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Planning appeal decision

Notice upheld7 December 20213279099

Land Adjacent to Riverside Farm, Garage Lane, Setchey Kings Lynn, Norfolk, PE33 0BE

Planning appeal 3279099 at Land Adjacent to Riverside Farm, Garage Lane, Setchey Kings Lynn, Norfolk, PE33 0BE (Norfolk County Council) was dismissed on 7 December 2021 by Inspector Saward K, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice is properly framed and not excessive in its requirements (ground f).

Material change of use of land for import, export, deposit, storage, handling and transfer of waste material; and as unauthorised access to waste facility with associated purposes including storage of skips, containers, plant/machinery, inert soils, recycled material and maintenance of vehicles

Authority
Norfolk County Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
minerals-waste · Change of use
Inspector
Saward K

Main issues, as the Inspector framed them

  • Whether the enforcement notice is properly framed and not excessive in its requirements (ground f)
  • Whether the alleged breach of planning control has occurred as a matter of fact (ground b)
  • Whether the time given to comply with the notice is reasonable (ground g)

What decided it

The seriousness of the harm to landscape and amenity, combined with the appellant's prior knowledge and the Council's position that waste could be moved 25 metres to the permitted area within the original timescale, justified the original compliance periods.

What the Inspector cited

National Planning Policy Framework
Paragraph 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 Norfolk County Council

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

  1. Notice varied and upheld5 February 20263310971
    Land at Salhouse Road, Rackheath, NR13 6LD
  2. Allowed8 July 20266004955
    Newall Plant Limited, Heron Farm, Bunwell Road, Besthorpe, NR17 2LN, NR17 2LN
  3. Unknown1 April 20263357097
    Appeal 3357097
  4. Unknown26 March 20263351261
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  5. Dismissed20 February 20263371326
    Cross Bank Road, Kings Lynn, Norfolk, PE34 3NE

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.