®Planning appeal decision
Land opposite 162 and N of 1 & 2 Gambles Terrace, School Road, Terrington St John, Norfolk, PE14 7SG
self-build plots
- Authority
- King's Lynn and West Norfolk Borough Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Gee R
Main issues, as the Inspector framed them
- whether the site is an appropriate location for housing, having regard to the spatial strategy of the development plan and character and appearance
- whether a satisfactory access can be achieved
- whether the scheme is acceptable in respect of flood risk
What decided it
The proposal fails to satisfy part a) of the flood risk exception test as it would not provide wider sustainability benefits to the community that outweigh the flood risk, combined with material harm to character and appearance and conflict with the spatial strategy.
The benefits of housing delivery and self-build provision were outweighed by the material harm to character and appearance, conflict with the spatial strategy, and failure to satisfy the flood risk exception test; the tilted balance did not apply as flood risk policies provided a strong reason for refusal.
Framework references: 11, 179
Plan policies cited: Policy LP01, Policy LP02, Policy LP13, Policy LP18, Policy LP21, Policy LP25, Policy 1: Village Development Boundary (Terrington St John Neighbourhood Plan), Policies CS10 and CS13 (Core Strategy)
Judgments cited: Holborn Studios Ltd v The Council of the London Borough of Hackney [2017] EWHC 2823 (Admin); Bernard Wheatcroft Ltd v SSE [JPL 1982 P37]; Braintree DC v SSCLG, Greyread Ltd & Granville Developments Ltd [2018] EWCA Civ 610
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.