18 Tuesday Market Place, Kings Lynn, Norfolk, PE30 1JW

18 Tuesday Market Place, Kings Lynn, Norfolk, PE30 1JW — King's Lynn and West Norfolk Borough Council — Appeal Decision Site visit made on 13 August 2025 by David Reed BSc DipTP DMS MRTPI an Inspector appointed by the Secretary of State for Housing, Communities and Local Government Decision date: 20th October 2025 Appeal Ref: APP/V2635/W/25/3369175 18 Tuesday Market Place, King’s Lynn, Norfolk, PE30 1JW • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by Gain SPVKL Ltd against the decision of King's Lynn and West Norfolk Borough Council. • The application Ref 35/00273/F, dated 21 February 2025, was refused on 20 May 2025. • The development proposed is the part restoration of a house including change from its last use as offices. Decision 1. The appeal is allowed and permission is granted for the part restoration of a house including change from its last use as offices at 18 Tuesday Market Place, King’s Lynn, Norfolk, PE30 1JW, in accordance with the terms of the application, Ref 35/00273/F, dated 21 February 2025, subject to the attached schedule of conditions. Application for costs 2. An application for costs was made by Gain SPVKL Ltd against King’s Lynn and West Norfolk Borough Council.

18 Tuesday Market Place, Kings Lynn, Norfolk, PE30 1JW — King's Lynn and West Norfolk Borough Council — Appeal Decision This application is the subject of a separate Decision. Main Issue 3. The main issue is whether the proposal is acceptable in relation to flood risk. Reasons 4. The proposal is to refurbish the historic section of No 18 Tuesday Market Place and convert it to residential use as a single dwelling following its last use for office purposes. No 18 is an important Grade II* listed building dating from the 14th century but refronted in Georgian style in the 18th and 19th centuries. The unsymmetrical brick façade is of three storeys with regular sash windows and a full height bow to one side, the whole making an impressive contribution to the Tuesday Market Place, itself an important historic space within the town centre. Oddly however the historic section is attached to a large modern four storey extension to the rear which replaced an old warehouse in 1975 when the whole building was converted to offices. 5. The whole area lies within a tidal breach hazard area on the edge of flood zones 2 and 3 and hence within an area subject to flood risk.

18 Tuesday Market Place, Kings Lynn, Norfolk, PE30 1JW — King's Lynn and West Norfolk Borough Council — Appeal Decision As a change of use the proposal is not subject to the sequential or exception tests1, but as the change is to a ‘more vulnerable’ type of use, a site-specific Flood Risk Assessment (FRA) is required. The submitted FRA is brief and not prepared by a specialist consultant; it essentially relies 1 National Planning Policy Framework paragraph 176 https://www.gov.uk/planning-inspectorate

18 Tuesday Market Place, Kings Lynn, Norfolk, PE30 1JW — King's Lynn and West Norfolk Borough Council — Appeal Decision As a change of use the proposal is not subject to the sequential or exception tests1, but as the change is to a ‘more vulnerable’ type of use, a site-specific Flood Risk Assessment (FRA) is required. The submitted FRA is brief and not prepared by a specialist consultant; it essentially relies 1 National Planning Policy Framework paragraph 176 https://www.gov.uk/planning-inspectorate

18 Tuesday Market Place, Kings Lynn, Norfolk, PE30 1JW — King's Lynn and West Norfolk Borough Council — Appeal Decision Appeal Decision APP/V2635/W/25/3369175 on the precedent set by the 2019 permission to convert the first floor and above of the modern rear extension to 22 residential flats with the historic section remaining in office use until it was vacated recently2. The FRA for that proposal was accepted by the Council and Environment Agency (EA). In the event of the catastrophic failure of the tidal River Ouse flood defences, a complete disaster for King’s Lynn, the ground floor of the historic part of No 18 would flood to a depth of up to 1.6m3 but the first floor and above would be well above flood level and like the flats would provide a safe refuge until the flood water subsides. This of course would only arise if prior evacuation had not taken place in response to a flood warning that a severe tidal event was likely. 6. The EA are not satisfied that the submitted FRA sufficiently demonstrates that the development and its occupants would be safe in the event of overtopping or a breach of the tidal defences during its lifetime.

18 Tuesday Market Place, Kings Lynn, Norfolk, PE30 1JW — King's Lynn and West Norfolk Borough Council — Appeal Decision However, whilst the FRA is sketchy, the essential argument that use as a single dwelling allows, as a last resort, safe refuge upstairs has validity providing there are restrictions on the use of the ground floor, at a minimum no sleeping accommodation. This and other resistance, resilience and precaution measures, following their identification, can be secured by condition. 7. The Council argue that an additional dwelling in this location is unnecessary given housing land supply elsewhere but even if correct (no details are provided) this does not take account of the significant benefits of restoring the Grade II* listed building to its original use as a single dwelling. Internal inspection reveals the damaging impact of the office use with internal partitions and unsympathetic alterations obscuring its fittings of c1725-30 mentioned in the list description. The proposal, already granted listed building consent4, would restore the internal character of the building and enhance its significance as a fine merchant’s house reflecting the historic importance of the town as a port and trading centre.

18 Tuesday Market Place, Kings Lynn, Norfolk, PE30 1JW — King's Lynn and West Norfolk Borough Council — Appeal Decision The building would be restored and reused in accordance with the policy aim and associated legal duty to sustain and enhance the significance of heritage assets, putting them to uses consistent with their conservation, and to preserve listed buildings and the features of special architectural or historic interest which they possess5. Whilst an additional dwelling may not be a determinative factor, the proposal is essential to restore the listed building. 8. However, potential flooding is a major concern and the submitted FRA is criticised by the EA for not proposing meaningful flood resistance or resilience measures, relying solely on evacuation procedures and sandbags. The appellant disputes this, but the matter can be addressed in this case by a condition requiring the preparation of a flood resilience/resistance/precaution plan by a qualified specialist. 9. The Council draw attention to three previous proposals relating to the modern section of No 18 which were refused on appeal and deal with the flood risk issue.

18 Tuesday Market Place, Kings Lynn, Norfolk, PE30 1JW — King's Lynn and West Norfolk Borough Council — Appeal Decision The first6, for a penthouse dwelling on the modern rear extension, failed the exception test due to the lack of sustainability benefits but one reason was this would have caused harm to the listed building as opposed to enhancement in this case. The second7 was for the creation of two flats, but these would have been on the ground floor with no scope for safe refuge on the floor above and also involved no heritage benefit. It was said that even a few extra residents in the flood risk area would add unacceptably to 2 Refs 19/00562/FM and 19/00747/LB 3 EA letter dated 26 August 2025, the appellant puts the figure at 0.6m. 4 Ref 25/00271/LB 5 Paragraph 210 of the National Planning Policy Framework and Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990. 6 APP/V2635/W/22/3302622 7 APP/V2635/W/23/3317934 https://www.gov.uk/planning-inspectorate 2

18 Tuesday Market Place, Kings Lynn, Norfolk, PE30 1JW — King's Lynn and West Norfolk Borough Council — Appeal Decision Appeal Decision APP/V2635/W/25/3369175 the pressure on the emergency services during a major incident, but I disagree, a tidal flooding disaster in King’s Lynn would affect hundreds of people across most of the town; the additional impact would be imperceptible8. Inconsistently, no flood risk objection on these grounds was raised by the Council or the same Inspector against the third proposal9 for a first-floor flat which would be well above projected flooding levels and thus a safe refuge as would be available in this case. 10. For these reasons the proposal would be acceptable in relation to flood risk having regard to its benefits. Any conflict with Policies LP18 and LP 25 of the King’s Lynn and West Norfolk Local Plan 2025 which require proposals in flood risk areas to address relevant issues through a site-specific FRA are outweighed by Policy LP20 which requires the historic environment to be conserved and enhanced in a manner appropriate to its significance and states this is a priority. Other Matters 11. The proposed dwelling may be subject to noise and disturbance from road traffic, the car parking opposite, nearby premises and/or special events held in the Tuesday Market Square.

18 Tuesday Market Place, Kings Lynn, Norfolk, PE30 1JW — King's Lynn and West Norfolk Borough Council — Appeal Decision A level of disturbance may reasonably be expected by residents in this central location, and the matter does not form a reason for refusal, but a condition to require a scheme to protect future occupiers from noise (subject to listed building constraints) would be reasonable and consistent with a similar scheme at No 14a. 12. The Council suggest four conditions should the appeal be allowed and these have been assessed against the relevant tests. In addition to the standard implementation time limit it is necessary to define the approved plans in the interests of certainty and to preclude gate/window opening over the highway. In view of the flood risk a condition requiring sign up to flood warnings and a flood evacuation plan is necessary, the latter incorporated into a flood resilience/resistance/precaution plan as explained above. A further condition for a scheme to protect against noise is necessary as stated above and finally a condition to ensure the listed building consent is respected and any further consent is obtained if necessary. 13.

18 Tuesday Market Place, Kings Lynn, Norfolk, PE30 1JW — King's Lynn and West Norfolk Borough Council — Appeal Decision The appellant states that the property would ‘almost certainly’ be used for short stays rather than permanent occupation and suggests a condition precluding use of the property as a primary residence. However, the implications of this for flood warning and evacuation are unclear and the suggestion does not appear to be supported by the Council or Environment Agency. Conclusion 14. The proposal would provide an additional dwelling but most importantly would secure the refurbishment and restoration of the Grade II* listed building to its original use, respecting and enhancing its significance as a fine merchant’s house in an important position on Tuesday Market Square. This clear and overriding benefit outweighs the flood risks in the particular circumstances of this case. 15. The appeal should therefore be allowed.

18 Tuesday Market Place, Kings Lynn, Norfolk, PE30 1JW — King's Lynn and West Norfolk Borough Council — David Reed INSPECTOR 8 Indeed, the Council’s Emergency Planner does not object to the proposal 9 APP/V2635/W/23/3317933 (refused and dismissed on non-flooding grounds only) https://www.gov.uk/planning-inspectorate 3

18 Tuesday Market Place, Kings Lynn, Norfolk, PE30 1JW — King's Lynn and West Norfolk Borough Council — David Reed INSPECTOR 8 Indeed, the Council’s Emergency Planner does not object to the proposal 9 APP/V2635/W/23/3317933 (refused and dismissed on non-flooding grounds only) https://www.gov.uk/planning-inspectorate 3 Appeal Decision APP/V2635/W/25/3369175 Schedule of Conditions 1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. 2. The development hereby permitted shall be carried out in strict accordance with the following approved plans: (i) Ground Floor Plan as proposed (subject to condition 3 (ii) below) (ii) First Floor Plan as proposed (iii) Second Floor Plan as proposed (iv) Third Floor Plan and roof over second floor front (v) External elevations as proposed 3. The refurbishment and conversion of the building hereby permitted shall not commence until a flood resilience/resistance/precaution plan prepared by a qualified specialist has been submitted to and approved in writing by the Local Planning Authority.

18 Tuesday Market Place, Kings Lynn, Norfolk, PE30 1JW — King's Lynn and West Norfolk Borough Council — David Reed This plan should include, but not be limited to: (i) Type of occupation eg permanent residence or short stays (ii) Restrictions on use of the basement and ground floor to preclude, as a minimum, sleeping accommodation (iii) Taking account of listed building constraints, building resilience, resistance and precaution measures to avoid or minimise water ingress during potential flood events and to ensure rapid reoccupation of the building is possible following any such events (iv) A Flood Evacuation Plan (more details at www.gov.uk/flood), including the following details: (a) actions to take on receipt of the different warning levels (b) evacuation procedures eg isolating services and taking valuables etc (c) evacuation routes including procedures for the elderly and infirm The measures in the flood resilience/resistance/precaution plan shall be implemented in full prior to first occupation of the development hereby permitted and maintained at all times thereafter. 4.

18 Tuesday Market Place, Kings Lynn, Norfolk, PE30 1JW — King's Lynn and West Norfolk Borough Council — David Reed Prior to first occupation of the development hereby permitted the occupiers, and all successive occupiers, shall sign up to the Environment Agency Flood Warning System (0345 988 1188) or www.gov.uk/flood) and shall be supplied with a copy of the approved Flood Evacuation Plan prepared under condition 3 above. 5. No gate/ground floor window shall open outwards over the highway. 6. The refurbishment and conversion of the building hereby permitted shall not commence until a scheme to protect the dwelling from noise (taking into account listed building constraints) has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in full prior to first occupation of the development hereby permitted and maintained at all times thereafter. 7. All conditions attached to the associated listed building consent (Ref 25/00271/LB) shall also be complied with in the implementation of the development hereby permitted. Should any of the measures necessary to comply with conditions 3-6 above require listed buildings consent this must be sought and granted prior to the works being carried out. https://www.gov.uk/planning-inspectorate 4