3 NURSERY LANE, SOUTH WOOTTON, KINGS LYNN, NORFOLK, PE30 3LB
King's Lynn and West Norfolk Borough Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 8 November 2022
- Authority
- King's Lynn and West Norfolk Borough Council
- Inspector
- Hunter A
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Unknown
- Development type
- Minor Dwellings
- Appellant
- MRS M ALBINSON
- LPA reference
- 21/01740/F
- ONS LPA code
- E07000146
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 2 August 2022
Summary AI
The appeal was dismissed due to the proposed development's harm to the character and appearance of the area. The development plan was considered as a whole, and no other considerations outweighed the harm identified.
PDF text
3 NURSERY LANE, SOUTH WOOTTON, KINGS LYNN, NORFOLK, PE30 3LB — King's Lynn and West Norfolk Borough Council — Appeal Decision Site visit made on 4 October 2022 by A Hunter LLB (Hons) PG Dip MA MRTPI an Inspector appointed by the Secretary of State Decision date: 8 November 2022 Appeal Ref: APP/V2635/W/22/3296807 3 Nursery Lane, South Wootton PE30 3LB • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Mrs M Albinson against the decision of King's Lynn and West Norfolk Borough Council. • The application Ref 21/01740/F, dated 1 September 2021, was refused by notice dated 14 January 2022. • The development proposed is a new residential dwelling Decision 1. The appeal is dismissed. Main Issue 2. The main issue is the effect of the proposed dwelling upon the character and appearance of the area, with particular regard to its siting and design. Reasons 3. Nursery Lane is residential in character with a mix of single storey and detached dwellings of varying styles and ages. 4. The immediate area of Nursery Lane with its junction onto Low Road contains mainly detached single storey properties within relatively spacious plots, including the host property, the garden of which forms the appeal site.
3 NURSERY LANE, SOUTH WOOTTON, KINGS LYNN, NORFOLK, PE30 3LB — King's Lynn and West Norfolk Borough Council — Appeal Decision These properties have a reasonable set back from the footpath edge with heavily planted front boundaries, creating a strong verdant appearance. These particular characteristics are reinforced by the large open space and planted boundaries on the opposite side of Nursery Lane. 5. The proposed dwelling would occupy an irregular shaped plot, having a wider frontage that narrows on both sides towards a point at the rear of the appeal site. Not only would the shape of the site be unusual compared to those adjoining road frontage properties in this immediate area, its size would also be significantly smaller. This restricted shape and size results in the proposed dwelling being prominently sited much closer to the road than No.3 Nursery Lane, occupying a dominant position. Furthermore, the gable of the proposed dwelling would run in an opposing direction towards the road compared to the gables at No.3 and No.5 Nursery Lane, and with its front projecting two storey gable with a balcony, would appear as a significantly discordant feature. 6.
3 NURSERY LANE, SOUTH WOOTTON, KINGS LYNN, NORFOLK, PE30 3LB — King's Lynn and West Norfolk Borough Council — Appeal Decision These matters would result in a dwelling that would be wholly at odds with the character and appearance of this this part of Nursery Lane, within which the https://www.gov.uk/planning-inspectorate
3 NURSERY LANE, SOUTH WOOTTON, KINGS LYNN, NORFOLK, PE30 3LB — King's Lynn and West Norfolk Borough Council — Appeal Decision These matters would result in a dwelling that would be wholly at odds with the character and appearance of this this part of Nursery Lane, within which the https://www.gov.uk/planning-inspectorate
3 NURSERY LANE, SOUTH WOOTTON, KINGS LYNN, NORFOLK, PE30 3LB — King's Lynn and West Norfolk Borough Council — Appeal Decision Appeal Decision APP/V2635/W/22/3296807 new dwelling would be viewed. The proposal would also introduce a building that is much more pronounced than the adjoining properties. The result would be a significantly discordant and harmful feature in this otherwise substantially planted area. I note the appellant intends to retain the hedge along the frontage, but this would not in my view mitigate the effect of the new dwelling upon the area. 7. For these reasons, I conclude the proposed dwelling would be harmful to the character and appearance of the area, contrary to Policies CS08 of the Kings Lynn and West Norfolk Borough Council Local Development Framework – Core Strategy adopted July 2011, Policy DMP15 of the Site Allocations and Development Management Policies Plan, adopted September 2016, and Policies H2, H3, and H4 of the South Wootton Neighbourhood Plan 2015-2026, which amongst other things, requires new development to reflect the distinctive layout, character and appearance of the area. There would also be conflict with paragraph 130 of the National Planning Policy Framework which has similar objectives. Other Matters 8.
3 NURSERY LANE, SOUTH WOOTTON, KINGS LYNN, NORFOLK, PE30 3LB — King's Lynn and West Norfolk Borough Council — Appeal Decision I note the appellant’s comments regarding the proposed dwelling being in a sustainable location and that it would be of a sustainable design. In this regard the proposal would comply with the development plan. However, I am required to have regard to the development plan as a whole. These matters are neutral factors in this case 9. The appellant’s examples of other planning decisions for housing close to the appeal site are not directly comparable to this appeal site for varying reasons, including their different locations, their different relationship with the surrounding roads and built form, and by reason of replacing previous buildings. I also note the direct comparisons made by the appellant between the size of the appeal site and other approved plot sizes nearby. I do not find a direct comparison of plot sizes to override the key issue of the effect of the development upon the character and appearance of the area in this case. In my view, these arguments put forward in support of the appeal do not outweigh the harm identified upon the character and appearance of the area. 10.
3 NURSERY LANE, SOUTH WOOTTON, KINGS LYNN, NORFOLK, PE30 3LB — King's Lynn and West Norfolk Borough Council — Appeal Decision A historical map of the site and surrounding area has been included within the appellant’s documents, appearing to show two semi-detached dwellings on the site of the host property. Since this time, the two dwellings have been replaced by one and I have assessed the proposal on this basis. Previous development on, or near to the site does not alter my conclusions. Conclusion 11. For the reasons outlined above, the proposed development conflicts with the development plan taken as whole. There are no other considerations which indicate a decision other than in accordance with the development plan. I therefore dismiss the appeal.
3 NURSERY LANE, SOUTH WOOTTON, KINGS LYNN, NORFOLK, PE30 3LB — King's Lynn and West Norfolk Borough Council — A Hunter INSPECTOR https://www.gov.uk/planning-inspectorate 2
Main issues and findings
Character and appearance Against appellant ¶5
The proposed dwelling's irregular shape, size, and design would be prominently sited and appear discordant compared to the surrounding properties, creating a harmful feature in the area.
Policies relied on
| Reference | Weight |
|---|---|
| CS08 |
Determinative |
| DMP15 |
Determinative |
| H2 |
Determinative |
| H3 |
Determinative |
| H4 |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 2 pages, issued by the Planning Inspectorate on 8 November 2022 under the Open Government Licence.