Cudham Frith , Cudham Lane South , Sevenoaks, TN14 7NZ

Cudham Frith , Cudham Lane South , Sevenoaks, TN14 7NZ — London Borough of Bromley — by A Wright BSc (Hons) MRTPI an Inspector appointed by the Secretary of State Decision date: 27 February 2025

Cudham Frith , Cudham Lane South , Sevenoaks, TN14 7NZ — London Borough of Bromley — Cudham Frith, Cudham Lane South, Sevenoaks TN14 7NZ • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission under section 73 of the Town and Country Planning Act 1990 (as amended) for the development of land without complying with conditions subject to which a previous planning permission was granted. • The appeal is made by Mr and Mrs Robson against the decision of the Council of the London Borough of Bromley. • The application Ref is DC/23/03277/RECON. • The application sought planning permission for conversion of existing residential annexe (The Cottage) to form a separate detached 3 bedroom dwelling with its own curtilage to be served by an existing single storey detached garage, with alterations to include conversion of integral garage to a bedroom and the provision of two dormers on the south-eastern roof slope without complying with a condition attached to planning permission Ref DC/23/03277/FULL1, dated 24 November 2023.

Cudham Frith , Cudham Lane South , Sevenoaks, TN14 7NZ — London Borough of Bromley — Cudham Frith, Cudham Lane South, Sevenoaks TN14 7NZ • The condition in dispute is No 7 which states that: Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order amending, revoking and re-enacting this Order) no building, structure, extension, enlargement or alteration permitted by Class A, B or E of Part 1 of Schedule 2 of the 2015 Order (as amended), shall be erected or made within the curtilage(s) of the dwelling(s) hereby permitted without the prior approval in writing of the Local Planning Authority. • The reason given for the condition is: In the interests of protecting the character of the area, the openness of the Green Belt, the setting of the Kent AONB, and residential amenity of neighbouring properties in accordance with Policies 37, 49, 51 and 76 of the Bromley Local Plan.

Cudham Frith , Cudham Lane South , Sevenoaks, TN14 7NZ — London Borough of Bromley — latest version of the Framework, and the responses received on it. https://www.gov.uk/planning-inspectorate

Cudham Frith , Cudham Lane South , Sevenoaks, TN14 7NZ — London Borough of Bromley — latest version of the Framework, and the responses received on it. https://www.gov.uk/planning-inspectorate Appeal Decision APP/G5180/W/24/3349808 Background and Main Issue 3. Planning permission1 was granted in 2023 for the conversion and alterations of a residential annexe to form a separate dwelling served by an existing garage. This permission includes condition 7 which restricts the exercise of permitted development (PD) rights2 to extend the dwelling, enlarge the roof or erect outbuildings within its curtilage. The justification given by the Council for this condition is to protect the character of the area, the openness of the Green Belt, the setting of the Kent AONB and the residential amenity of neighbouring properties in accordance with policies in the Bromley Local Plan 2019 (LP). 4. The Council subsequently refused permission to vary the original permission by removing condition 73, citing that this is likely to result in development that would impact detrimentally on the openness and visual amenities of the Green Belt and setting of the Kent Area of Outstanding Natural Beauty (AONB), contrary to policies in the LP. From the evidence submitted and given changes to the Framework, the reference should be to the Kent Downs National Landscape (NL) rather than the Kent AONB. 5.

Cudham Frith , Cudham Lane South , Sevenoaks, TN14 7NZ — London Borough of Bromley — latest version of the Framework, and the responses received on it. Therefore, the main issue in this appeal is whether condition 7 is reasonable and necessary with particular regard to Green Belt and NL policies. Reasons 6. The appeal site comprises a modest sized residential building and garage sited on a large plot of land. There are no other buildings within the site which lies between a field and the substantial grounds at Cudham Frith. 7. The Framework states that conditions should be kept to a minimum and only imposed where they are necessary, relevant to planning and to the development to be permitted, enforceable, precise and reasonable in all other respects. Paragraph 55 of the Framework indicates that planning conditions should not be used to restrict national PD rights unless there is a clear justification to do so. Further, the Planning Practice Guidance (PPG) outlines that conditions restricting the future use of PD rights may not pass the test of reasonableness or necessity. 8. 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.

Cudham Frith , Cudham Lane South , Sevenoaks, TN14 7NZ — London Borough of Bromley — latest version of the Framework, and the responses received on it. It outlines that inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances. Substantial weight is given to any harm to the Green Belt and very special circumstances will not exist unless the potential harm to the Green Belt by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations. 9. The LP reflects the Framework and LP Policy 49 includes a list of developments that are not inappropriate in the Green Belt. This includes the re-use of buildings provided that the buildings are of permanent and substantial construction where they preserve the openness of the Green Belt and do not conflict with the purposes of including land within it. It also includes the extension or alteration of a 1 Planning application ref: DC/23/03277/FULL1 ‘the original development/permission’ 2 Under the Town and Country Planning (General Permitted Development) (England) Order 2015 (GPDO) 3 Planning application ref: DC/23/03277/RECON https://www.gov.uk/planning-inspectorate 2

Cudham Frith , Cudham Lane South , Sevenoaks, TN14 7NZ — London Borough of Bromley — latest version of the Framework, and the responses received on it. Appeal Decision APP/G5180/W/24/3349808 building that does not result in disproportionate additions over and above the size of the original building. 10. I acknowledge that some neighbouring authorities allow larger extensions, but Policy 51 of the LP only permits extensions to dwellings in the Green Belt where there is no more than a 10% net increase in floor area over that of the original dwellinghouse. The supporting text defines the original dwelling as being as it was built originally if constructed after 1 July 1948. This policy also states that proposals to extend converted dwellings will not normally be permitted and that other development in the curtilage is inappropriate by definition and would only be permitted where very special circumstances have been demonstrated. 11. Policy 76 of the LP seeks to protect, conserve and enhance the Kent Downs NL and its setting from development considered to have a detrimental impact on the landscape of the area. 12. The original development was granted on the basis that it was not inappropriate in the Green Belt as it involved reusing a building of permanent and substantial construction that would preserve the openness of the Green Belt and not conflict with its purposes.

Cudham Frith , Cudham Lane South , Sevenoaks, TN14 7NZ — London Borough of Bromley — latest version of the Framework, and the responses received on it. Also, the Council found that the two proposed dormers would not be a disproportionate addition to the original building and its use as a separate dwelling would not result in any significant additional domestic features compared to its use as a residential annexe. This was in accordance with the Green Belt policies in the LP and the Framework, and very special circumstances did not need to be demonstrated. The Council also found that the proposal would comply with policies relating to the NL. As set out in condition 7, subsequent extensions, roof alterations and outbuildings would be controlled by the Council to protect the openness of the Green Belt and the setting of the NL, amongst other things. 13. Schedule 2, Part 1 of the GPDO sets out PD rights for various development within the curtilage of a dwellinghouse. This includes PD rights for side and rear extensions, with restrictions on their height and length, and for roof additions which have limitations on their volume. It also sets out PD rights for outbuildings within the curtilage, including restrictions on their height and the proportion of the curtilage occupied. 14. Condition 7 restricts roof additions under Schedule 2, Part 1, Class B of the GPDO.

Cudham Frith , Cudham Lane South , Sevenoaks, TN14 7NZ — London Borough of Bromley — latest version of the Framework, and the responses received on it. However, the site is within the NL and there is no indication that this will change in the future. As Class B does not in any event permit roof additions to dwellings within the NL, it is not reasonable or necessary to include this restriction within a condition for any reason in this case. 15. The appellant seeks to restore PD rights to enable the addition of a modest single storey rear and the construction of an outbuilding in the garden. In the absence of condition 7, it would be possible to construct substantial extensions and outbuildings under Schedule 2, Part 1, Classes A and E of the GPDO without planning permission. Extensions allowed under Class A could result in disproportionate additions to the dwelling. As local and national policies do not make exceptions for outbuildings, they would be inappropriate development in the Green Belt by definition. Such enlargements and ancillary buildings would have the potential to significantly impact on the openness of the Green Belt. 16. Condition 7 does not necessarily prevent future extensions to the dwelling or the erection of outbuildings within its curtilage, but restricting PD under Classes A and https://www.gov.uk/planning-inspectorate 3

Cudham Frith , Cudham Lane South , Sevenoaks, TN14 7NZ — London Borough of Bromley — latest version of the Framework, and the responses received on it. Appeal Decision APP/G5180/W/24/3349808 E is reasonable and necessary to enable the Council to consider the impact of any future such proposals on the Green Belt. 17. I acknowledge that the GPDO does not specifically withdraw PD rights for residential extensions and outbuildings within the Green Belt and that there are other properties nearby which benefit from these rights. However, the LP and the Framework seek to safeguard the Green Belt from inappropriate development, a matter which attracts substantial weight. 18. There are references to several appeal decisions relating to conditions removing PD rights for sites in the Green Belt in the Council’s area. However, these involved dwellings which could already have been extended under PD rights, houses with a modest residential curtilage, or developments involving a reduced footprint and volume compared to the replaced building. In contrast, the proposal would involve the formation of a new dwelling with a larger footprint than the previous annexe and set within substantial grounds. As such, the examples are not directly comparable to the appeal scheme. 19.

Cudham Frith , Cudham Lane South , Sevenoaks, TN14 7NZ — London Borough of Bromley — latest version of the Framework, and the responses received on it. There is little evidence that the condition restricting extensions and outbuildings under Schedule 2, Part 1, Classes A and E is necessary or reasonable in relation to policies for protecting the NL. Indeed, the Council accepts that the overarching reason for imposing the condition relates to protecting the openness of the Green Belt. As such, it has not been demonstrated that the restrictions on extensions and outbuildings are reasonable or necessary to conserve the NL. 20. Consequently, the disputed condition is reasonable and necessary to avoid harm to the Green Belt insofar as it relates to extensions and outbuildings under Classes A and E of Schedule 2, Part 1 of the GPDO. However, it is not reasonable and necessary to protect the openness of the Green Belt or to conserve and enhance the NL insofar as it relates to roof additions under Class B of Schedule 2, Part 1 of the GPDO. Therefore, I have granted a new planning permission with condition 7 which refers to Classes A and E but not to Class B. Conditions 21. The guidance in the PPG makes clear that decision notices for the grant of planning permission under section 73 should also restate the conditions imposed on earlier permissions that continue to have effect.

Cudham Frith , Cudham Lane South , Sevenoaks, TN14 7NZ — London Borough of Bromley — latest version of the Framework, and the responses received on it. 22. The PPG outlines that the time limit within which the development must be started cannot be amended so I have altered the timescale condition to reflect 3 years from the date of the original permission. 23. As I have no information before me about the status of the other conditions imposed on the original permission, I have imposed all those that I consider remain relevant. In the event that some have in fact been discharged, that is a matter which can be addressed by the parties. Conclusion 24. For the reasons given above, I conclude that the appeal should be allowed and grant a new planning permission.

Cudham Frith , Cudham Lane South , Sevenoaks, TN14 7NZ — London Borough of Bromley — A Wright INSPECTOR https://www.gov.uk/planning-inspectorate 4

Cudham Frith , Cudham Lane South , Sevenoaks, TN14 7NZ — London Borough of Bromley — A Wright INSPECTOR https://www.gov.uk/planning-inspectorate 4

Cudham Frith , Cudham Lane South , Sevenoaks, TN14 7NZ — London Borough of Bromley — A Wright Appeal Decision APP/G5180/W/24/3349808 Schedule of Conditions 1) The development to which this permission relates must be begun not later than 24 November 2026. 2) The development hereby permitted shall not be carried out otherwise than in complete accordance with the plans approved under this planning permission unless previously agreed in writing by the Local Planning Authority. 3) Prior to the commencement of the development hereby approved (including demolition and all preparatory work) provision shall be made to accommodate operatives and construction vehicles off-loading, parking and turning within the site in accordance with details to be submitted to and approved in writing by the Local Planning Authority and such provision shall remain available for such uses to the satisfaction of the Local Planning Authority throughout the course of development. 4) (a) Details of the proposed boundary treatments including any gates, walls, fences or planting shall be submitted to and approved in writing by the local planning authority prior to commencement of the above ground works. (b) The approved boundary treatments shall be implemented prior to occupation of the buildings and retained in perpetuity.

Cudham Frith , Cudham Lane South , Sevenoaks, TN14 7NZ — London Borough of Bromley — A Wright 5) Before commencement of the use of the land or building hereby permitted parking spaces and/or garages and turning space shall be completed in accordance with the details as set out in this planning permission and thereafter shall be kept available for such use and no permitted development whether permitted by the Town and Country Planning (General Permitted Development) Order (England) 2015 (or any Order amending, revoking and re-enacting this Order) or not shall be carried out on the land or garages indicated or in such a position as to preclude vehicular access to the said land or garages. 6) The materials to be used for the external surfaces of the building shall be as set out in the planning application forms and / or drawings unless otherwise agreed in writing by the Local Planning Authority.

Cudham Frith , Cudham Lane South , Sevenoaks, TN14 7NZ — London Borough of Bromley — A Wright 7) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order amending, revoking and re- enacting this Order) no building, structure, extension, enlargement or alteration permitted by Class A or E of Part 1 of Schedule 2 of the 2015 Order (as amended), shall be erected or made within the curtilage(s) of the dwelling(s) hereby permitted without the prior approval in writing of the Local Planning Authority. https://www.gov.uk/planning-inspectorate 5