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Planning appeal decision

Notice varied and upheld5 February 20263310971

Land at Salhouse Road, Rackheath, NR13 6LD

Retrospective Application for a change of use to a Sui Generis use for the storage of top-soil, sub-soil, recycled construction materials, brick rubble, old fencing, green waste and concrete, and construction and demolition waste processing/recycling, the siting of mobile processing plant, offices, associated infrastructure and the construction of amenity bunds and landscaping

Authority
Norfolk County Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
minerals-waste · Change of use
Inspector
Lewis D

Main issues, as the Inspector framed them

  • Appeal A ground (b): whether the alleged use for recycling of construction and demolition waste took place as a matter of fact
  • Appeal A ground (c): whether the use constitutes a breach of planning control having regard to permitted development rights for temporary uses and whether a material change of use occurred
  • Appeal A ground (f): whether the requirements are excessive to achieve the purpose of the notice
  • Appeal A ground (g): whether the compliance periods are reasonable
  • Appeal B: the effects of the development on the character and appearance of the surrounding area and on the amenity and living conditions of occupiers of nearby properties

What decided it

The development would result in unacceptable impacts on landscape character and amenity through noise, with inadequate mitigation secured through planning conditions, failing to comply with development plan policies MW1 and WP16.

Framework references: 201

Plan policies cited: Policy WP1, Policy WP2, Policy WP3, Policy WP4, Policy WP16, Policy MW1, Policy 2, Policy 3, Policy ENV5

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.