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Planning appeal decision

Notice varied and upheld4 September 20233286363

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.