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Dismissed7 June 20233301102

Land Rear of 15 Norwich Road, Ditchingham, Norfolk, NR35 2JL

Planning appeal 3301102 at Land Rear of 15 Norwich Road, Ditchingham, Norfolk, NR35 2JL (South Norfolk District Council) was dismissed on 7 June 2023 by Inspector Berry A, by written representations. The main issue, as the Inspector framed it: the effect of the proposed development on the character and appearance of the surrounding area.

describes as the “erection of 3 bungalows, construction of new vehicular access

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Berry A
Postcode
NR35 2JL

Main issues, as the Inspector framed them

  • the effect of the proposed development on the character and appearance of the surrounding area
  • the effect of the proposed development on the living conditions of the occupiers of neighbouring properties, with particular reference to noise and disturbance
  • the effect of the proposed development on the integrity of the SPAs/SACs
  • whether the site is in a suitable location for housing development, with particular reference to Policy DM1.3 of the South Norfolk Local Plan Development Management Policies Document, adopted 2015
  • whether the site is in a suitable location for housing development, with particular reference to whether future occupiers would be reliant on the private car

What decided it

The proposal would harm the integrity of protected SPAs and SACs without proper mitigation, which provides a clear reason for refusal under paragraph 11(d)(i) of the Framework, and the identified harms to character and living conditions would significantly and demonstrably outweigh the moderate benefits.

The moderate benefits of housing supply, economic and social benefits, and sustainable location were significantly and demonstrably outweighed by the harm to character and appearance, unacceptable harm to living conditions of the host dwelling's occupiers, and likely significant effect on the integrity of SPAs and SACs without proper mitigation.

What the Inspector cited

Development plan policies
Policy 1 JCSPolicy 2 JCSPolicy 6 JCSPolicy DM1.3 LPPolicy DM1.4(d)(i) LPPolicy DM3.8 LPPolicy DM3.10 LPPolicy DM3.13 LPPolicy DM4.4 LPPolicy DM4.5 LP
National Planning Policy Framework
Paragraph 130Paragraph 105Paragraph 80Paragraph 11
Judgments
People Over Wind and Sweetman v Coillte Teoranta ECLI:EU:C:2018:244; Braintree District Council v Secretary of State for Communities and Local Government & Ors [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.

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The decision letter

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

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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.