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Planning appeal decision

Dismissed16 June 20266005341

Land south of Dereham Road, Garvestone, Dereham, NR9 4AD

outline application with all matters reserved except for access for 3 no. dwellings with associated parking and garden amenity areas

Authority
Breckland District Council
Appeal type
minor · Planning
Procedure
Written
Development
residential
Postcode
NR9 4AD

Main issues, as the Inspector framed them

  • whether the appeal site represents an appropriate location for the proposed development, having regard to the spatial strategy in the development plan
  • the effect on character and appearance
  • the effect of the proposed development on the integrity of protected European sites, with particular regard to recreational pressure and nutrient neutrality

What decided it

The absence of secured nutrient neutrality mitigation to address adverse effects on the integrity of protected European sites, which provides a clear reason for refusal under paragraph 11(d)(i) of the Framework.

Even if nutrient neutrality were achieved and paragraph 11(d)(ii) applied, the adverse impacts of the proposal would significantly and demonstrably outweigh the benefits of delivering up to three dwellings in the context of housing undersupply.

Framework references: 11

Plan policies cited: Policy GEN 01, Policy GEN 03, Policy GEN 05, Policy HOU 05, Policy TR01, Policy ENV 02, Policy ENV 05, Policy COM 01, Policy GEN 02

Judgments cited: Corbett v Cornwall Council [2020] EWCA Civ 508

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.