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Planning appeal decision

Notice varied and upheld12 March 20243303521

Land South of Unit 4, Rs Car Sales, Hempton Road, Fakenham, NR21 7LA

Planning appeal 3303521 at Land South of Unit 4, Rs Car Sales, Hempton Road, Fakenham, NR21 7LA (North Norfolk District Council) was allowed in part (a split decision) on 12 March 2024 by Inspector Whitfield J, by written representations. The main issue, as the Inspector framed it: Whether the material change of use of the Land for the siting of a caravan for overnight accommodation would comply with local plan and national planning policy which seeks to steer new development away from areas at the highest risk of flooding.

the siting of a static caravan to provide overnight security accommodation

Authority
North Norfolk District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Whitfield J
Postcode
NR21 7LA

Main issues, as the Inspector framed them

  • Whether the material change of use of the Land for the siting of a caravan for overnight accommodation would comply with local plan and national planning policy which seeks to steer new development away from areas at the highest risk of flooding
  • Whether the appeal site is an appropriate location for residential development, having regard to local and national planning policies which seek to control residential development in the countryside
  • Whether the LPA's decision to refuse the application for a certificate of lawful use or development was well-founded

What decided it

The development's location in Flood Zone 2 and classification as highly vulnerable residential use, combined with the absence of an essential need for residential occupation in the countryside, rendered it contrary to local and national planning policy.

What the Inspector cited

Development plan policies
Policy EN10Policy SS2
National Planning Policy Framework
Paragraph 165Paragraph 89

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 North Norfolk

The authority’s record since 2016 · every decision in 2024

  1. Dismissed24 July 20263351409
    3 Fenside Cottages Fenside, Catfield, Great Yarmouth, NR29 5DD
  2. Notice varied and upheld20 July 20263357548
    2 Shipden House High Street, Cromer, NR27 9HG
  3. Dismissed20 July 20263356060
    2 Shipden House, High Street, Cromer, Norfolk, NR27 9HG
  4. Notice upheld17 November 20253335629
    Land at Dam Hill Plantation, Edgefield, Norfolk, NR24 2RR
  5. Planning permission granted31 October 20253332273
    Homewood Mill Lane, East Runton, Cromer, NR27 9PH

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.