®Planning appeal decision
16 Rowan Close, Watlington, KING'S LYNN, PE33 0UG
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
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.
Plan policies cited: Policy 2, Policy 11, Policy CS08, Policy CS11, Policy CS13, Policy DM15
Judgments cited: 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
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.