- Decision
- dismissed, 16 September 2026
- Decided by
- Planning Inspector: Claire Coles
- Authority
- Sevenoaks (South East)
- Appeal reference
- 6005088
- Application reference
- 25/02484/HOUSE
- Procedure
- householder
- Development
- Ancillary outbuilding in residential curtilage (three offices, kitchen, WCs, waiting area), with UU to forgo an approved pool building
- Site context
- green belt, national landscape, open countryside
- Green Belt
- Yes
- Framework applied
- August 2026 NPPF
- Determinative policies
- GB7(1)(b), GB6(2), N4
- Development plan policies
- Sevenoaks ADMP GB3, EN5, Sevenoaks Green Belt SPD
- Main issues
- inappropriate development; openness and purposes; National Landscape; VSC
Summary
An office-like "ancillary" outbuilding at a mixed-use farm complex in the Green Belt and High Weald National Landscape. The appellant offered a UU not to build a larger approved pool building. Dismissed. A new building is not covered by GB7(1)(b), and the swap failed because the appeal building would be sited further out and encroach more. There was also harm to the National Landscape.
Issues and findings
- Transition. Parties were invited to comment on the revised Framework; neither responded (DL ¶2).
- GB7(1)(b): FAIL. "The replacement of the pool building with the outbuilding would not comply with Policy GB7 b … as the outbuilding would not be in the same use as the pool building" (DL ¶8).
- Condition. An ancillary-use condition "would not meet the criteria set out in Policy DM6 … as the outbuilding would be functionally more akin to a commercial use" (DL ¶10).
- Openness. The appeal building "would have a greater effect on openness as it would be located further from the cluster of residential buildings" even though it is smaller than the pool building (DL ¶16).
- N4. The scheme "would not conserve and enhance the natural beauty of the area" (DL ¶24).
Planning balance
GB6(2). VSC not shown (DL ¶27).
What made the difference
Siting and use. A smaller building swapped for a larger approved one still loses if it spreads development further into open land and looks commercial.
Transferable points
- Swapping an unbuilt approved building for a new one does not by itself engage GB7(1)(b); the "same use" requirement applies (DL ¶8).
- Openness harm depends on siting relative to existing built clusters, not just footprint and volume (DL ¶16).
- An ancillary-use condition cannot rescue a building that is functionally commercial (DL ¶10).
- An unevidenced PD fallback carries no weight; use s191/192 (DL ¶25).
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| GB7(1)(b) | fail | new building, not reuse/extension; as a "replacement" for the unbuilt approved pool building it is not the same use; layout suggests commercial use (DL 6-9) | |
| DM6 | fail | ancillary-use condition would not be relevant because the building is functionally commercial (DL 10) | |
| GB6(2) | harm | substantial | spatial/visual openness harm and encroachment; sited further from the building cluster than the approved pool building (DL 13-18) |
| GB2(c) | harm | encroachment into countryside (DL 17) | |
| N4 | harm | substantial | commercial appearance harms High Weald National Landscape (DL 19-24) |
| fallback | neutral | PD outbuilding fallback unevidenced; UU swap with larger pool building did not offset because the new siting encroaches more (DL 16, 25) |
Key facts
- Farm complex with car sales/restoration business, equestrian use and dwellings
- Approved but unbuilt pool building (25/01208/HOUSE) is larger than the appeal building but closer to the building group
- Similar office building previously refused on appeal APP/G2245/C/21/3271033
- Revised plans at appeal rejected under Wheatcroft
- Sevenoaks SPD 40 sqm outbuilding guide; proposal significantly larger
Sources
This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.