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Planning appeal decision

Split Decision12 August 20213245609

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

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

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

Framework references: 159, 162, 167, 126, 59

Plan policies cited: Policy DM35, Policy DM5, Policy DM6, Policy DM36, Policy DM43, Policy SP15

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.