Land E570552 N319551, Ashwicken, Norfolk, PE32 1LP

Land E570552 N319551, Ashwicken, Norfolk, PE32 1LP — King's Lynn and West Norfolk Borough Council — Appeal Decision Site visit made on 12 August 2025 by D Ellis MPlan MRTPI an Inspector appointed by the Secretary of State Decision date: 1 October 2025 Appeal Ref: APP/V2635/W/25/3365215 The Lodge, 1 West Hall Lane, Ashwicken, Norfolk PE32 1LP • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant outline planning permission. • The appeal is made by Mr Dale Hambilton against the decision of King's Lynn and West Norfolk Borough Council. • The application Ref is 24/01484/O. • The development proposed is up to two self build dwellings at land off Well Hall Lane. Decision 1. The appeal is dismissed. Preliminary Matters 2. The application was submitted in outline with all matters reserved for subsequent approval. Subsequently I have assessed the appeal proposal on that basis and have considered the submitted plans as indicative. 3. The King’s Lynn and West Norfolk Local Plan 2021-2040 (LP) was adopted in March 2025, after the original application was determined by the Council. The LP now forms the development plan, and as such this appeal will be determined in accordance with LP.

Land E570552 N319551, Ashwicken, Norfolk, PE32 1LP — King's Lynn and West Norfolk Borough Council — Appeal Decision The Kings Lynn and West Norfolk Borough Council Local Development Framework – Core Strategy (2011) and the Sites Allocations and Development Management Policies Plan (2016), against which the original application was assessed, have been superseded by the LP. Both the Council and the appellant have had the opportunity to provide their comments on the relevant policies of the LP. Main Issues 4. The main issues are: • Whether the site is a suitable location for housing, having regard to local policy for the provision of homes; • The effect of the proposal on protected species; • The effect of the proposal on Protected European Sites and the SSSI; and • The effect of the proposal on the character and appearance of the countryside. https://www.gov.uk/planning-inspectorate

Land E570552 N319551, Ashwicken, Norfolk, PE32 1LP — King's Lynn and West Norfolk Borough Council — Appeal Decision Appeal Decision APP/V2635/W/25/3365215 Reasons Location for housing 5. The appeal site is an area of garden land to the side of ‘The Lodge’, and the parties agree that it is situated outside of the settlement boundary of Ashwicken. LP Policy LP01 sets out the settlement hierarchy. Ashwicken is designated as a Tier 6 settlement ‘Smaller Villages and Hamlets’, and the policy also states that smaller groups of rural dwellings not listed in Policy LP01 are deemed to be within the wider countryside. 6. LP Policy LP02 states that, for Tier 6 settlements, residential development will not normally be supported outside of development boundaries unless allocated through the Local Plan or a Neighbourhood Plan. The table for Tier 6 settlements in Policy LP01 shows that there are no Local Plan or Neighbourhood Plan allocations for Ashwicken. The proposal would, therefore, be in tension with the Council’s Spatial Strategy as set out in LP Policies LP01 and LP02. 7. There are very few, if any, services in Ashwicken to cater for the day-to-day needs of future occupiers of the proposal. However, the site is a short distance from the services in Gayton.

Land E570552 N319551, Ashwicken, Norfolk, PE32 1LP — King's Lynn and West Norfolk Borough Council — Appeal Decision There are bus stops a short walk from the appeal site, although no evidence has been provided as to the frequency of the bus service. Moreover, only the bus stop on the southern side of the B1145 is served by a footpath, which subsequently ends at the junction between Fen Lane, Well Hall Lane and the B1145. The B1145 is a 50mph road and Well Hall Lane has a 60mph speed limit. None of the roads have street lighting. Overall, the lack of footpaths or street lighting, and the speed with which vehicles might travel on the roads, make it unattractive as a walking and cycling route, particularly after dark. 8. Given the above, access to and from the site would therefore be largely dependent on private cars to travel to services and facilities. For the reasons above, I am not persuaded that the site is well connected to the services and facilities that are provided within the nearby settlements, or that the proposed development is accessible by public transport, walking and cycling. Given the scale of development there is little scope for improving these. 9. On the basis of the above, there is no compelling reason before me to justify a deviation from the provisions of LP Policy LP01 in this case.

Land E570552 N319551, Ashwicken, Norfolk, PE32 1LP — King's Lynn and West Norfolk Borough Council — Appeal Decision Accordingly, the proposed site would not represent a suitable location for housing, having regard to the development plan as a whole. The proposal would therefore conflict with LP Policies LP01 and LP02, as well as LP Policies LP06 and LP13 which seek, among other matters, for development to promote sustainable forms of transport and reduce carbon emissions by minimising the need to travel and maximising the ability to make journeys via sustainable modes of transport. Protected species 10. The appellant submitted an Ecological Appraisal Report & Bat Roost Assessment (dated August 2024) (EA) with the original application. However, several of the ponds in the vicinity of the site were not assessed in person for the suitability for the presence of Great Crested Newts. I also note that the Council’s Ecology Officer disagrees with the EA’s findings with regards to these ponds. https://www.gov.uk/planning-inspectorate 2

Land E570552 N319551, Ashwicken, Norfolk, PE32 1LP — King's Lynn and West Norfolk Borough Council — Appeal Decision Appeal Decision APP/V2635/W/25/3365215 11. Given the actual and anecdotal reports of reptiles in the vicinity of the site, a further survey in addition to a method statement would be required to fully inform an assessment of risk to reptiles. With regards to bats, the EA recommends that further surveys should be carried out to determine the importance of the habitat around the site boundaries and assemblages of bat species in the local area, including in relation to foraging and commuting. However, no such surveys have been provided. 12. For these reasons, it has not been demonstrated that the proposal would have an acceptable effect on the protected species. As such the proposal would conflict with LP Policy LP19, which seeks to protect biodiversity. Protected habitats 13. The site is located within the zone of influence of one or more European Sites afforded protection under the Conservation of Habitats and Species Regulations 2017 as amended (the Habitat Regulations). LP Policies LP19 and LP27 seek to protect such sites from harm and, where necessary, seek mitigation against any adverse effect of development.

Land E570552 N319551, Ashwicken, Norfolk, PE32 1LP — King's Lynn and West Norfolk Borough Council — Appeal Decision The proposed development has the potential to adversely impact these designated sites through increased recreational disturbance. 14. However, the decision maker, when considering the effect that a proposal may have on a European Site, must consider mitigation within the framework of an Appropriate Assessment (AA) rather than at the screening stage. This responsibility now falls to me within this appeal. Such an assessment is necessary regardless of the status of the policies of the development plan. 15. The appeal site is also within 310 metres of the Leziate, Sugar and Derby Fens Site of Special Scientific Interest (SSSI). However, as no drainage detail of the scheme has been provided at this stage, it is unclear whether drainage pathways from the appeal site would have an acceptable effect the SSSI. 16. Had I been minded to allow the appeal, it would have been necessary for me to seek additional information from the parties and consult Natural England in order to undertake the AA. The AA is required on a case-by-case basis to determine whether or not the project will adversely affect the integrity of the site.

Land E570552 N319551, Ashwicken, Norfolk, PE32 1LP — King's Lynn and West Norfolk Borough Council — Appeal Decision It would also have required a consideration of whether or not any proposed mitigation would be adequate, effective, could be appropriately secured and delivered in a timely manner. However, as I am dismissing the appeal for other reasons, I do not need to consider the matters of the European Sites and the SSSI further as they would not change the outcome of this appeal. Character and appearance 17. The appeal site lies between the existing dwellings ‘The Lodge’ to the west and two pairs of semi-detached dwellings to the east, and there are also further dwellings to the north. Although the site currently forms a gap between the existing dwellings, the gap only makes a modest contribution to the countryside given the open countryside which lies beyond the semi-detached dwellings and to the south of the site. Furthermore, matters regarding layout, appearance and landscaping would be determined at a future application and could ensure that the proposal would not detract from its surroundings. As such, and as the proposed dwellings https://www.gov.uk/planning-inspectorate 3

Land E570552 N319551, Ashwicken, Norfolk, PE32 1LP — King's Lynn and West Norfolk Borough Council — Appeal Decision Appeal Decision APP/V2635/W/25/3365215 would be situated between existing dwellings, the proposal would not have any significant effect on the character and appearance of the countryside. 18. The proposal would therefore accord with LP Policies LP18 and LP21, insofar as they require development to respond to the context and character of places and to respond sensitively and sympathetically to the local setting. Planning Balance and Conclusion 19. The appellant states that the Council cannot demonstrate a five-year housing land supply. However, the appellant’s final comments and additional evidence both refer to the housing land supply of North Norfolk District Council, which is a different council area. I therefore have no evidence before me to demonstrate that King's Lynn and West Norfolk Borough Council do not have a current five-year housing land supply. As such, I am not persuaded that the proposed dwelling is necessary in this location or that it meets the sustainable development needs of the area. 20.

Land E570552 N319551, Ashwicken, Norfolk, PE32 1LP — King's Lynn and West Norfolk Borough Council — Appeal Decision Although there is nothing in the National Planning Policy Framework (the Framework) to suggest that the use of a private car would, in itself, make a development unsustainable, it is clear that to promote sustainable development in rural areas housing should be located where it will enhance or maintain the vitality of rural communities. 21. It is proposed for the new dwelling to be a self-build dwelling. However, there is no mechanism before me, such as a planning obligation under Section 106 of the Town and Country Planning Act 1990 (as amended), to secure the new dwelling as a self-build property. 22. A self-build dwelling was allowed on appeal at Docking1. However, the local policy context has changed with the adoption of the LP, and the full details of the scheme have not been provided so I cannot be certain that the sites are comparable. Furthermore, although the Inspector for the Docking appeal accepted that the self- build dwelling in that case would represent infilling, Policies LP01 and LP02 make no exception for infill development in Tier 6 settlements or the countryside 23.

Land E570552 N319551, Ashwicken, Norfolk, PE32 1LP — King's Lynn and West Norfolk Borough Council — Appeal Decision Notwithstanding this, paragraph 73 of the Framework supports small sites for self- build housing and LP Policy LP31 states that proposals for self-build housing will be supported where they respect local character and comply with other relevant LP policies. Furthermore, the Council acknowledges that it currently lacks an adequate supply of custom and self-build plots. 24. However, although the proposal would respect local character, it would not comply with LP Policies LP01, LP02, LP06, LP13, LP19 and LP27. I therefore attach limited weight to the provision of a self-build property and its respective benefits, which would not outweigh the harms identified above. 25. The proposal therefore conflicts with the development plan as a whole and the material considerations do not indicate that the appeal should be decided other than in accordance with it. The appeal is therefore dismissed.

Land E570552 N319551, Ashwicken, Norfolk, PE32 1LP — King's Lynn and West Norfolk Borough Council — D Ellis INSPECTOR 1 Appeal ref. APP/V2635/W/20/3253880 https://www.gov.uk/planning-inspectorate 4