®Planning appeal decision
Land opposite No. 39 Buxton Road, Frettenham, NR12 7NL
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
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
Framework references: 11, 79, 85, 120, 174, 80
Plan policies cited: Policy GC2, Policy GC4, Policy EN1, Policy EN2, Policy 1 of the JCS, Policy 6 of the JCS, Policy 2 of the JCS, Policy 7.5
Judgments cited: Corbett v Cornwall Council [2022] EWCA Civ 1069; Braintree DC v Secretary of State for Communities and Local Government [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.