®Planning appeal decision
The Office, Roundabout Farm, Hindolveston Road, Thurning, Norfolk, NR20 5QS
Planning appeal 3305910 at The Office, Roundabout Farm, Hindolveston Road, Thurning, Norfolk, NR20 5QS (North Norfolk District Council) was allowed on 23 May 2024 by Inspector Ord E, following an inquiry. The main issue, as the Inspector framed it: Whether The Office has been used mainly as a residential dwelling without material interruption throughout a 10 year period (beginning with the date of change of use of the land to residential dwelling and counting forward), so that the time for taking enforcement action has expired.
Certificate of lawful use for a residential dwelling (The Office); enforcement notice appeals alleging unlawful residential use of land and unlawful holiday let use of a building at Roundabout Farm; and a section 73 application to vary a condition restricting converted outbuildings to bed and breakfast use (The Orangery)
- Authority
- North Norfolk District Council
- Appeal type
- major · Enforcement Notice
- Procedure
- Inquiry
- Development
- residential · Change of use
- Inspector
- Ord E
- Postcode
- NR20 5QS
Main issues, as the Inspector framed them
- Whether The Office has been used mainly as a residential dwelling without material interruption throughout a 10 year period (beginning with the date of change of use of the land to residential dwelling and counting forward), so that the time for taking enforcement action has expired
- Whether the use of Courtyard Barn has so substantially changed its character from that of a dwelling to that of holiday lettings to amount to a material change of use
- Whether a condition is needed restricting the use of The Orangery to bed and breakfast accommodation and preventing its use as a separate self-contained unit of residential accommodation
What decided it
In each part of the case the outcome turned on the Inspector's factual findings as to the nature and continuity of use: continuous residential occupation for The Office, a materially changed character of use at Courtyard Barn evidenced by neighbour amenity harm, and the physical inadequacy of The Orangery for independent residential use.
What the Inspector cited
- Development plan policies
- Policy EN4 (North Norfolk Core Strategy)Policy EC3Policy EC2
- Judgments
- Moore v Secretary of State [2010] EWCA Civ 1202; I'm Your Man Ltd v Secretary of State (1999) 77 P.&C.R. 251; Wall & ors v Winchester City Council and Secretary of State for Communities and Local Government [2015] EWCA Civ 563
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 appliedThe decision letter
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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.