This page provides updates on the reported breach of planning control at Birchfield Wood, Church Road, Sundridge.
It seeks 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 are not illegal. The occupiers of the site have owned the land since 17 October 2025, as recorded by the Land Registry, having purchased it from Sundridge Parish Council.
Planning appeal
The owners of the site at Church Road, Sundridge, have appealed to the Planning Inspectorate against our Enforcement Notice.
The appeal was heard at a hearing on 8 September 2026. We are currently awaiting the appeal decision.
View the appeal documents.
What has been done so far and what effect will it have?
We served an Enforcement Notice on 17 April 2026.
In summary, we believe that the use of the site and the work that has taken place without planning consent have the following effects:
- They constitute inappropriate development in the Green Belt that would lead to harm in principle and harm to its openness and purposes.
- They cause harm to visual amenity and the character of the Kent Downs National Landscape.
- They have resulted in the loss of natural habitats through resurfacing works and further development.
The landowners are required to carry out the following works within three months of the Enforcement Notice taking effect on 17 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 before the breach took place by reseeding 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 works to connect utilities on the site outlined in red on the plan and works to create 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. During 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.
Why didn’t the Council act over the Easter Bank Holiday weekend when it did at Seasons Farm?
Our planning team visited the site over the Easter 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 set out in our Enforcement Plan. In line with our Enforcement Plan, our Enforcement Team began its investigation within one working day for a Category A case, five working days for a Category B case or ten working days for a Category C case. Any concerns raised during the weekend have been picked up and dealt with accordingly, as set out above.
We understand that local people are concerned about the potential planning breach at Church Road in Sundridge. However, the works at Seasons Farm were much more extensive and raised more significant planning issues. In addition to other planning concerns, potential harm was identified to an oil pipeline of national importance running through the site. Even at Seasons Farm, where more extensive breaches and greater harm have been identified, consideration of the injunction and proceedings for contempt of court are still ongoing, and the breaches 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, their powers are limited and they are only available at the Court’s discretion. The Courts will expect other methods of enforcement to be considered and an injunction to be used only where those methods 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 were being removed, which was welcomed. There has been no additional development on the site since the TSN was served.
We investigated concerns raised by the public over the weekend of 18 and 19 April 2026. Some tree branches had been removed and a tree, which had fallen onto the site from neighbouring land, had been cut up. As there are no Tree Preservation Orders at this site, nor is the site located within a Conservation Area, we can confirm these works do not require consent. Therefore, they do not represent a breach of the TSN or the Enforcement Notice.
On 28 April 2026, we investigated reports of a new structure on the site. The structure is a moveable stable and therefore did not breach the TSN.
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 there is a breach of the TSN in future, we will consider the public interest and evidential tests to establish whether we can pursue a prosecution.
Any concerns about further works on site that could constitute 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 by 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.