®Planning appeal decision
The Old School, Church Lane, Conisholme, Lincolnshire, LN11 7LZ
change of use and alterations to existing building to provide a holiday unit without complying with conditions attached to planning permission Ref N/036/01362/06, dated 21 July 2006
- Authority
- East Lindsey District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Veevers A
Main issues, as the Inspector framed them
- Whether conditions 2 and 3 are reasonable and necessary having regard to local policies relating to the location of development, with particular regard to accessibility to services and facilities
- The effect of the removal of conditions 2 and 3 on flood risk
What decided it
The combination of the site's unsustainable location outside the developed footprint with poor accessibility to services and facilities, and the unmitigated flood risk in Flood Zone 3a without a site-specific flood risk assessment, both of which conflict with the development plan and Framework policy.
The modest benefit of one additional dwelling and support for local services was outweighed by the harm arising from locating permanent residential development in an unsustainable location with limited accessibility and in a known area of high flood risk without adequate mitigation.
Framework references: 8, 11, 56, 232
Plan policies cited: Policy SP1, Policy SP4, Policy SP16, Policy 22, Policy S16
Judgments cited: Finney v Welsh Ministers [2019] EWCA Civ 1868; Freddie Reid v SSLUHC & (IP) Newark & Sherwood DC [2022] EWHC 3116 (Admin)
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.