®Planning appeal decision
Fairlawn , Viewlands Avenue , WESTERHAM, TN16 2JE
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
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.
Framework references: 149, 147
Plan policies cited: Policy 49 Bromley Local Plan 2019, Policy 51 Bromley Local Plan 2019, Policy 7.16 London Plan 2016, Policy 7.16 London Plan 2021
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.