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Notice varied and upheld5 March 20253332892

16 Rowan Close, Watlington, King's Lynn, PE33 0UG

Planning appeal 3332892 at 16 Rowan Close, Watlington, King's Lynn, PE33 0UG (King's Lynn and West Norfolk Borough Council) was allowed in part (a split decision) on 5 March 2025 by Inspector Lewis D, following a hearing. The main issue, as the Inspector framed it: The ability to use the path and whether it would serve a useful purpose (Appeal 1).

On 23 December 2020 planning permission was granted under reference 20/01165/F for Substitution of house types for plots 7 & 8 including change of materials and positioning (ref: 06/00145/FM) (the Appeal

Authority
King's Lynn and West Norfolk Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
residential · Other minor developments
Inspector
Lewis D
Postcode
PE33 0UG

Main issues, as the Inspector framed them

  • The ability to use the path and whether it would serve a useful purpose (Appeal 1)
  • The effect of the developments on accessibility by foot in the village (Appeal 3, ground (a))

What decided it

The Inspector's finding that condition 8 (and equivalent conditions) served a legitimate planning purpose in safeguarding the future provision of a public footpath link, without unlawfully requiring dedication, meant the proposals to vary/remove the conditions and the unauthorised development compromising the footpath route could not be supported.

The benefit of keeping open the option of securing a public footpath link, together with design and accessibility policy support, outweighed the appellant's case for removing the conditions or retaining the unauthorised development, and no other considerations favoured a grant of permission.

What the Inspector cited

Development plan policies
Policy 2Policy 11Policy CS08Policy CS11Policy CS13Policy DM15
Judgments
Hall & Co Ltd v Shoreham-By-Sea Urban District Council and Another [1964] 1 W L R 240; DB Symmetry Ltd and another v Swindon Borough Council [2022] UKSC 33

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 King's Lynn and West Norfolk Borough Council

The authority’s record since 2016 · every decision in 2025

  1. Notice varied and upheld16 March 20263346938
    18 North Beach, Heacham, Kings Lynn, PE31 7LJ
  2. Split Decision28 November 20253324860
    4 Harvestile Lane, Pentney, King's Lynn, PE32 1JS
  3. Dismissed25 November 20253340721
    Finesse Motorsport Ltd, The Common, Upwell, Norfolk, PE14 9AW
  4. Notice upheld24 November 20253359719
    Land at Priory Wall Mews, 10 and 12 Tower Place, King's Lynn, PE30 5DF
  5. Dismissed10 November 20253369802
    Land Between 30 & 32 Winch Road, West Winch, Kings Lynn, Norfolk, PE33 0ND

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.