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Planning appeal decision

Dismissed13 May 20266005314

43 St John's Road, Lowestoft, NR33 0PH

Extension of detached property to form three storey dwelling

Authority
East Suffolk
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Other minor developments
Inspector
Phillips A

Main issues, as the Inspector framed them

  • Whether the proposed development would provide suitable living conditions for future occupiers, with regard to the provision of private amenity space
  • Whether there are reasonably available sites appropriate for the proposed development in areas at lower risk of flooding
  • The effect of the proposed development on the living conditions of the occupiers of 44 St Johns Road (No.44), with particular reference to loss of sunlight/daylight
  • Whether the proposed development would have access to suitable car parking and the effect of the use of the proposed development on the safety of pedestrians using St Johns Road
  • The effect of the proposal on the integrity of the features of European nature conservation sites situated along the Suffolk coast

What decided it

The proposal has not demonstrated that there are reasonably available sites for the proposed development in areas at lower risk of flooding and provides an unacceptable risk to future occupants, combined with the lack of suitable private amenity space for future occupiers.

The benefits of housing delivery and visual improvement to the character of the area were outweighed by the strong reasons for refusal arising from flood risk (failure of the sequential test and lack of an Emergency Flood Plan) and inadequate private amenity space, such that the proposal failed to meet the exception test under NPPF paragraph 11(d)(ii).

Framework references: 135, 170, 174, 124, 125, 129, 78, 11

Plan policies cited: Policy WLP8.33, Policy WLP8.29, Policy WLP8.24, Policy WLP1.2, Policy WLP8.21

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.