Planning appeal decision
Robyn's Nest, Baldwins Drove, Outwell, Norfolk, PE14 8SB
Without planning permission, the material change of use of the Land from agricultural use to a mixed use of agricultural land and use for residential purposes
- Authority
- King's Lynn and West Norfolk Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- residential · Change of use
- Inspector
- Willows P
Main issues, as the Inspector framed them
- The effect of the development on the character and appearance of the area
- Whether the site is appropriately situated in relation to services and facilities, having regard to local and national policies relating to the location of development
- Whether the site is an appropriate location for a residential use, having regard to flood risk considerations
- Whether any harm is outweighed by any need for the development, and whether it makes any contribution to the provision of Gypsy and Traveller accommodation
What decided it
The failure to pass the flood risk sequential test combined with harm to rural character and an unsustainable location for residential use outweighed the personal need and Gypsy/Traveller accommodation benefits relied on by the appellants.
the harm to character and appearance, the unsustainable location, and the failure to pass the flood risk sequential test were not outweighed by the significant weight attached to the appellants' personal circumstances and the shortfall in Gypsy/Traveller accommodation
Framework references: 159
Plan policies cited: Policy CS06, Policy CS02, Policy DM2, Policy CS08, Policy CS09
Judgments cited: Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207; Grendon v FSS & Cotswold DC [2006] EWHC 1711 (Admin), [2007] JPL 275; Gravesham BC v SSE & O'Brien [1982] 47 P&CR 142; [1983] JPL 307; Miller-Mead v MoHLG [1963] 2 WLR 225
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.
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