Town Planner Pro
Search appeal decisions

Planning appeal decision

Dismissed23 August 20243342227

Waterways Farm Church Road, East Harling, NORWICH, NR16 2NB

erection of agricultural dwelling and barn

Authority
Breckland Council
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
agricultural · Minor Dwellings
Inspector
Wallace J

Main issues, as the Inspector framed them

  • whether there is an essential need for the proposed agricultural worker's dwelling
  • whether the proposed dwelling would be in an appropriate location with regard to the risk of flooding
  • the effect of the proposed development on the character and appearance of the countryside
  • the effect of the proposed development on trees and hedgerows

What decided it

The failure to demonstrate the financial viability of the agricultural enterprise and the absence of an acceptable flood risk assessment/sequential test, combined with harm to countryside character, meant the proposal conflicted with the development plan as a whole.

the proposal conflicted with the development plan when read as a whole and there were no material considerations, including Framework policies, of sufficient weight to justify departing from the development plan

Framework references: 56, 84, 88, 89

Plan policies cited: Policy HOU 13, Policy ENV 09, Policy ENV 05, Policy ENV 06

Judgments cited: R. (on the application of Substation Action Save East Suffolk Ltd) v Secretary of State for Energy Security and Net Zero [2024] EWCA Civ 12

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.