- Decision
- allowed, 22 September 2026
- Decided by
- Planning Inspector: B Pattison
- Authority
- Sevenoaks (South East)
- Appeal reference
- 6012162
- Application reference
- 26/00681/HOUSE
- Procedure
- householder
- Development
- Detached outbuilding (storage/workshop) in the grounds of a large rural dwelling
- Site context
- green belt, open countryside
- Green Belt
- Yes (grey belt not argued)
- Framework applied
- August 2026 NPPF
- Determinative policies
- GB7(1)(e), AnnexB:previously-developed-land
- Development plan policies
- Sevenoaks ADMP 2015 GB3, Sevenoaks Green Belt SPD
- Main issues
- inappropriate development; openness; PDL
Summary
A large detached outbuilding in the secluded grounds of a big rural house. It was allowed. The garden, not being in a built-up area, was PDL, so the building was assessed under GB7(1)(e). With limited effect on openness (not "substantial harm"), it was not inappropriate. The stricter local policy was given very limited weight as inconsistent with the Framework.
Issues and findings
- PDL: "residential gardens that are not in built-up areas are not excluded from the general definition of previously developed land … the appeal site is not in a built-up area and therefore represents previously developed land" (DL ¶8-9).
- Openness: "moderate reduction in spatial openness" (DL ¶11). Visual effect "very minimal … the overall impact on the openness of the Green Belt would be limited" (DL ¶13).
- Local policy inconsistent: "The wording used in Policy GB3, in relation to the impact on openness, is therefore not strictly consistent with the Framework" (DL ¶10). "Annex A of the Framework confirms that development plan policies … which are materially inconsistent … should be given very limited weight" (DL ¶16).
- Conclusion: "The outbuilding would not cause substantial harm to the openness of the Green Belt, and therefore it meets the exception in GB7.1.e." (DL ¶17).
Planning balance
None needed. Not inappropriate. The s38(6) conflict with ADMP GB3 was outweighed by the Framework (DL ¶16).
What made the difference
Using GB7(1)(e) rather than (b). The garden-as-PDL analysis (Dartford) plus the high "substantial harm" threshold let a large outbuilding through that would probably have failed a proportionality test.
Transferable points
- Residential gardens outside built-up areas are PDL, so outbuildings there can be tested under GB7(1)(e) ("not substantial harm to openness") rather than GB7(1)(b) proportionality (DL ¶8-9, 17).
- Local outbuilding policies using "materially harm openness" are inconsistent with GB7(1)(e) and get very limited weight via Annex A (DL ¶10, 16).
- Size-guide SPD footprints (40 sqm) are guidance, not rules (DL ¶15).
- DM6: no PD-removal condition without clear justification (DL ¶21).
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| AnnexB:previously-developed-land | pass | residential garden not in a built-up area is PDL (Dartford BC v SSCLG [2017] EWCA Civ 141) (DL 8-9) | |
| GB7(1)(e) | pass | moderate spatial, very minimal visual effect — limited overall, not substantial harm to openness (DL 11-13, 17) | |
| Sevenoaks ADMP GB3 | conflict | very-limited | local "materially harm" openness test inconsistent with GB7(1)(e) "substantial harm"; Annex A — very limited weight; SPD 40 sqm guide not a rule (DL 10, 15-16) |
| DM6 | neutral | no condition removing PD rights without clear justification (DL 21) |
Key facts
- Outbuilding about 180 m from School Lane in large wooded grounds, well screened
- Footprint exceeds Sevenoaks SPD 40 sqm guide
- Local plan outbuilding policy test ("not materially harm openness") held inconsistent with GB7(1)(e) and given very limited weight
Related decisions
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.