Single-storey extension quashed after High Court decision


Easton - Credit: Archant © 2004

The High Court has quashed planning permission for a single-storey extension - after a Norfolk council accepted making a mistake.

South Norfolk Council (SNC) was taken to court by Easton Parish Council after granting permission for a front extension on Marlingford Road in June.

Prior to a decision, parish councillors called on planners to reject the extension, arguing it did not meet policies in the Easton neighbourhood plan and failed to enhance or preserve the village.

When the case appeared before the High Court last week, SNC accepted it had made an error, omitting a drawing number from the decision notice.

The application will now have to go back before planners for re-determination.

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A spokesperson for SNC said there is currently no time frame for it to be re-determined.

Hewitsons, solicitors acting on behalf of the parish council, said EPC had three other grounds they also aimed to challenge SNC on, which could bring the case back to court if not addressed.

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A Hewitsons spokesperson said: "Firstly, South Norfolk Council erred in law in failing to properly apply the relevant policies in the Easton Neighbourhood Plan which required new developments to preserve and enhance the village of Easton.

"Secondly, South Norfolk Council failed to have regard to an earlier refusal of a similar planning application and the legal principle of consistency in decision making.

"Thirdly, the decision was irrational and unreasonable given the earlier refusal of a similar planning application and the overall incongruences of the design to the importance of preserving and enhancing the village as required by the Neighbourhood Plan."

The SNC spokesperson did not say if these concerns would be addressed.

They said: "As with all applications it will be redetermination on its own merits in accordance with the Development Plan."

The owner of the Marlingford Road property, which is currently without planning permission, was contacted for comment but did not respond at the time of publication. 

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