# Well Hill Nursery, Fountain Farm, Firmingers Road, Orpington - **Decision:** dismissed, 22 September 2026 - **Decided by:** Planning Inspector: B Pattison - **Authority:** Sevenoaks (South East) - **Appeal reference:** 6012481 - **Application reference:** 26/00213/OUT - **Procedure:** written-representations - **Development:** Outline (all matters reserved), residential development of up to six dwellings (claimed self-build), offset by removing adjoining commercial buildings - **Homes:** 6 - **Site context:** green-belt, open-countryside, rural-lane - **Green Belt:** yes (grey belt accepted) - **Housing land supply (years):** 2.96 - **Framework applied:** August 2026 NPPF - **Determinative policies:** GB7(1)(g)(iii), TR3, GB6(2), N2, P3, TR6 - **Development plan policies:** Sevenoaks Core Strategy 2011 SP11, Sevenoaks ADMP 2015 EN1, EN2, EN7 - **Main issues:** inappropriate development, openness, protected species, highway safety, noise, VSC - **Tags:** grey-belt-accepted, sustainable-location-fail, connectivity-tool-used, vsc-not-shown, openness-harm, small-scheme, housing-shortfall, pdl-e-limb, protected-species-surveys-missing, self-build-unsecured, rural-lane-no-footway ## Summary Outline proposal for up to six dwellings on an open field next to the M25, offset by removing nearby commercial buildings. Dismissed. Grey belt and unmet need were agreed, but the site failed GB7(1)(g)(iii): it scored poorly on the Connectivity Tool, had no public transport, and was reached by unlit rural roads without footways. The scheme was therefore inappropriate development, and no very special circumstances were shown. Missing protected-species surveys, M25 noise and poor access visibility added to the harm. ## Issues and findings - **Transition.** Parties were invited to comment on the 17 Aug 2026 Framework (DL ¶2). - **GB7(1)(e) PDL: FAIL.** "The existence of PDL adjacent to the appeal site does not automatically make the whole site PDL" (DL ¶9). - **Grey belt, (g)(i) and (g)(ii): agreed** (DL ¶11-12). - **GB7(1)(g)(iii) / TR3: FAIL.** "the appeal site scores poorly on the Connectivity Tool as a result of its low accessibility and connectivity to surrounding services and transport routes" (DL ¶14). "The absence of street lighting, dedicated footpaths, and cycle lanes on the surrounding local, rural roads significantly reduces their suitability for walking or cycling, particularly outside daylight hours or in poor weather conditions" (DL ¶15). Existing commercial trip generation was unevidenced and did not help (DL ¶16). "although the appeal site is grey belt land, the proposal conflicts with criteria GB7.g.iii … Consequently, the proposal is inappropriate development" (DL ¶17). - **Openness: substantial harm.** "significant built form into a space where currently there is no development … a substantial harmful effect on spatial openness" (DL ¶19). Demolishing the adjoining buildings was not a net openness benefit, because the new dwellings would be "more visible in views from the public domain than the existing buildings" (DL ¶40-41). - **Protected species (N2): conflict.** Surveys for GCN, reptiles and bats were outstanding and could not be left to conditions (DL ¶26-30). - **Noise (P3) and access (TR6): conflict** (DL ¶34, 38). ## Planning balance GB6(2) VSC balance. Substantial weight to inappropriateness and to openness harm. Housing (2.96 years' supply) had only limited weight: "the lack of realistic alternatives to travel by car moderates the benefit arising from additional housing in this particular location" (DL ¶42). Removing lorry noise had moderate weight; economic, CIL and energy benefits limited. The constraint argument (Green Belt, National Landscape, flood) carried no weight once the scheme was found inappropriate (DL ¶43). "the considerations advanced … do not clearly outweigh the totality of the harm" (DL ¶52). ## What made the difference Location. It is one of the first letters to record a Connectivity Tool score: the poor score was undisputed and, together with no buses and unlit, footway-less lanes, it decided limb (iii). The same car-dependence was then used to cut the weight given to the housing benefit. A site with a walkable route to a served settlement would have passed limb (iii) and avoided the VSC test. Even so, the missing ecology surveys, noise evidence and access visibility would have made approval unlikely. ## Transferable points - A poor Connectivity Tool score, left unrebutted, supports failure of GB7(1)(g)(iii) and TR3 (DL ¶13-14). - Unlit rural roads without footways or cycle lanes are unsuitable for walking or cycling "particularly outside daylight hours or in poor weather" (DL ¶15). - The weight given to the housing benefit can be moderated where occupiers would have no realistic alternative to the car (DL ¶42). - Land next to PDL is not PDL (DL ¶9). - Offsetting demolition does not help openness where the new built form would be more visible (DL ¶40-41). - District-wide constraints carry no weight once a proposal is found inappropriate (DL ¶43). - Unsecured self-build is treated as market housing (DL ¶50). ## Policy findings - **GB7(1)(e): fail.** open grass field with no built form is not PDL; adjacent PDL (found in earlier enforcement appeal) does not make the whole site PDL (DL 8-10) - **AnnexB:grey-belt: pass.** agreed between parties (DL 11) - **GB7(1)(g)(i): pass.** agreed (DL 12) - **GB7(1)(g)(ii): pass.** agreed; 2.96 yrs supply (DL 12, 42) - **GB7(1)(g)(iii): fail.** undisputed poor Connectivity Tool score; nearest settlement (Well Hill) has few services; no accessible public transport; no lighting, footways or cycle lanes (DL 13-17) - **GB6(2): harm (substantial weight).** substantial harm to spatial and visual openness from up to six dwellings (1,600 m3) on an open field; VSC not shown (DL 19-21, 51-52) - **N2: fail (substantial weight).** no GCN, reptile or bat surveys; cannot be conditioned (Circular 06/2005 para 99) (DL 22-30, 53) - **P3: conflict.** M25 noise; external areas above BS8233; noise assessment lacked equipment, data, author credentials (DL 31-34) - **TR6: fail.** narrow access near junction, poor visibility, splays may need third-party land (DL 35-38) - **HO7: benefit (limited weight).** small contribution; benefit moderated by lack of realistic alternatives to the car (DL 42); self-build not secured, so assessed as market housing (DL 49-50) ## Key facts - Open grass field beside M25 and a commercial yard in the appellant's ownership; nearest settlement Well Hill has few services - Site "scores poorly" on the government Connectivity Tool — not disputed by the appellant - No accessible public transport; surrounding rural roads have no street lighting, footways or cycle lanes - Sevenoaks supply 2.96 years - Offer to demolish 1,600 m3 of existing buildings and remove 600 m2 hardstanding did not register as an openness benefit, because the new houses would be more visible - Self-build claimed but no s106 to secure it ## Sources - https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/appeals/6012481 - https://appeal-planning-decision.service.gov.uk/published-document/eb73f144-6f93-43fd-ad20-9f9eb66b30c0 --- Source: https://planningdistilled.org/research/england/nppf-navigator/decisions/PINS-6012481.html A summary of a public planning decision, written from the decision letter. 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