Council Wins Double Planning Appeal Victory at New Rackheath Site
Norfolk County Council has successfully defended two planning appeals brought by Gamble Plant Hire (Norfolk) Limited over an unauthorised site near Norwich. The Planning Inspectorate dismissed both appeals, and officers are now making regular visits to ensure the company complies with an enforcement notice.
Norfolk County Council has won both planning appeals lodged by Gamble Plant Hire (Norfolk) Limited over land at Salhouse Road, New Rackheath, after the Planning Inspectorate dismissed the company's challenges.
The first appeal challenged an enforcement notice issued by the council under the Town and Country Planning Act 1990. The second contested the council's refusal to grant planning permission — a decision originally made by the Planning (Regulatory) Committee in both 2021 and 2022.
Both appeals were dismissed, upholding the council's position on the site. Planning officers told the committee they are now carrying out regular monitoring visits to ensure the operator is complying with the enforcement notice.
Neither side applied for costs following the appeal. Principal Planner Ralph Cox explained that the council did not consider the applicant had acted unreasonably — the legal test required to seek a costs award — as the company was simply exercising its right to appeal.
Committee members raised concerns about whether local residents living near the site were being kept informed. Officers confirmed that residents had been involved throughout the appeal process and that they would be contacted again once planning officers are satisfied the requirements of the enforcement notice have been met.
One councillor asked what would happen if the operator were to vacate the site before complying fully. Cox noted that the land originally held an industrial use consent granted by the district council, meaning any stockpiles or plant left behind would likely have commercial value, making it probable the operator would remove them. However, he confirmed that a new operator could potentially move onto a vacated site without any restoration obligations.
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