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Planning appeal decision

Split Decision17 May 20233236385

Arcady, Holt Road, Cley-next-the-sea, HOLT, NR25 7TU

dwelling and associated external works and landscaping

Authority
North Norfolk District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
residential · Householder developments
Inspector
Lewis D

Main issues, as the Inspector framed them

  • The main issue is whether the existing development or the development proposed is of a high standard of design that reinforces local distinctiveness, taking particular account of its effect on the historic environment, landscape character and the AONB.
  • The main issue is the effect of the proposed variation of condition 2 on the historic environment, landscape character and the AONB (Appeal C).
  • As with Appeal A, the main issue is whether the development proposed is of a high standard of design that reinforces local distinctiveness, taking particular account of its effect on the historic environment, landscape character and the AONB (Appeal D).

What decided it

The less than substantial harm to the significance of Cley Conservation Area and to the setting of the Grade I listed St Margaret's Church, caused by the excessive height, mass and scale of the replacement dwelling, was not outweighed by the limited public benefits, providing a clear reason for refusal in both the enforcement appeal (Appeal A) and the mediation scheme appeal (Appeal D).

The less than substantial harm to the significance of the Conservation Area and the Church was not outweighed by the small public benefits identified (ecological enhancement, sustainable construction, addition to housing stock), so the balance favoured refusal of the dwelling and engineering works, while permission was granted for the annexe and swimming pool which caused no such harm.

Framework references: 11, 199

Plan policies cited: Policy EN 1, Policy EN 2, Policy EN 4, Policy EN 6, Policy EN 8, Policy HO 8

Judgments cited: Choiceplace Properties Ltd v Secretary of State for Housing, Communities and Local Government [2021] EWHC 1070 (Admin); Armstrong v Secretary of State for Levelling Up, Housing and Communities [2023] EWHC 142 (KB); Council of the City of Newcastle upon Tyne v Secretary of State for Levelling Up, Housing and Communities and others [2022] EWHC 2752 (Admin)

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.