Page updated 4.30pm, Monday 13 April 2026
This page sets out the latest updates in relation to reported breach of planning control at Birchfield Wood, Church Road in Sundridge.
The FAQs below seek to address the points raised by the community, confirm what formal action has been taken so far and why, and our next steps.
In the meantime, thank you for your continued patience and understanding while we move forward with the nationally prescribed planning enforcement process.
Are the works illegal?
No. Although the works on the site are unauthorised and a breach of planning control has occurred, contrary to National and Local Planning Policy. The works which have occurred are not illegal. The occupiers on the site have owned the land since 17 October 2025 as recorded on land registry having purchased it from Sundridge Parish Council.
What has been done so far and what effect will it have?
We served an Enforcement Notice on Friday 10 April 2026.
In summary, we believe the use of the site and the work that has taken place without planning consent:
- is inappropriate development in the Green Belt that would lead to harm in principle and harm to openness and the purposes of the Green Belt
- causes harm to visual amenity and the character of the Kent Downs National Landscape
- has resulted in the loss of natural habitats, through re-surfacing works and further development.
The landowners are required to carry out the following works within three months of the Enforcement Notice taking effect on 10 May 2026:
- Cease the residential use of the land
- Remove all mobile homes and touring caravans from the land
- Remove all paraphernalia associated with the residential use including but not limited to vehicles and trailers
- Remove the hardstanding (located within the red line as shown on the attached plan)
- Return the land to its condition prior to the breach took place by re-seeding with a wild meadow grass mix.
- Remove from the land all building materials and rubble arising from compliance with the above requirements.
There is a right of appeal against an Enforcement Notice.
We also served a Temporary Stop Notice (TSN) on Tuesday 7 April 2026. This requires the following works to cease immediately:
1. The use of the land for residential purposes except for:
1.A The stationing of one mobile home, one tourer caravan and one vehicle used for residential purposes.
1.B The occupation of a maximum of two out of the following:
- tourer caravan
- static mobile home
- vehicle used for residential purposes
2. Engineering works to facilitate the change of use including engineering works which consist of connections to utilities on the site outlined in red on the plan and hardstanding.
3. Any other operational development on the land.
Why do we have the exemptions in 1A and 1B?
These exemptions follow the legislative requirements relating to these notices and consideration of the Human Rights Act and the Equalities Act.
The TSN is in force for 56 days until 2 June 2026, and in this time, we will continue to investigate the breach.
There is no right of appeal against a TSN. A breach of the TSN is a criminal offence for which the maximum penalty is an unlimited fine, if in non-compliance.
Why didn’t the Council act over the Bank Holiday weekend when it did at Season’s Farm?
Our planning team visited the site over the Bank Holiday weekend on several occasions. The breach of planning control was identified, and evidence was gathered as part of our initial investigation.
Our approach to planning enforcement is as set out in Enforcement Plan. In line with our Enforcement Plan, our Enforcement Team began their investigation within one working day (if deemed a Category A), 5 working days (if deemed a Category B) and 10 working days (if deemed a Category C). Any concerns raised during the weekend have been picked up and dealt with accordingly as set out above.
We understand local people are concerned about the potential planning breach at Church Road in Sundridge. However, the works at Season’s Farm were much more extensive and raised more significant planning issues, with potential harm identified to an oil pipeline of national importance, running through the site, in addition to other planning concerns. Even on the Seasons Farm site, with more extensive breaches and more harm identified, the consideration of the Injunction is still ongoing as are proceedings for Contempt of Court and the breaches at Seasons’s Farm are continuing.
Why didn’t the Council ask the High Court to grant an Injunction?
We must always bear in mind the full range of enforcement options available to us. We need to take account of the Human Rights Act and the Public Sector Equality Duty. For any breach of planning control, we need to consider what action may be expedient and proportionate based on the information available, the harm identified and any other material considerations.
In this case, other methods of enforcement such as the Temporary Stop Notice (TSN) served on 7 April 2026 and the Enforcement Notice served on 10 April 2026, were considered to be the most effective options following external legal advice.
Whilst Injunctions can be a powerful tool, the powers of an Injunction are limited and only available at the Court’s discretion. The Courts will expect other methods of enforcement to be considered and to use an Injunction only where other methods of enforcement are insufficient. The TSN served restricts the future threat to the site. Where there is less risk of a future threat, an Injunction may be refused by the Court.
What has happened since the Temporary Stop Notice (TSN) was served?
Following concerns raised by local residents, we have visited the site on several occasions.
We can confirm there are no additional caravans or mobile homes on site. Plant and hardcore was being removed, which was welcomed. There has been no additional development on the site since the TSN was served.
What happens next?
We will continue to monitor the site and carry out investigations into any new breaches in accordance with Government guidance and our Enforcement Plan. We have obtained legal advice relating to this site and will continue to do so as appropriate.
If in future there were a breach of the TSN, we will consider the public interest and evidential tests to establish if we can take a prosecution forward.
Any concerns about further works on site, that could be a breach of planning control, can be sent to planning.enforcement@sevenoaks.gov.uk for investigation.
You can also use this email address if you wish to be kept up to date about this site.
The site is in the Green Belt and the Kent Downs National Landscape. The trees on site are not protected with a Tree Preservation Order.
With the TSN and Enforcement Notice in place, we can now undertake a robust assessment of the impact of the unauthorised use and works and consider the potential harm to biodiversity and the public highway.
The owners of the site have co-operated with our Planning Enforcement team which has been helpful for the investigation.