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Notice varied and upheld4 September 20233286363

Robyn's Nest, Baldwins Drove, Outwell, Norfolk, PE14 8SB

Planning appeal 3286363 at Robyn's Nest, Baldwins Drove, Outwell, Norfolk, PE14 8SB (King's Lynn and West Norfolk Borough Council) was allowed in part (a split decision) on 4 September 2023 by Inspector Willows P, following an inquiry. The main issue, as the Inspector framed it: The effect of the development on the character and appearance of the area.

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

Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
residential · Change of use
Inspector
Willows P
Postcode
PE14 8SB

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

What the Inspector cited

Development plan policies
Policy CS06Policy CS02Policy DM2Policy CS08Policy CS09
National Planning Policy Framework
Paragraph 159
Judgments
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

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 King's Lynn and West Norfolk Borough Council

The authority’s record since 2016 · every decision in 2023

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  5. Dismissed10 November 20253369802
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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.

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.