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Planning appeal decision

Allowed22 November 20243346681

1 Fishers Wood Grove, BROMLEY, BR2 8FD

change of use of land from agricultural to residential garden land with associated boundary fencing

Authority
London Borough of Bromley
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
Livingstone C

Main issues, as the Inspector framed them

  • whether the change of use of the land is inappropriate development in the Green Belt having regard to the National Planning Policy Framework and any relevant development plan policies
  • whether the proposed development preserves or enhances the character or appearance of the Bromley, Hayes and Keston Commons Conservation Area

What decided it

The material change of use falls within the scope of NPPF paragraph 155(e) which permits material changes of use in the Green Belt provided openness is preserved, making the conflicting Local Plan policy out-of-date and triggering the presumption in favour of sustainable development.

The presumption in favour of sustainable development applies because the out-of-date Green Belt policy does not provide a clear reason for refusal, and the historic environment and Green Belt policies of the Framework do not provide a clear reason for refusing permission; the benefit of an enlarged garden outweighs any adverse impacts when assessed against the Framework as a whole.

Framework references: 155, 152, 143

Plan policies cited: London Plan Policy G2, Local Plan Policy 49, Local Plan Policy 41, London Plan Policy HC1

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.