- Decision
- dismissed, 2 September 2026
- Decided by
- Planning Inspector: K Allen
- Authority
- Croydon (London)
- Appeal reference
- 6008014
- Application reference
- 25/02896/GPDO
- Procedure
- hearing
- Development
- Prior approval for formation of a private way for forestry use (GPDO Sch 2 Part 6 Class E)
- Site context
- TPO
- Green Belt
- No
- Framework applied
- No Framework version cited
- Determinative policies
- GPDO Sch2 Pt2 Class B (Article 4), TCPA s336(1)
- Main issues
- scope of permitted development; means of access
Summary
This was a prior approval appeal for a forestry private way through woodland at Kenley. It was dismissed because reopening a blocked verge access would be the "formation and laying out of a new means of access" (DL ¶12). An Article 4 Direction had removed those permitted development rights, so the proposal fell outside the GPDO (DL ¶13). The NPPF is not cited.
What made the difference
The works needed to break out cemented blocks and a bund, and possibly to surface the verge (DL ¶11). As a matter of fact and degree that made them an engineering operation, which the Article 4 Direction caught.
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| GPDO Sch2 Pt6 Class E | not-engaged | works to reopen blocked verge access = formation of a new means of access; Article 4 Direction (2003) removed Part 2 Class B rights, so planning permission required (DL 10-13) |
Key facts
- Access blocked by cemented concrete blocks under an earth bund after a 2016 enforcement appeal (DL 7-8)
- Appellant conceded at hearing that a new access under the Article 4 Direction takes the scheme outside the GPDO (DL 13)
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.