Peterstone Lodge, Burnham Road, Burnham Overy Town

appeal 6009184·King's Lynn and West Norfolk·17 August 2026dismissed
Decision
dismissed, 17 August 2026
Decided by
Planning Inspector: John Morrison (on recommendation of Appeal Planning Officer L Clark)
Authority
King's Lynn and West Norfolk (East of England)
Appeal reference
6009184
Application reference
25/01006/CU
Procedure
written representations
Development
Change of use from holiday let to unrestricted dwelling
Homes
1
Site context
open countryside, rural lane
Green Belt
No
Framework applied
No Framework version cited
Determinative policies
s38(6), KLWN LP LP02
Development plan policies
King's Lynn and West Norfolk Local Plan 2025 LP01, LP02
Main issues
principle / location

Summary

Lifting the holiday-occupancy restriction on a lodge beside a 60mph B-road in open countryside near the Burnhams was dismissed as contrary to the settlement hierarchy (LP02). Permanent occupiers would be wholly car-reliant for daily trips. The decision was issued on 17 August 2026, the day the new Framework took effect. It cites no Framework, so the S5 route for development outside settlements (including reuse of existing buildings) was never tested.

Issues and findings

Planning balance

Plan-led s38(6). The council had a five-year supply. The absence of other harms was neutral (DL ¶12-13).

What made the difference

The plan's "not normally" wording, and the difference in travel pattern between holiday and permanent occupiers. Under the 2026 Framework the inspector would have had to consider whether a change of use of an existing building fell within S5(1). Where it does, the plan's countryside restriction may carry reduced weight under Annex A. That question was not asked.

Transferable points

Policy findings

Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.

PolicyFindingWeightNote
LP02 (KLWN LP)conflictTier 6 countryside; residential "not normally" supported outside development boundaries; nothing out of the "normal" here (DL 5-10)
TR3failcode mapped by harvester (not cited) — 60mph B1155, no footway or lighting; only school-day buses (2/day); "reliant upon the use of a car for every trip" (DL 4, 7-8, 11)

Key facts

Related decisions

Sources

This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.