5 Wellesley Street, King's Lynn

appeal 6010197·King's Lynn and West Norfolk·17 September 2026dismissed
Decision
dismissed, 17 September 2026
Decided by
Planning Inspector: H Marriott
Authority
King's Lynn and West Norfolk (East of England)
Appeal reference
6010197
Application reference
25/02106/F
Procedure
written representations
Development
Demolition of former vehicle workshop and erection of four duplex flats
Homes
4
Site context
inside settlement, PDL, conservation area, listed building setting, flood zone 3
Green Belt
No
Framework applied
August 2026 NPPF
Determinative policies
S4(2)(c), DP3(1), DP3(3), HE4, HE6
Development plan policies
King's Lynn and West Norfolk Local Plan 2021-2040 (2025) LP02, LP06, LP18, LP20, LP21, LP25, LP40
Main issues
character and heritage setting; living conditions; flood exception test

Summary

Four duplex flats replacing a single-storey former workshop in central King's Lynn, behind a Grade II terrace and next to the Norfolk Street Conservation Area. Dismissed. The backland, back-to-back layout and deep M-plan roof were out of keeping with the railway-era grid and harmed the settings of the listed terrace and the CA. The inspector treated DP3 as a refusal policy that engages S4(2)(c). With considerable weight on the heritage harm, the benefits were "substantially outweighed" even though PDL redevelopment was given substantial weight under L2/L3. The flood exception test was passed. A costs application was made (separate decision).

Issues and findings

Planning balance

S4(1)/S4(2)(c). For the scheme, "substantial weight to the redevelopment of this previously developed underutilised site in a sustainable urban location" (L2/L3), a housing contribution ("not aware of an acute need"), and economic benefits (DL ¶33). Against it, DP3 conflict and HE4/HE6 harm "which attracts considerable weight". The benefits were "substantially outweighed" (DL ¶35).

What made the difference

The heritage and design harm from a backland plan form in a planned Victorian grid. Using DP3(3) as a refusal policy fed straight into S4(2)(c), so substantial L2 weight for PDL could not carry the scheme. A frontage-only terrace that reflected the rhythm of the adjoining terrace would probably have succeeded.

Transferable points

Policy findings

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

PolicyFindingWeightNote
HE6harmconsiderableharm to setting of Grade II 3-15 Portland Street and adjacent Norfolk Street CA; public benefits (PDL, housing, removing workshop fallback) do not outweigh (DL 15-18)
DP3(1)failbackland back-to-back layout, deep M-plan roof, flat frontage fail to respond to the railway-era grid; DP3(3) refusal limb engaged even with no design code conflict (DL 12-15, 34)
L2benefitsubstantialsubstantial weight to redevelopment of underused PDL in sustainable urban location (L2/L3) (DL 33)
F6passFZ3/Tidal Hazard Zone; sequential test agreed passed; exception test met - a "different exercise" from the heritage balance (DL 25-29)
S4(2)(c)failfailing DP3 is a S4(2) refusal-policy circumstance; benefits substantially outweighed (DL 34-35)

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.