17 Brook Lane, Brookville

appeal 6009844·King's Lynn and West Norfolk·24 September 2026dismissed
Decision
dismissed, 24 September 2026
Decided by
Planning Inspector: A Knight
Authority
King's Lynn and West Norfolk (East of England)
Appeal reference
6009844
Application reference
25/01585/O
Procedure
written representations
Development
Outline (access) for one self-build dwelling on garden land beyond the Brookville development boundary
Homes
1
Site context
open countryside, settlement edge, garden land
Green Belt
No
Framework applied
August 2026 NPPF
Determinative policies
S5(1), CC2, Transitional(2)
Development plan policies
King's Lynn and West Norfolk Local Plan 2021-2040 LP01, LP02, LP13, LP18, LP19, LP21, LP31
Main issues
location; highway safety; living conditions (odour)

Summary

One self-build house on garden land beyond Brookville's development boundary in Norfolk. The self-build element could not be secured, so S5(1)(j) was not available, and houses on one side only meant it was not infill under S5(1)(e). The location fails on access to services: the nearest café is along an unlit road with no pavement, and the shop and school are 1.5 to 1.8 miles away along a fast B-road. The inspector framed the location test under CC2, not TR3. Dismissed.

Issues and findings

Planning balance

Plan-led with S5. A modest housing benefit against the unsuitable location. "The adverse effects of the unsuitable location would outweigh the benefits of the appeal scheme" (DL ¶36). The S5(4) test (exceptional circumstances, with benefits that substantially outweigh) is not named. With modest benefits the result is plainly the same.

What made the difference

No securing mechanism for self-build, which removed the (j) route, and a car-dependent location. A signed unilateral undertaking would have reopened (j), but the location evidence would then have weighed against the benefits.

Transferable points

Policy findings

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

PolicyFindingWeightNote
S5(1)(j)failself-build shortfall possibly an unmet need, but the self-build element cannot be secured (no legal agreement; condition not shown enforceable) (DL 11-12, 30)
S5(1)(e)failopen fields north and south; houses on one side only on Brook Lane; not infilling within a group (DL 31-32)
S5(1)failno category met, so "a clear directive to dismiss"; S5(4) exceptional-circumstances test not named, balance framed as adverse effects "would outweigh the benefits" (DL 34, 36)
CC2faillocation test run under CC2, not TR3; café 0.6 miles along the B1112 with no pavement or lighting; shop 1.5 miles and primary school 1.8 miles; fast, unlit B-road; car dependence (DL 14-16, 35)
Transitional(2)accordsignificantLP02 and other policies "not materially inconsistent with the Framework" in the context of this appeal, so significant weight (DL 36)

Key facts

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.