18A North Beach, Heacham, Norfolk, PE31 7LJ

18A North Beach, Heacham, Norfolk, PE31 7LJ — King's Lynn and West Norfolk Borough Council — Appeal Decision Site visit made on 13 September 2024 By David Spencer BA(Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 8 October 2024 Appeal Ref: APP/V2635/W/24/3337693 18A North Beach, Heacham, Norfolk PE31 7LJ • 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 Mr Wayne Murfet against the decision of King’s Lynn and West Norfolk Borough Council. • The application Ref 20/00748/F, dated 26 May 2020, was refused by notice dated 12 October 2023. • The development proposed is the continued standing of 2no. Caravans and 1 no. garage. Decision 1. The appeal is dismissed. Preliminary Matters and Main Issue 2. Concurrently with this appeal for 2no. caravans, I have determined a separate appeal relating to a similar proposal for 2no. caravans on the adjacent plot at No.18 North Beach1 which is in a separate land ownership. The separate appeal proposals at Nos.18a and Nos.18 raise similar issues because they stem from the sub-division of the original wider host plot at 18 North Beach.

18A North Beach, Heacham, Norfolk, PE31 7LJ — King's Lynn and West Norfolk Borough Council — Appeal Decision As such, whilst I have considered each appeal on its own individual merits, there is significant overlap in the content of these separate decisions. 3. The main issue in this appeal is whether the proposal would comply with local and national planning policy which seeks to steer new development to areas with the lowest probability of flooding and whether there are any material considerations that would justify a decision other than in accordance with planning policy. Reasoning 4. The appeal site is within Tidal Flood Zone 3 of the Environment Agency (the EA) Flood Map for Planning. This is an area of highest risk for flooding, often informed by historical flood records, not least the catastrophic events of 1953 and 1978 relevant to this area. Over time flood defences have been put in place but the coastline remains subject to natural flux, which is increasingly likely to be exacerbated by climate change. Whilst I observed a concrete retaining wall and promenade to the west of the appeal site, the Local Planning Authority (LPA) identifies that the financial and practical feasibility of maintaining existing defences is becoming increasingly challenging.

18A North Beach, Heacham, Norfolk, PE31 7LJ — King's Lynn and West Norfolk Borough Council — Appeal Decision This is reflected in the Wash Shoreline Management Plan which identifies uncertainties 1 APP/V2635/W/24/3334583 https://www.gov.uk/planning-inspectorate

18A North Beach, Heacham, Norfolk, PE31 7LJ — King's Lynn and West Norfolk Borough Council — Appeal Decision This is reflected in the Wash Shoreline Management Plan which identifies uncertainties 1 APP/V2635/W/24/3334583 https://www.gov.uk/planning-inspectorate

18A North Beach, Heacham, Norfolk, PE31 7LJ — King's Lynn and West Norfolk Borough Council — Appeal Decision Appeal Decision APP/V2635/W/24/3337693 over the future management of flood defences between Hunstanton and Wolterton Creek beyond 2025. 5. Accordingly, the site is within the identified ‘Coastal Hazard Zone’ between Hunstanton and Dersingham, placing the appeal site in a location with a very high risk of flooding and only a one in 50 year (2% annual probability) standard of protection. The EA confirm the estimated 2% standard of protection has also been established in the Wash East Coast Management Strategy. For contrast, the national Planning Practice Guidance (PPG) at paragraph 7-002-20220825 refers to standard of protection to withstand tidal flooding with a 0.5% annual probability (1 in 200 chance each year). Furthermore, the EA’s Tidal Hazard Map indicates that parts of the Wash shoreline in Coastal Hazard Zone could flood to a depth of up to three metres if the defences were to be breached. 6. The development plan reflects the National Planning Policy Framework (NPPF) in respect of planning and flood risk including the need to steer development away from areas of highest flood risk. This is the overarching approach in Policy CS08 of the King’s Lynn and West Norfolk Core Strategy 2011 (the CS).

18A North Beach, Heacham, Norfolk, PE31 7LJ — King's Lynn and West Norfolk Borough Council — Appeal Decision More specifically, Policy DM18 of the Site Allocations and Development Management Policies Plan 2016 (the SADMP) reflects the local coastal flood risk evidence in this part of West Norfolk and takes a justifiably precautionary approach. Policy DM18 of the SADMP states that new or additional park homes/caravans will not be permitted in the Coastal Flood Risk Hazard Zone due to the high risk of flooding. Paragraph C.19.9 of the SADMP in support of Policy DM18 states that a cautious approach will be taken to the renewal of earlier temporary planning permissions for the siting of park/mobile homes and caravans in the Coastal Hazard Zone. 7. In addition to the development plan, the NPPF as national planning policy makes clear at paragraph 165 that inappropriate development in areas at risk of flooding should be avoided. In relation to planning applications the NPPF, together with the PPG on Flood Risk and Coastal Change, seeks to ensure that development is kept out of high risk flood areas (Flood Zone 3). The mechanism for this is the sequential test, to demonstrate that there are no reasonably available sites appropriate for the proposed development in areas with a lower risk of flooding.

18A North Beach, Heacham, Norfolk, PE31 7LJ — King's Lynn and West Norfolk Borough Council — Appeal Decision Subject to the sequential test, sites used for holiday or short-let caravans and camping, subject to a specific warning and evacuation plan, are classified as “more vulnerable” in Table 2 “Flood risk vulnerability and flood zone” of the PPG. Accordingly, an Exception Test is required under Table 3 “Flood risk vulnerability and flood zone ‘compatibility’”. The purpose of the exception test is to demonstrate that there are wider sustainability benefits to the community that outweigh the flood risk and the development will be safe for its lifetime. 8. The original wider plot at No.18 North Beach was granted planning permission in December 2011 to use the site for the stationing of three caravans for residential occupation during certain parts of the year. This was a temporary planning permission (reference 11/01754/F) which expired in September 2020. The approved plans show the three caravans evenly distributed across the original larger plot. This plot has now been subdivided to create two separate holdings of similar dimensions, with No.18a to the north and No.18 to the south. At the time of my site visit both sites now accommodate two caravans each, which is now the basis of the two separate planning appeals.

18A North Beach, Heacham, Norfolk, PE31 7LJ — King's Lynn and West Norfolk Borough Council — Appeal Decision This has https://www.gov.uk/planning-inspectorate 2

18A North Beach, Heacham, Norfolk, PE31 7LJ — King's Lynn and West Norfolk Borough Council — Appeal Decision This has https://www.gov.uk/planning-inspectorate 2

18A North Beach, Heacham, Norfolk, PE31 7LJ — King's Lynn and West Norfolk Borough Council — Appeal Decision Appeal Decision APP/V2635/W/24/3337693 resulted in a net increase of one caravan above that previously approved across the original wider site. 9. Matters have materially changed since the 2011 temporary planning permission in terms of the evidence regarding the vulnerability of this coastline and the need for a specific precautionary approach as set out in SADMP Policy DM18. As such any intensification of residential occupation of the appeal site requires careful scrutiny. 10. The appellant’s appeal statement recognises that the wider site previously had planning permission for 3 caravans, resulting in each of the subsequent subdivided plots effectively having planning consent for 1½ caravans each. That would accord with the LPAs stance that the consequence of the partitioning of the original wider site into two distinct land holdings has now created two separate planning units. Neither of which have had planning permission for 2 caravans previously. However, the appellant submits that the amount of floorspace now proposed with the 2 smaller caravans on No.18a would be markedly lower than the original 1½ caravans. That may be the case at No.18A on its own, but I need to consider the original site as a whole.

18A North Beach, Heacham, Norfolk, PE31 7LJ — King's Lynn and West Norfolk Borough Council — Appeal Decision On that basis I cannot conclude that the combined floorspace of the 4 caravans now sought would be less than the original 3 caravans. Moreover, an additional caravan across the wider site, which both appeal proposals would facilitate, could be occupied on a self-contained basis, resulting in a more intense occupation compared to the previously approved layout for the 3 caravans. 11. The appeal proposal is accompanied by a brief Flood Risk Assessment (FRA) sheet. It does not demonstrate that an increase in seasonal residential accommodation to 2 units is necessary. Nor does it demonstrate that the sequential test has been satisfied in demonstrating whether there are other reasonably available sites to accommodate the net increase in residential accommodation. As such the appeal proposal fails to demonstrate that inappropriate development in area at risk of flooding cannot be avoided. 12. Additionally, the submitted FRA does not sufficiently address the rate, speed and potential depth of flood water inundation at the appeal location, including with the impacts of climate change. Nor does it adequately explain how the development could be made safe during its lifetime.

18A North Beach, Heacham, Norfolk, PE31 7LJ — King's Lynn and West Norfolk Borough Council — Appeal Decision The appeal proposal could be subject of a condition requiring an evacuation plan be provided, but I do not have sufficient information before me to be satisfied, as a matter of principle, that such a condition would be enforceable, precise and reasonable in all other respects. I observed that the caravans have been raised and would be occupied for part of the year only but that does not remove the need to undertake a thorough assessment (exceptions test). 13. The EA has submitted clear objections to the intensified residential occupation of the appeal site due to an increased risk to life as a result of extreme flood events. I have given significant weight to the submissions of the EA. 14. Bringing this all together, I conclude that the placement of two caravan units on the appeal site, would not comply with the requirements of the development plan, particularly at SADMP Policy DM18 regarding proposals in the Coastal Hazard Zone. The appeal proposal would also fail to accord with the NPPF and PPG in respect of steering new development to areas with the lowest https://www.gov.uk/planning-inspectorate 3

18A North Beach, Heacham, Norfolk, PE31 7LJ — King's Lynn and West Norfolk Borough Council — Appeal Decision Appeal Decision APP/V2635/W/24/3337693 probability of flooding and demonstrating that were development necessary in an area of flood risk it would be safe for its lifetime. 15. For the above reasons and exercising the precautionary principle in respect of the risk to life from flooding, I conclude there are insufficient material considerations to justify a decision other than in accordance with the development plan. 16. I have had regard to all other matters raised, there is nothing that leads me to conclude other than the appeal should be dismissed.

18A North Beach, Heacham, Norfolk, PE31 7LJ — King's Lynn and West Norfolk Borough Council — David Spencer Inspector. https://www.gov.uk/planning-inspectorate 4