Tender Meads Fordcombe Road, Fordcombe, TUNBRIDGE WELLS, TN3 0RT

Tender Meads Fordcombe Road, Fordcombe, TUNBRIDGE WELLS, TN3 0RT — Sevenoaks District Council — Appeal Decision Site Visit made on 22 September 2021 by H Miles BA(hons), MA, MRTPI an Inspector appointed by the Secretary of State Decision date: 01 OCTOBER 2021 Appeal Ref: APP/G2245/W/21/3268758 Tender Meads, Fordcombe Road, Fordcombe TN3 0RT • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Mr & Mrs N Whitley against the decision of Sevenoaks District Council. • The application Ref 20/02267/FUL, dated 6 August 2020, was refused by notice dated 5 October 2020. • The development proposed is Change of use and conversion of existing annexe to dwelling - alterations to 19/02732/FUL Decision 1. This appeal is dismissed. Main Issues 2. The main issues are: • Whether the proposal is inappropriate development in the Green Belt having regard to the Framework and any relevant development plan policies. • The effect on the openness of the Green Belt. • If the proposal is inappropriate development, whether the harm by reason of inappropriateness, and any other harm, be clearly outweighed by other considerations so as to amount to the very special circumstances required to justify the proposal. Reasons Whether Inappropriate Development 3.

Tender Meads Fordcombe Road, Fordcombe, TUNBRIDGE WELLS, TN3 0RT — Sevenoaks District Council — Appeal Decision The National Planning Policy Framework July 2021 (the Framework) sets out that the fundamental aim of Green Belt policy is to prevent urban sprawl by keeping land permanently open; and the essential characteristics of Green Belts are their openness and their permanence. The Framework goes on to state that inappropriate development is harmful to the Green Belt. The construction of new buildings in the Green Belt should be regarded as inappropriate, and thus should be approved only if very special circumstances exist, unless they come within one of the categories in the closed list of exceptions in paragraph 149 of the Framework. 4. Of relevance to this appeal is that ‘the extension or alteration of a building provided that it does not result in disproportionate additions over and above the size of the original building’ is listed as an exception at paragraph 149 c). https://www.gov.uk/planning-inspectorate

Tender Meads Fordcombe Road, Fordcombe, TUNBRIDGE WELLS, TN3 0RT — Sevenoaks District Council — Appeal Decision Appeal Decision APP/G2245/W/21/3268758 Also ‘the partial or complete redevelopment of previously developed land, whether redundant or in continuing use (excluding temporary buildings), which would not have a greater impact on the openness of the Green Belt than the existing development’ is listed as an exception at paragraph 149 g). These requirements are broadly reflected in Policy GB7 of the Allocations and Development Management Plan (Adopted February 2015) (the ADMP) and the advice within the Development in the Green Belt Supplementary Planning Document (Adopted February 2015) (the SPD) with particular reference to the re-use of a building within the Green Belt. 5. I have been provided with a detailed planning history for the site which confirms that the original building on this land was a garage with a floor area of around 52sqm. Subsequent additions including the creation of a second floor, a catslide extension and the addition of a balcony and external stairs have increased this floorspace and volume. 6. The figures I am provided with show that the resultant floorspace of the proposed development would be around 174sqm (existing ground floor, first floor, proposed dormer windows and single storey extension).

Tender Meads Fordcombe Road, Fordcombe, TUNBRIDGE WELLS, TN3 0RT — Sevenoaks District Council — Appeal Decision The additional volume compared with the original building would be in the form of the existing ground floor extension, existing balcony and stair, proposed dormers, and proposed side extension. 7. Taking all of the above into account, the proposed development would result in a significant increase in floorspace, and volume compared with the original building. Therefore, the proposed development would constitute disproportionate additions over and above the size of the original building. As such, it would be inappropriate development in this regard. 8. There is no dispute between the parties that the site is previously developed land, or that the proposed development would constitute redevelopment of this land. Therefore, I will go on to consider the effect of the proposed development on openness. Openness 9. The existing balcony and stair are a permeable structure with open space beneath and visibility through. The proposed rear extension would be a solid enclosed addition. Therefore, in terms of its massing and appearance as well as its size the proposed rear extension would result in harm to spatial openness.

Tender Meads Fordcombe Road, Fordcombe, TUNBRIDGE WELLS, TN3 0RT — Sevenoaks District Council — Appeal Decision Taken with the increased bulk and massing associated with the proposed dormers, albeit that they are on separate elevations, together these extensions would be harmful to spatial openness. 10. The dwelling is set back and not clearly visible from the highway. However, the building shares an access with the main dwelling at Tender Meads and is seen from this adjoining land. There also appears to be some intervisibility between the building and the land by Fordcombe Village Hall. The extensions are likely to be perceived from this nearby land and therefore the proposed development would also be harmful to visual openness. 11. Therefore, for the reasons above, the development that is the subject of this appeal would not preserve the openness of the Green Belt. Consequently, it is inappropriate development in the Green Belt in the terms of the Framework and would also not satisfy the criteria of Policy GB7 of the ADMP. https://www.gov.uk/planning-inspectorate 2

Tender Meads Fordcombe Road, Fordcombe, TUNBRIDGE WELLS, TN3 0RT — Sevenoaks District Council — Appeal Decision Appeal Decision APP/G2245/W/21/3268758 Other Considerations 12. There are two existing unimplemented planning permissions for the conversion of this building to a dwelling, one of these includes dormer windows and a condition restricting the future use of permitted development rights1. One is for conversion only and there is no restriction on the future use of permitted development rights for this consent2. Therefore, it may be possible to construct a single storey rear extension without the need for planning permission under the latter consent. 13. However, I understand that the proposed extension projects further and is higher than that which would be allowed under permitted development. It also includes a balcony. Therefore, the proposed development would be more harmful both in terms of openness and also in terms of the proportionality of the additions assessed against the original building. Although the degree of change is small it is nevertheless more harmful, and any harm to the Green Belt must be weighed in the balance. 14.

Tender Meads Fordcombe Road, Fordcombe, TUNBRIDGE WELLS, TN3 0RT — Sevenoaks District Council — Appeal Decision The Council did not refuse the application on the grounds that it would have a harmful effect on the Area of Outstanding Natural Beauty, setting of a listed building or Conservation Area and I am not presented with any substantive evidence which would lead me to conclude otherwise. Planning and Green Belt Balance 15. The Government attaches great importance to Green Belts. Paragraph 148 of the Framework states that substantial weight should be given to any harm to the Green Belt. I have found harm to the Green Belt by reason of the proposed development’s inappropriateness and its effect on openness. This must be balanced against the other considerations discussed above. However, even considered together, these do not clearly outweigh the harm to the Green Belt. 16. The very special circumstances necessary to justify the development therefore do not exist. Consequently, the proposed development would conflict with Policy GB7 of the ADMP and paragraph 148 of the Framework the aims of which are set out above. 17. The Council cannot demonstrate a 5-year housing land supply. Therefore paragraph 11(d) of the Framework is engaged.

Tender Meads Fordcombe Road, Fordcombe, TUNBRIDGE WELLS, TN3 0RT — Sevenoaks District Council — Appeal Decision However, as set out above, the application of policies relating to land designated as Green Belt provides a clear reason for refusing the development proposed. Consequently, the presumption in favour of sustainable development does not apply in this case. Conclusion 18. The proposed development would not accord with the development plan and there are no material considerations to outweigh that finding. Therefore, for the reasons given, I conclude that the appeal should be dismissed.

Tender Meads Fordcombe Road, Fordcombe, TUNBRIDGE WELLS, TN3 0RT — Sevenoaks District Council — H Miles INSPECTOR 1 20/03042 2 19/02732/FUL https://www.gov.uk/planning-inspectorate 3