Personal circumstances support a dwelling
Generally an appellant's personal circumstances are ignored in an appeal, but there are a small number of cases where it can be relevant. This was the case at a recent appeal in the Green Belt at Glebe Fields, Churchill Lane, near Kidderminster, where a new dwelling was allowed on these grounds.
Exceptional circumstances for development in the Green Belt
The site was in the Green Belt, in which new build housing is considered to be inappropriate development. The new dwelling conflicted with national policy, the Local Plan and the Neighbourhood Plan, all of which sought to prevent new build housing in this location.
The appeal inspector decided that the personal medical circumstances of the appellant amounted to very special circumstances necessary to justify development in the Green Belt.
Medical grounds in support of the planning appeal
The appellant provided NHS documentation about his condition, which confirmed the property adaptations necessary. It also stated the importance of the appellant continuing his crucial role in family life and having access to his entire home environment.
Evidence was provided that the existing dwelling could not be altered, extended or replaced to meet the medical requirements of the appellant, due to the current property's layout and configuration.
The appellant also submitted evidence of property searches that satisfied the Inspector that the appellant had tried but been unsuccessful in securing a suitable and alternative property in the local area.
The Inspector decided that the need to live within an area local to the appellant’s existing dwelling has been sufficiently justified, with particular reference to the supporting role family and friends would have for the appellant and his family. He chose to afford considerable weight to the exceptional medical circumstances of the appellant and his need for the proposed dwelling.
Appeal Ref: APP/R1845/W/17/3179604
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