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Dismissed24 August 20213263268

Land West of Pound Lane, Filby, Great Yarmouth, Norfolk, NR29 3HP

Planning appeal 3263268 at Land West of Pound Lane, Filby, Great Yarmouth, Norfolk, NR29 3HP (Great Yarmouth Borough Council) was dismissed on 24 August 2021 by Inspector Dyer I, by written representations. The main issue, as the Inspector framed it: Whether the site is a suitable location for 15 new dwellings, with particular regard to local policy for the delivery of housing.

the erection of 15 no. dwellings, 3 of which are affordable units, with associated parking and garages, the creation of a footpath from the site access to Main Road along Pound Lane and an attenuation lagoon on site

Authority
Great Yarmouth Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Dyer I
Postcode
NR29 3HP

Main issues, as the Inspector framed them

  • Whether the site is a suitable location for 15 new dwellings, with particular regard to local policy for the delivery of housing
  • The effect of the proposal on the safety of highway users and efficient movement of traffic, with particular reference to the junction of Pound Lane with Main Road
  • The effect of the proposal on the availability of agricultural land
  • The effect of the proposal on Trinity Broads, with particular regard to foul water contamination

What decided it

The significant harm to highway safety at the junction, combined with conflict with the spatial strategy and loss of best and most versatile agricultural land, outweighed the moderate benefits of housing delivery.

The identified harm to highway safety, conflict with spatial strategy, and loss of agricultural land significantly and demonstrably outweighed the moderate benefits of housing delivery, footway provision, and ecological enhancement, even accepting the policies may be out-of-date.

What the Inspector cited

Development plan policies
Policy CS2Policy CS6Policy CS11Policy CS16
National Planning Policy Framework
Paragraph 11Paragraph 48Paragraph 80Paragraph 79Paragraph 110Paragraph 174
Judgments
Braintree DC v SSCLG, Greyread Ltd & Granville Developments Ltd [2018] EWCA Civ 610

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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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.