| No. | Condition Text |
|---|
| 1. | REFUSAL of condition.
Condition 11 is NOT Discharged.
Condition 11 of pp 06/21/0638/F required details of proposed Boundary Treatments: gates, walls, fences and enclosures to be submitted and approved by the local authority.
The following details were submitted: Plans received 6th February 2025 - Untitled document outlining planning map with details of parking and boundary wall - submitted by agent
The details submitted in respect of Condition 11 (Boundary Treatments) of planning permission 06/21/0638/F are not acceptable. The boundary treatments as constructed, including the height and design of the walls, fencing, and piers, differ materially from those approved and are considered to result in an adverse impact on highway safety and the character and appearance of the area. As such, the condition cannot be discharged and is REFUSED |
| 2. | NOTES - Please read the following notes carefully:-
Please refer to the Local Planning Authority's (LPA) Delegated Report relating to this determination.
It is important to note that:
1. The LPA considers that the development as constructed is unauthorised due to its significant and cumulative deviation from the plans approved by planning permission 06/21/0638/F.
2. It is noted that Condition 7 of planning permission 06/21/0638/F is considered a true condition precedent pre-commencement condition, but the condition has not been discharged prior to the commencement of the development and remains undischarged at this point in time.
3. Please be advised that the original planning permission 06/21/0638/F requires lawful commencement of the permission by 31st May 2025. |
| 3. | Informative Note - Erected Highways Barrier
The Highway Authority will not accept the safety barrier within the highway, nor can it be licensed; it would be a private structure within the highway and technically an obstruction.
The applicant will need to demonstrate the barrier is not within (or overhanging) the public highway for it to be retained; or if found to the contrary it will need to be removed or set back, the latter of which would appear not possible.
Accordingly, it is the Applicant's responsibility to clarify the boundary with the public highway. Private structures such as fences, or walls, etc., will not be permitted on highway land. The highway boundary may not match the applicant's title plan. For further details, the applicant will need to contact the highway research team at highway.boundaries@norfolk.gov.uk |
