®Planning appeal decision
Land at 101 Scratchers Lane, Fawkham, Kent , DA3 8PH
Planning appeal 3275218 at Land at 101 Scratchers Lane, Fawkham, Kent , DA3 8PH (Sevenoaks District Council) was dismissed on 28 January 2022 by Inspector Davies N, by written representations. The main issue, as the Inspector framed it: Whether the proposal would be inappropriate development in the Green Belt having regard to the Framework and any relevant development plan policies and the effect of the proposal on the openness of the Green Belt.
erection of a 3-bedroom chalet bungalow on land to the western side of 101 Scratchers Lane within the existing residential garden
- Authority
- Sevenoaks District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Davies N
- Postcode
- DA3 8PH
Main issues, as the Inspector framed them
- Whether the proposal would be inappropriate development in the Green Belt having regard to the Framework and any relevant development plan policies and the effect of the proposal on the openness of the Green Belt
- Whether harm by reasons of inappropriateness, and any other harm, is clearly outweighed by other considerations and whether those amount to the very special circumstances required to justify the proposal
What decided it
The substantial harm to the openness of the Green Belt by the creation of built development in place of an open garden, which is not clearly outweighed by other considerations and does not meet the very special circumstances test.
The substantial harm to the openness of the Green Belt was not clearly outweighed by the benefits of acceptable design, appearance, living conditions, highway safety, ecology, and housing supply considerations, which held little or neutral weight.
What the Inspector cited
- Development plan policies
- Policy LO1Policy LO8
- National Planning Policy Framework
- Paragraph 149Paragraph 11
- Judgments
- Dartford Borough Council v SoS for Communities and Local Government & Ors 2017 [EWCA Civ 141]
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
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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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.