®Planning appeal decision
Land Known As Oak View, Hypocrite Lane, Wroo Road, Attleborough, Norfolk, NR17 1AR
Planning appeal 3243316 at Land Known As Oak View, Hypocrite Lane, Wroo Road, Attleborough, Norfolk, NR17 1AR (Breckland Council) was allowed in part (a split decision) on 25 November 2021 by Inspector Kean G, following an inquiry. The main issue, as the Inspector framed it: Whether the ten-year or four-year immunity rules apply and whether the alleged matters constitute a breach of planning control (grounds (c) and (d)).
Without planning permission, the material change of use of the Land from land used for agriculture to a mixed use of land used for agriculture, the keeping and breeding of dogs and residential use
- Authority
- Breckland Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- residential · Change of use
- Inspector
- Kean G
- Postcode
- NR17 1AR
Main issues, as the Inspector framed them
- Whether the ten-year or four-year immunity rules apply and whether the alleged matters constitute a breach of planning control (grounds (c) and (d))
- Whether the steps required by the notice exceed what is necessary to remedy the breach of planning control or any injury to amenity caused by it (ground (f))
- Whether the period specified in the notice for compliance falls short of what should reasonably be allowed (ground (g))
What decided it
The container was found, as a matter of fact and degree, to be a use of land rather than a building, so the residential use could not acquire immunity and the mixed use was confirmed as an unauthorised breach of planning control.
The harm caused by the development to the character and appearance of the locality and the unsustainable nature of residential development in this location was weighed against the appellant's need for time to resolve her accommodation, resulting in a 12-month compliance period rather than the requested 12-18 months or the Council's original 9 months.
What the Inspector cited
- Judgments
- Britannia Assets v SSCLG & Medway Council [2011]; Uratemp Ventures Ltd. v Collins [2001] UKHL 43; Grendon v First Secretary of State [2006] EWHC 1711 (Admin); Gravesham BC v SSE & O’Brien [1982] 47 P&CR 142; Wallington v Secretary of State for Wales (1991) 62 P & CR 150; Murfitt v Secretary of State for the Environment and East Cambridgeshire District Council [1980] 5 WLUK 47; Somak Travel Ltd v Secretary of State for the Environment [1987] 5 WLUK 176
How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.
See how each was appliedThe decision letter
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With an account
What an account adds to this decision
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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.