Planning appeal decision
Land Adjacent 39 Church Road, Upton, NR13 6AS
Planning appeal 3314187 at Land Adjacent 39 Church Road, Upton, NR13 6AS (Broadland District Council) was dismissed on 19 September 2023 by Inspector Burnham T, by written representations. The main issue, as the Inspector framed it: the effect of the proposal on the character and appearance of the area.
residential development of 4no. dwellings
- Authority
- Broadland District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Burnham T
Main issues, as the Inspector framed them
- the effect of the proposal on the character and appearance of the area
- whether the site is suitable for the proposed development having regard to accessibility to services and facilities
- whether sufficient information is available to enable a determination to be made in relation to any impact on biodiversity
What decided it
The absence of adequate ecological surveys to establish the presence or otherwise of protected species, combined with the unsustainable location requiring reliance on private vehicles, meant the adverse impacts significantly and demonstrably outweighed the benefits even under the tilted balance.
The modest social and economic benefits of four self-build dwellings and contribution to housing supply were significantly and demonstrably outweighed by the adverse impacts of unsustainable accessibility and unresolved biodiversity concerns, such that the presumption in favour of sustainable development did not apply.
What the Inspector cited
- Development plan policies
- Policy 1 JCSPolicy 2 JCSPolicy 6 JCSPolicy GC2 DMDPDPolicy GC4 DMDPDPolicy EN1 DMDPDPolicy EN2 DMDPDPolicy EN3 DMDPDPolicy 7.5 Greater Norwich Local Plan
- National Planning Policy Framework
- Paragraph 56
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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With an account
What an account adds to this decision


More decisions in Broadland
The authority’s record since 2016 · every decision in 2023
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- Dismissed2 June 20266005231Land Adjacent Four Oaks, Shortthorn Road, Stratton Strawless, Norwich, NR10 5RY
- Dismissed24 March 202660035152, Skedge Way, Blofield Heath, Norfolk, NR13 4RY
- Dismissed5 February 20263375116Land at Common Farm, East of 35 The Heath, Hevingham, Norwich, Norfolk, NR10 5QL
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.
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