Town Planner Pro
Search appeal decisions

Planning appeal decision

Dismissed28 January 20223275218

Land at 101 Scratchers Lane, Fawkham, Kent , DA3 8PH

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

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.

Framework references: 149, 11

Plan policies cited: Policy LO1, Policy LO8

Judgments cited: Dartford Borough Council v SoS for Communities and Local Government & Ors 2017 [EWCA Civ 141]

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.