®Planning appeal decision
89 Oak St. Norwich NR3 3BP, Norwich, Norfolk, NR3 3FG
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
- leisure-sport · Change of use
- Inspector
- Madge M
Main issues, as the Inspector framed them
- Whether the notice was validly served on the owner and occupier of the land (ground (e))
- Whether the corrected matter alleged (a material change of use to a mixed use) has occurred as a matter of fact (ground (b))
- Whether the creation of the canopy and decked terrace amounts to development requiring planning permission (ground (c))
- Whether the requirements of the notice should be varied as a consequence of the correction to the allegation (ground (f))
What decided it
The finding that the site was divided into three separate planning units meant the alleged mixed use had not occurred, but the canopy and decked terrace were found to be development not benefiting from permitted development rights, leading to the notice being upheld as corrected.
Judgments cited: Burdle v SSE [1972] 1 WLR 1207 (Div Court)
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.