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Split Decision12 August 20213245609

Black Gate Farm, High Mill Road, Cobholm, Great Yarmouth, Norfolk, NR31 0DL

Planning appeal 3245609 at Black Gate Farm, High Mill Road, Cobholm, Great Yarmouth, Norfolk, NR31 0DL (Broads) was allowed in part (a split decision) on 12 August 2021 by Inspector Saward K, following a hearing. The main issue, as the Inspector framed it: Whether there would be a risk to safety from flooding and the effect of the surfacing on flood risk.

without planning permission, operational development consisting of the surfacing of the Land in impermeable asphalt and the material change of use of the Land from a residential curtilage to a mixed use of a residential curtilage and the standing and use of seven static caravans for the purposes of a residential use in the approximate area marked with hatching on the plan attached to the notice

Authority
Broads
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Saward K
Postcode
NR31 0DL

Main issues, as the Inspector framed them

  • Whether there would be a risk to safety from flooding and the effect of the surfacing on flood risk
  • Whether there is compliance with local and national policies for the provision of gypsy and traveller accommodation
  • The effect of the surfacing on the character and appearance of the area
  • Whether there are any other considerations which outweigh any development plan conflict

What decided it

The unresolved and unassessed flood risk to the highly vulnerable caravan residential use, in the absence of an up-to-date Flood Risk Assessment or evidence satisfying the Sequential Test, outweighed the other considerations in favour of the development.

the harm identified from potential flood risk was so important that the conflict with the development plan was not outweighed by the personal circumstances of the gypsy/traveller families, the best interests of the children, or the social benefits of a settled base, so the appeal on ground (a) failed

What the Inspector cited

Development plan policies
Policy DM35Policy DM5Policy DM6Policy DM36Policy DM43Policy SP15
National Planning Policy Framework
Paragraph 159Paragraph 162Paragraph 167Paragraph 126Paragraph 59

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 applied

The decision letter

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More decisions in Broads

The authority’s record since 2016 · every decision in 2021

  1. Allowed24 April 20266002003
    The Pleasure Boat Inn, Staithe Road, Norwich, Norfolk, NR12 0YW
  2. Dismissed9 December 20253350415
    Driftwood, 104 Lower Street, Horning, Norfolk, NR12 8PF
  3. Notice varied and upheld22 April 20253322948
    The Berney Arms, Berney Arms, Reedham, Norfolk, NR30 1SB
  4. Notice varied and upheld22 April 20253322890
    The Berney Arms, Reedham, Great Yarmouth, Norfolk, NR30 1SB
  5. Notice varied and upheld29 July 20243316184
    Beauchamp Arms, Ferry Road, Carlton St Peter, Norfolk, NR14 6DH

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.