®Planning appeal decision
4 Harvestile Lane, Pentney, King's Lynn, PE32 1JS
Planning appeal 3324860 at 4 Harvestile Lane, Pentney, King's Lynn, PE32 1JS (King's Lynn and West Norfolk Borough Council) was allowed in part (a split decision) on 28 November 2025 by Inspector Brownless E, by written representations. The main issue, as the Inspector framed it: Whether the appeal land falls within the curtilage of the dwellinghouse and is used for purposes incidental to the enjoyment of the dwellinghouse, such that it does not constitute development requiring planning permission under section 55(2)(d) of the Town and Country Planning Act 1990.
Material change of use of land from agricultural to residential (garden) purposes with associated operational development
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- other · Change of use
- Inspector
- Brownless E
Main issues, as the Inspector framed them
- Whether the appeal land falls within the curtilage of the dwellinghouse and is used for purposes incidental to the enjoyment of the dwellinghouse, such that it does not constitute development requiring planning permission under section 55(2)(d) of the Town and Country Planning Act 1990
What decided it
The appeal land, despite its size, had an intimate association with the dwellinghouse, was physically and visually continuous with the original garden areas, and had been used for residential purposes incidental to the enjoyment of the dwelling, thereby falling within the curtilage exemption under section 55(2)(d) of the Town and Country Planning Act 1990.
What the Inspector cited
- Judgments
- Sinclair-Lockhart's Trustees v Central Land Board [1950] 1 P&CR 195; Methuen-Campbell v Walters [1979] 1 QB 525; HM Attorney-General ex rel Sutcliffe & Rouse & Hughes v Calderdale BC [1983] JPL 310; Challenge Fencing Ltd v SSHCLG & Elmbridge BC [2019] EWHC 553 (Admin); O'Flynn v SSCLG & Warwick DC [2016] EWHC 2984 (Admin); Hiley v ELDC [2022] EWHC 1289
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 King's Lynn and West Norfolk Borough Council
The authority’s record since 2016 · every decision in 2025
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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.