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Split Decision5 October 20223276307

The Common, South Creake, Fakenham, Norfolk, NR21 9JB

Planning appeal 3276307 at The Common, South Creake, Fakenham, Norfolk, NR21 9JB (King's Lynn and West Norfolk Borough Council) was allowed in part (a split decision) on 5 October 2022 by Inspector Franks Z, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a certificate of lawfulness for the use of the appeal site for drainage pits and the storage of industrial machinery, vehicles (including lorries), trailers, straw, waste stone, soil and polythene was well-founded.

Use as drainage pits (certificate of lawful use granted for drainage pits only; storage use elements not proven)

Authority
King's Lynn and West Norfolk Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Minor general industry/storage/warehousing
Inspector
Franks Z
Postcode
NR21 9JB

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to grant a certificate of lawfulness for the use of the appeal site for drainage pits and the storage of industrial machinery, vehicles (including lorries), trailers, straw, waste stone, soil and polythene was well-founded

What decided it

The historical aerial photographs taken over a 16-year period during the business operation consistently showed only the drainage pits with no visible storage materials, contradicting the appellant's claim of substantially uninterrupted storage use, and the appellant failed to provide sufficiently precise and unambiguous evidence of storage use over a ten-year period.

The decision letter

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More decisions in King's Lynn and West Norfolk Borough Council

The authority’s record since 2016 · every decision in 2022

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  5. Allowed7 May 20263376192
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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.

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