Land at north of Longwood Road, west of Hawkhirst Road, Kenley, CR8 5DX

Main issues, as the Inspector framed them

• Whether the proposal would comprise the formation, laying out or construction of a means of access and hence would fall outside of the scope of the GPDO; and if not
• Whether the proposal would constitute permitted development under Schedule 2, Part 6, Class E of the GPDO, having particular regard to whether the proposal is reasonably necessary for the purposes of forestry, includes the provision of a dwelling and the height of any building or works within 3 kilometers of the perimeter of an aerodrome would exceed 3 meters in height; and if so
• Whether the siting and means of construction would be acceptable, with particular regard to highway safety, protected trees and biodiversity

What decided it

The Inspector found that the works required to make the existing gate and verge functional for vehicular and machinery access amounted to the formation of a new means of access, which fell outside the scope of the GPDO due to the Article 4 Direction removing those permitted development rights.