®Planning appeal decision
Land South of the Manor, New Barn Lane, Cudham Westerham, Kent, TN16 2HT
Planning appeal 3273659 at Land South of the Manor, New Barn Lane, Cudham Westerham, Kent, TN16 2HT (London Borough of Bromley) was dismissed on 30 May 2022 by Inspector Coyne C, following a hearing. The main issue, as the Inspector framed it: Whether the proposed development constitutes permitted development, having regard to whether the requirements of Schedule 2, Part 3, Class Q paragraph Q.1(a) of the GPDO would be met.
described on the application form as ‘Development proposed is under class Q PD rights to change the use of current agricultural building into a dwelling house and associated building works. Please see attached drawings and photographs for more details. The site is on New Barn Lane which has many detached dwellings nearby and is within 10 minutes of cycling distance of High Road of Biggin Hill high street. All habitable rooms are designed to have adequate natural light which will be further augmented by the retention of existing rooflights / skylights (there will be no loft space)’
- Authority
- London Borough of Bromley
- Appeal type
- minor · Planning Appeal
- Procedure
- Hearing
- Development
- residential · Change of use
- Inspector
- Coyne C
- Postcode
- TN16 2HT
Main issues, as the Inspector framed them
- Whether the proposed development constitutes permitted development, having regard to whether the requirements of Schedule 2, Part 3, Class Q paragraph Q.1(a) of the GPDO would be met
- if so, whether prior approval would be required in accordance with the relevant conditions set out in Paragraph Q.2 (1) of the GPDO
What decided it
The appellant's evidence was not sufficiently precise and unambiguous to establish, on the balance of probabilities, that the site including the barn was used solely for agriculture as part of an established agricultural unit for the purposes of a trade or business on the relevant date.
What the Inspector cited
- Judgments
- F W Gabbitas v SSE and Newham LBC [1985] JPL 630
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 appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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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.