# Land north of Longwood Road, Kenley, Croydon (forestry private way, Part 6 Class E)

- **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
- **Tags:** tier-2, prior-approval, article-4, framework-not-cited

## 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
- **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
- https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/appeals/6008014
- https://appeal-planning-decision.service.gov.uk/published-document/d08d7530-cbb5-4516-b932-07f12e21a1ac

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Source: https://planningdistilled.org/research/england/nppf-navigator/decisions/PINS-6008014.html

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