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Planning appeal decision

Dismissed24 August 20213263268

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

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

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benefits of housing delivery, footway provision, and ecological enhancement, even accepting the policies may be out-of-date.

Framework references: 11, 48, 80, 79, 110, 174

Plan policies cited: Policy CS2, Policy CS6, Policy CS11, Policy CS16

Judgments cited: Braintree DC v SSCLG, Greyread Ltd & Granville Developments Ltd [2018] EWCA Civ 610

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.