Case 3309497

Land between London Road and Suton Lane, Wymondham, NR18 9BS

South Norfolk District Council — appeal dismissed

Outcome
Dismissed
Decision date
6 June 2023
Authority
South Norfolk District Council
Inspector
Dade E
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Reserved Matters
Development type
Major dwellings
Appellant
Lovell Partnerships Ltd
LPA reference
2022/1111
ONS LPA code
E07000149
Jurisdiction
Transferred
Link status
Not Linked
Start date
2 March 2023

Summary AI

The appeal was dismissed due to insufficient information submitted by the appellant to secure the delivery of an off-site junction improvement.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 by E Dade BA (Hons) MSc MRTPI

Land between London Road and Suton Lane, Wymondham, NR18 9BS — South Norfolk District Council — by E Dade BA (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 6 June 2023

Page 1 · Chunk 1 Land between London Road and Suton Lane, Wymondham, Norfolk

Land between London Road and Suton Lane, Wymondham, NR18 9BS — South Norfolk District Council — Land between London Road and Suton Lane, Wymondham, Norfolk • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a failure to give notice within the prescribed period of a decision on an application for consent, agreement or approval to details required by a condition of a planning permission. • The appeal is made by Mr Darron Keen on behalf of Lovell Partnerships Ltd against South Norfolk District Council. • The application Ref 2022/1111, dated 9 June 2022, sought approval of details pursuant to condition No 9 of a planning permission Ref 2014/2495/O granted on 13 September 2016. The development proposed is up to 335 dwellings and associated infrastructure, new cemetery and 1.2ha of land for neighbourhood centre comprising A1, A2, A3, A4, A5 and/or B1 and/or D1 uses. • The details for which approval is sought are: There shall be no occupation of any phase of the development hereby approved until a scheme for the off-site highway improvement works identified on drawing reference 10210-HL-04 Rev B has been submitted to and agreed in writing by the local planning authority. No more than 250 of the dwellings hereby approved may be occupied prior to the satisfactory completion of the approved highway improvement works.

Page 1 · Chunk 2 fully occupied, thereby exceeding the requirement of Condition 9 that a scheme

Land between London Road and Suton Lane, Wymondham, NR18 9BS — South Norfolk District Council — fully occupied, thereby exceeding the requirement of Condition 9 that a scheme https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 fully occupied, thereby exceeding the requirement of Condition 9 that a scheme

Land between London Road and Suton Lane, Wymondham, NR18 9BS — South Norfolk District Council — fully occupied, thereby exceeding the requirement of Condition 9 that a scheme https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 4 fully occupied, thereby exceeding the requirement of Condition 9 that a scheme

Land between London Road and Suton Lane, Wymondham, NR18 9BS — South Norfolk District Council — fully occupied, thereby exceeding the requirement of Condition 9 that a scheme Appeal Decision APP/L2630/W/22/3309497 for the off-site highway improvement be submitted and agreed in writing by the Council prior to occupation. 4. Drawings of proposed works were submitted to the Council as part of the appellant’s application for the partial discharge of Condition 9. The Council consulted Norfolk County Council as Highway Authority. However, I understand a delay in receiving a response from the Highway Authority led to the Council’s failure to determine the application within the prescribed period. The Highway Authority has subsequently confirmed the design of the required junction improvement scheme has not been completed and is currently at the design stage. 5. I note that alterations and improvements to the public highway required by the planning permission would be subject to a legal agreement with the Highway Authority under section 278 of the Highway Act (1980). As identified by the appellant, the Highway Authority has published guidance on its website defining the scope of details which must be included within design drawings for highway schemes. There is no indication within Condition 9 that a lesser standard of technical detail is required for the purpose of discharging the condition. 6.

Page 2 · Chunk 5 fully occupied, thereby exceeding the requirement of Condition 9 that a scheme

Land between London Road and Suton Lane, Wymondham, NR18 9BS — South Norfolk District Council — fully occupied, thereby exceeding the requirement of Condition 9 that a scheme The submitted drawings show a General Arrangements Plan for the proposed scheme. However, the drawings state they have been produced for traffic signals target cost purposes only, and therefore the status of the drawings is not clear. In addition, the submitted drawings do not appear to provide all information listed as required for technical review. For example, the drawings do not include details of a topographical survey, drainage, site investigations, structural works, cross sections, or specifications for works, and other features as indicated by the appellant. I therefore consider that the drawings submitted by the appellant do not constitute the scheme for off-site highway improvement works capable of the decision-makers written approval, as required by Condition 9. 7. Paragraph 111 of the National Planning Policy Framework indicates development should be prevented if there would be an unacceptable impact on highway safety. In the absence of the information required for technical review, I must conclude that the submitted drawings do not demonstrate that the scheme would not have an unacceptable impact on highway safety. 8.

Page 2 · Chunk 6 fully occupied, thereby exceeding the requirement of Condition 9 that a scheme

Land between London Road and Suton Lane, Wymondham, NR18 9BS — South Norfolk District Council — fully occupied, thereby exceeding the requirement of Condition 9 that a scheme I therefore conclude that the information submitted by the appellant is not sufficient to secure the delivery of the off-site junction improvement in order to mitigate the effects of the scheme on the highway network, and the condition should not be discharged. Conclusion 9. For the reasons given above, I conclude that the appeal should be dismissed, and the condition should not be discharged.

Page 2 · Chunk 7 E Dade

Land between London Road and Suton Lane, Wymondham, NR18 9BS — South Norfolk District Council — E Dade INSPECTOR https://www.gov.uk/planning-inspectorate 2

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Highway safety
Against appellant
¶7

The submitted drawings did not demonstrate that the scheme would not have an unacceptable impact on highway safety.

Planning obligations
Against appellant
¶5

Condition 9 required a scheme for the off-site highway improvement works to be submitted and agreed in writing by the Council prior to occupation, but the submitted drawings did not meet this requirement.

Conditions
Against appellant
¶6

The submitted drawings did not provide all the information required for technical review, and therefore did not constitute a scheme for off-site highway improvement works capable of the decision-maker's written approval.

Policies relied on

Reference Weight
NPPF 111
Determinative

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 2 pages, issued by the Planning Inspectorate on 6 June 2023 under the Open Government Licence.