Casebook: Appeal cases - Community Facilities - Residential home fails settlement boundary test

An outline application for a residential care home in a Norfolk town has been rejected because it fell outside the settlement boundary, although the inspector found no justification for refusing it on prematurity grounds.

The inspector noted that the supplementary document to PPS1 makes it clear that it may be justifiable to refuse permission on grounds of prematurity where a development plan document (DPD) is being prepared or reviewed but has not yet been adopted. He did not consider the proposal substantial enough to prejudice the DPD, since it only affected a small area of the settlement.

In his view, the council had not shown how the proposal would prejudice the emerging plan. But he agreed that the site fell outside the defined settlement boundary, in an area where there was a clear presumption against development. The scheme also failed to meet the criteria set out in a local plan policy dealing specifically with proposals for residential institutions, he added.

DCS No: 100039290; Inspector: David Storrie; Written representations.

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