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Planning appeal decision

Allowed13 March 20233305025

Oaktree Cottage Berrys Green Road, Berrys Green, Westerham, TN16 3AJ

Planning appeal 3305025 at Oaktree Cottage Berrys Green Road, Berrys Green, Westerham, TN16 3AJ (London Borough of Bromley) was allowed on 13 March 2023 by Inspector White P, by written representations. The main issue, as the Inspector framed it: Whether condition 30 is necessary and reasonable to protect the openness of the Green Belt.

demolition of existing dwelling and erection of 3/4 bedroom two storey detached house without complying with a condition attached to planning permission Ref 85/00462, dated 07/05/1985

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Other minor developments
Inspector
White P
Postcode
TN16 3AJ

Main issues, as the Inspector framed them

  • Whether condition 30 is necessary and reasonable to protect the openness of the Green Belt

What decided it

The unusually large curtilage of the replacement dwelling, which was more than double the floorspace of its predecessor, created clear site-specific justification for restricting permitted development rights for extensions, alterations and outbuildings to protect Green Belt openness, though the original condition was unreasonably broad.

What the Inspector cited

Development plan policies
Policy 49Policy 51
National Planning Policy Framework
Paragraph 54Paragraph 56

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 applied

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.