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Planning appeal decision

Notice varied and upheld20 December 20243347168

89 Oak Street, Norwich, NR3 3BP

Planning appeal 3347168 at 89 Oak Street, Norwich, NR3 3BP (Norwich City Council) was allowed in part (a split decision) on 20 December 2024 by Inspector Madge M, following a hearing. The main issue, as the Inspector framed it: Ground (e): whether the notice was validly served under s172 of the 1990 Act.

a) Without planning permission, the change of use of the land from sui generis employment use to mixed use: virtual reality escape room, café/bar, salon and storage business (sui generis). b) Without planning permission, the creation of a canopy and decked terrace to the western end of the building (see Appendix 1)

Authority
Norwich City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
other · Change of use
Inspector
Madge M
Postcode
NR3 3FG

Main issues, as the Inspector framed them

  • Ground (e): whether the notice was validly served under s172 of the 1990 Act
  • Ground (b): whether the matter alleged in the notice has occurred
  • Ground (c): whether the matters alleged constitute a breach of planning control requiring planning permission
  • Ground (f): whether the requirements of the notice exceed what is necessary to remedy the breach

What decided it

The finding that the appeal site comprised three separate and functionally unrelated planning units meant the alleged material change of use to a single mixed use had not occurred, while the canopy and decked terrace were found not to be permitted development, determining the outcome on each ground.

What the Inspector cited

Judgments
Burdle v SSE [1972] 1 WLR 1207 (Div Court)

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 Norwich City Council

The authority’s record since 2016 · every decision in 2024

  1. Notice upheld1 May 20253356682
    126 Magdalen Street, Norwich, NR3 1JD
  2. Notice varied and upheld15 April 20253348157
    21-23 Nelson Street, Norwich, NR2 4DW
  3. Notice varied and upheld20 December 20243347331
    89 Oak St. Norwich NR3 3BP, Norwich, Norfolk, NR3 3FG
  4. Notice varied and upheld20 December 20243347172
    89 Oak Street, Norwich, NR3 3BP
  5. Notice varied and upheld20 December 20243347169
    89 Oak Street, Norwich, NR3 3BP

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.