®Planning appeal decision
Land South of the Manor, New Barn Lane, Cudham Westerham, Kent, TN16 2HT
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
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.
Judgments cited: F W Gabbitas v SSE and Newham LBC [1985] JPL 630
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.