®Planning appeal decision
Land Opposite No. 39 Buxton Road, Frettenham, NR12 7NL
Planning appeal 3285244 at Land Opposite No. 39 Buxton Road, Frettenham, NR12 7NL (Broadland District Council) was dismissed on 9 January 2023 by Inspector Szymanski D, following a hearing. The main issue, as the Inspector framed it: Whether the location, the land use and the amount of development is suitable with particular regard to policies for the location of new housing.
1 new self-build home (0.48Ha)
- Authority
- Broadland District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Hearing
- Development
- residential · Minor Dwellings
- Inspector
- Szymanski D
- Postcode
- NR12 7NL
Main issues, as the Inspector framed them
- Whether the location, the land use and the amount of development is suitable with particular regard to policies for the location of new housing
- Whether the location, the land use and the amount of development is suitable with particular regard to access to services and facilities
- Whether the location, the land use and the amount of development is suitable with particular regard to the character and appearance of the area
- Whether the location, the land use and the amount of development is suitable with particular regard to biodiversity
- Whether the location, the land use and the amount of development is suitable with particular regard to European designated habitats sites
What decided it
The proposal's likely adverse nutrient impacts on the Broads Habitats sites could not be ruled out or mitigated at Permission in Principle stage, engaging Regulation 63(5) of the Habitats Regulations and precluding the grant of permission.
the harms to location policy compliance, access to services, character and appearance, biodiversity and habitats sites attracted significant weight against the scheme, which significantly and demonstrably outweighed the moderate social and economic benefits and policy compliance benefits
What the Inspector cited
- Development plan policies
- Policy GC2Policy GC4Policy EN1Policy EN2Policy 1 of the JCSPolicy 6 of the JCSPolicy 2 of the JCSPolicy 7.5
- National Planning Policy Framework
- Paragraph 11Paragraph 79Paragraph 85Paragraph 120Paragraph 174Paragraph 80
- Judgments
- Corbett v Cornwall Council [2022] EWCA Civ 1069; Braintree DC v Secretary of State for Communities and Local Government [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 appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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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.