeal report, constituted very special circumstances that clearly outweighed the harm by reason of inappropriateness.
The harm by reason of inappropriateness was clearly outweighed by the Council's error in advising that prior approval was not required and the appellant's consequent good faith reliance on that advice, resulting in very special circumstances justifying permission.
What the Inspector cited
- Development plan policies
- Policy 49 Bromley Local Plan 2019Policy 51 Bromley Local Plan 2019Policy 7.16 London Plan 2016Policy 7.16 London Plan 2021
- National Planning Policy Framework
- Paragraph 149Paragraph 147
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.
See how each was appliedThe decision letter
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With an account
What an account adds to this decision
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The authority’s record since 2016 · every decision in 2021
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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.