Erection of single storey front extension to existing dwelling
📊
See the success rate & inspector analytics
Free to view — just create an account, no payment needed.
Sign Up FreeTechnical Issues Heatmap
Green Belt Policy
Heritage & Conservation
Rural Impact
Inspector’s Reasoning
Appeal Decision
Site visit made on 20 May 2025
by E Dade BA (Hons) MSc MRTPI
an Inspector appointed by the Secretary of State
Decision date: 29 May 2025
Appeal Ref: APP/G5180/D/24/3352298
Luxted Farm Barn, Luxted Road, Downe, Orpington, Bromley BR6 7JT
• The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended)
against a refusal to grant planning permission.
• The appeal is made by Residential Creations against the decision of the Council of the London
Borough of Bromley.
• The application Ref is DC/24/01828/FULL6.
• The development proposed is erection of single storey front extension to existing dwelling.
Decision
1. The appeal is allowed and planning permission is granted for erection of single
storey front extension to existing dwelling at Luxted Farm Barn, Luxted Road,
Downe, Orpington, Bromley BR6 7JT in accordance with the terms of the
application, Ref DC/24/01828/FULL6, subject to the following conditions:
1) The development hereby permitted shall begin not later than three years from
the date of this decision.
2) The development hereby permitted shall be carried out in accordance with
drawing nos 5996-23-PL001 P1; 5996-23-PL002 P1; 5996-23-PL003 P1;
5996-23-PL004 P1.
3) The external materials of the extension hereby permitted shall match those
used in the existing dwelling.
Applications for costs
2. An application for costs was made by Residential Creations against the decision of
the Council of the London Borough of Bromley. This application is the subject of a
separate decision.
Preliminary Matters
3. In December 2024, government published a revised National Planning Policy
Framework (the Framework). The written submissions pre-date the publication of
the revised Framework which made certain changes to national Green Belt policy.
4. However, matters relevant to this appeal have not materially changed from the
Framework’s previous iteration, notably, the fundamental aims of Green Belt
policy, essential characteristics of the Green Belt, and the five Green Belt
purposes, as described by Framework paragraphs 142 and 143. Furthermore,
Framework paragraph 154(c) maintains that the extension or alteration of a
building provided that it does not result in disproportionate additions over and
above the size of the original building is not inappropriate development. Therefore,
Appeal Decision APP/G5180/D/24/3352298
2
in this circumstance it was not necessary to consult the parties on the implications
of the revised Framework.
Main Issue
5. The main issue in this appeal is whether the proposed development would be
inappropriate development in the Green Belt, having regard to the Framework and
relevant development plan policies.
Reasons
6. The appeal site comprises a detached dwelling and its garden. It is set back
behind dwellings which front onto the highway, and is served by a private access
road. Beyond the site are fields and paddocks. The site is in a rural location within
the Metropolitan Green Belt.
7. As stated at paragraph 142 of the Framework, the fundamental aim of Green Belt
policy is to prevent urban sprawl by keeping land permanently open.
8. Policy 49 of the Bromley Local Plan 2019 (BLP) resists inappropriate development
in the Green Belt unless the harm is clearly outweighed by very special
circumstances. Policy 49 identifies certain forms of development that are not
considered to be inappropriate, including the extension or alteration of a building
that does not result in disproportionate additions over and above the size of the
original building. This requirement reflects paragraph 154(c) of the Framework.
9. BLP Policy 51 provides additional criteria for the extension and alteration of
dwellings in the Green Belt.
10. The proposal would result in a 9.4% net increase in external floor area. Since the
increase would be less than 10% of the external floor area of the original
dwellinghouse, the parties agree the proposed extension would comply with
criterion (a) of Policy 51.
11. However, Policy 51 also requires that (b) the size, siting, materials and design do
not harm visual amenities or the open or rural character of the locality; and (c) the
development does not result in a significant detrimental change in the overall form,
bulk or character of the original dwellinghouse. In addition, BLP Policies 6 and 37
provide design criteria relevant to the proposed residential extension.
12. The proposed extension would be single storey with a mono pitched roof. The roof
plane would slope at a shallow angle. The design would therefore minimise the
overall size, and the proposed extension would be modest in scale.
13. The appeal property is a chalet-style dwelling and has large, prominent, front
dormers. It is of recent construction, having replaced a former agricultural building.
Through its form and materials, the design of the dwelling emulates the traditional
appearance of a barn. However, the dwelling’s design incorporates modern
features, such as extensive glazing at the front elevation.
14. The proposed extension would have a contemporary appearance. However, it
would utilise materials to match the existing dwelling, including its windows which
would provide a continuation of the glazing at the front elevation.
15. In addition to being distant from the highway and beyond existing built form, the
appeal property is oriented away from the street and neighbouring dwellings and
Appeal Decision APP/G5180/D/24/3352298
3
faces into its large, private garden. The proposed extension would not therefore be
visible from the highway and there is visual separation from surrounding dwellings.
16. The appeal property is set back in the site. The proposed extension would be to
one side of the front elevation, away from boundaries and would project into an
area of private garden. The plot is enclosed by a mix of boundary treatments
including a solid gate, fences, and hedges. This provides clear separation from
surrounding paddocks and agricultural land and the proposal would not encroach
into countryside.
17. A public right of way (PRoW) runs along the vehicular access and continues past
the site. Beyond the site, the PRoW is enclosed by dense vegetation which would
prevents long distance views of the proposed extension. On passing the site, there
would be glimpsed views through boundary vegetation. However, the proposed
extension would be viewed against the contemporary features of the host
dwelling’s front elevation and would not be viewed in the context of neighbouring
dwellings. Therefore, the proposal would not be visually prominent and would not
detract from the rural character of the area.
18. Through its scale and form, the proposed extension would appear subservient to
the host dwelling and would not add harmful bulk to the dwelling’s form. The
proposed extension would be of limited visual prominence from public vantage
points. The original form of the building would be readily discernible, and the
proposed extension would not significantly alter the dwelling’s character.
19. For these reasons, the proposal would not harm visual amenities or the open or
rural character of the locality and would not result in a significant detrimental
change in the overall form, bulk or character of the original dwellinghouse. The
proposal would therefore satisfy criteria (a)-(c) of BLP Policy 51. Therefore, the
proposal would not result in a disproportionate addition to the appeal property and
would not constitute inappropriate development within the Green Belt.
20. The proposal would therefore comply with BLP Policies 49 and 51, and Policy G2
of The London Plan 2021, which together protects the Green Belt from incremental
harm from inappropriate development.
21. In addition, the proposal would comply with BLP Policies 6 and 37 which require
proposals be of a high standard of design and layout, and requires the scale, form
and materials of construction respect or complement the host dwelling and be
compatible with development in the surrounding area.
Other Matters
22. To the northwest of the appeal property is Luxted Farmhouse, a two-storey, Grade
II listed building, which was constructed in the 18th century. The building has a tiled
roof, two gabled dormers, casement windows, and is faced with knapped flints with
vertical strips of red brick-like quoins. The building’s significance is therefore
derived from its historic and architectural interest.
23. The appeal site was formerly connected with the listed building. However,
boundary treatments provide clear visual separation between the appeal property
and listed building. The proposed extension would not be visible from the public
highway, and therefore would not affect views of the listed building from the street.
Appeal Decision APP/G5180/D/24/3352298
4
24. From the PRoW to the south, the listed building is only partly visible above its
boundary hedge. In addition, as discussed above, the proposed extension would
be modest in scale, would be in keeping with the host property’s character, and
would be well-screened by boundary treatments. Therefore, the proposed
development would not have an adverse impact on views of the listed building
from the PRoW.
25. The proposal would therefore preserve the building, its setting, and features of
special architectural or historic interest, and would thus comply with the Planning
(Listed Buildings and Conservation Areas) Act 1990.
Conditions
26. In addition to the standard time limit for implementation, in the interests of certainty
I have attached a condition specifying the approved plans. To maintain the
character and appearance of the area, I have included a condition requiring
external materials match the existing building.
27. As indicated in the committee report, the proposal would not be subject to the
requirements of the national mandatory Biodiversity Net Gain. The proposed
extension would have a small footprint and would be sited on an area that is
presently a paved patio and therefore would not result in a loss of habitat. The
committee report suggests there would be opportunity for biodiversity
enhancements including new planting and landscaping within the site. However, I
have not included such a condition since it is unclear why such enhancements
would be necessary to make the development acceptable in planning terms.
28. The proposed extension’s roof surface would be inaccessible from the dwelling.
Therefore, a condition to prevent use as a balcony/terrace is not necessary.
Conclusion
29. For the reasons given above, having regard to the development plan taken as a
whole and all other relevant material considerations, I conclude the appeal should
be allowed.
E Dade
INSPECTOR
£
Costs decision section
Costs Decision
Site visit made on 20 May 2025
by E Dade BA (Hons) MSc MRTPI
an Inspector appointed by the Secretary of State
Decision date: 29 May 2025
Costs application in relation to Appeal Ref: APP/G5180/D/24/3352298
Luxted Farm Barn, Luxted Road, Downe, Orpington, Bromley BR6 7JT
• The application is made under the Town and Country Planning Act 1990, sections 78, 322 and
Schedule 6, and the Local Government Act 1972, section 250(5).
• The application is made by Residential Creations for a full award of costs against the Council of the
London Borough of Bromley.
• The appeal was against the refusal of planning permission for erection of single storey front
extension to existing dwelling.
Decision
1. The application for an award of costs is allowed in the terms set out below.
Reasons
2. Parties in planning appeals normally meet their own expenses. However, the
Planning Practice Guidance (PPG) advises that costs may be awarded against a
party who has behaved unreasonably and thereby caused the party applying for
costs to incur unnecessary or wasted expense in the appeal process.
3. PPG paragraph 49 provides examples of types of behaviour that may give rise to a
substantive award of costs against a local planning authority, such as preventing or
delaying development which should clearly be permitted, having regard to its
accordance with the development plan, national policy and any other material
considerations; failure to produce evidence to substantiate each reason for refusal
on appeal; and vague, generalised or inaccurate assertions about a proposal’s
impact, which are unsupported by any objective analysis.
4. The applicant asserts that the proposal and the planning officer’s assessment, as
provided in its committee reports, set out clearly how the application complies with
the development plan and the National Planning Policy Framework (the
Framework). The applicant therefore considers the Council prevented and delayed
development which should clearly be permitted.
5. However, the Council assert the proposal would conflict with Policy 51 of the
Bromley Local Plan 2019 which requires extensions to dwellings in the Green Belt
not harm visual amenity or the open or rural character of the locality by virtue of its
size, siting, materials and design; and not result in a significant detrimental change
in the overall form, bulk or character of the original dwellinghouse.
6. The minutes of the meeting of the Planning Committee in August 2024 indicate that
some members felt more weight should be given to the proposed design, including
whether it would have a detrimental impact on the area’s character and whether it
would be in-keeping with the look of the area. The Council’s costs rebuttal provides
Costs Decision APP/G5180/D/24/3352298
2
some additional clarification, suggesting the way in which the proposed extension
manifests itself extending from the main form of the house is considered to be
visually prominent and out of keeping with the host property and its surroundings.
7. Paragraph 7.2.9 of the committee report concludes the dwelling is not within a
conventional street scene, the proposal would not be viewed in the context of its
neighbours, and the proposal would not detract from a prevailing local character or
setting. The assessment found the proposed extension would remain subservient in
footprint, size, scale and mass to the constructed dwellinghouse, and would not
appear to overdevelop the plot, appear cramped, or dominate the dwellinghouse.
8. The Planning Committee is not obliged to follow the recommendation of officers,
and assessment of design and character requires the decision-maker exercise
judgement, thus introducing an element of subjectivity to the assessment process.
9. However, the locations from which the proposal would appear visually prominent
are not identified and the effects on the Green Belt’s visual amenity and its open or
rural character are not explained. Furthermore, the submitted evidence does not
demonstrate the development would result in a significant detrimental change in the
overall form, bulk or character of the original dwellinghouse.
10. Therefore, whilst the Council has raised concerns with the design approach, it has
provided no objective analysis to demonstrate the proposal would represent a
disproportionate addition constituting inappropriate development. The submitted
evidence fails to quantify the effects of the proposal on the fundamental aim,
essential characteristics, and purposes of the Green Belt.
11. The Council’s assertion that the proposal would conflict with Policy 51 is not
supported by objective analysis, and the Council has failed to produce evidence to
substantiate the reason for refusal. The Council therefore prevented development
which should clearly be permitted. Since the appeal could have been avoided, the
applicant incurred unnecessary expense in the appeal process.
12. For the reasons given above, unreasonable behaviour resulting in unnecessary or
wasted expense has occurred and a full award of costs is therefore warranted.
Costs Order
13. In exercise of the powers under section 250(5) of the Local Government Act 1972
and Schedule 6 of the Town and Country Planning Act 1990 as amended, and all
other enabling powers in that behalf, IT IS HEREBY ORDERED that the Council of
the London Borough of Bromley shall pay to Residential Creations, the costs of the
appeal proceedings described in the heading of this decision; such costs to be
assessed in the Senior Courts Costs Office if not agreed.
14. The applicant is now invited to submit to the Council of the London Borough of
Bromley, to whom a copy of this decision has been sent, details of those costs with
a view to reaching agreement as to the amount.
E Dade
INSPECTOR
Expert Representation
Don't leave your appeal to chance.
Inspectors are inconsistent. We build a technical defense using precedents from our 182,000+ case archive.
No win, no fee Householder representation — you only pay if you win.