# Land west of 21 Hemsby Road, Martham

- **Decision:** dismissed, 24 August 2026
- **Decided by:** Planning Inspector: J Somers
- **Authority:** Great Yarmouth (East of England)
- **Appeal reference:** 6009413
- **Application reference:** 06/25/0272/F
- **Procedure:** written-representations
- **Development:** New B2 industrial unit next to existing workshop, backing onto new-build housing gardens
- **Site context:** inside-settlement
- **Green Belt:** no
- **Framework applied:** August 2026 NPPF
- **Determinative policies:** P3
- **Development plan policies:** Great Yarmouth Core Strategy 2015 CS9, Local Plan Part 2 A1, B1, emerging Local Plan HEC7
- **Main issues:** living conditions (noise, enclosure, outlook)
- **Tags:** tier-2, living-conditions, emerging-plan-weight, transitional-no-consultation

## Summary
A new industrial unit next to fresh housing in Martham was dismissed. It would create an oppressive outlook for small gardens, and because the B2 use was undefined, its noise could not be assessed. The only Framework policy named is DM4, used to give the emerging plan policy moderate weight (DL ¶3).

## What made the difference
An ill-defined use class. Without knowing what B2 operation would take place, conditions could not be shown to control noise. The Framework's transition is not mentioned.

## Policy findings
- **DM4: neutral (moderate weight).** "In my application of Policy DM4 of the Framework" — emerging HEC7 advanced, consistent with the Framework, outstanding objections, so moderate weight (DL 3)
- **P3: harm.** code mapped by harvester — 4.6m metal shed 2.6m from 10m-deep gardens, oppressive outlook; unspecified B2 use means noise cannot be assessed (DL 11-12)
- **E1: benefit.** code mapped by harvester — 7 FTE, construction, planting; not enough (DL 13)

## Key facts
- Application form ambiguous between existing E(g)(iii) use and new B2; decided as open B2 (DL 4)
- Neighbouring 112-dwelling scheme under construction with small rear gardens backing onto site (DL 8)

## Sources
- https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/appeals/6009413
- https://appeal-planning-decision.service.gov.uk/published-document/7a265760-961a-4e3e-ab67-8eb7d528cb0c

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Source: https://planningdistilled.org/research/england/nppf-navigator/decisions/PINS-6009413.html

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