| 1. | Policy HOU7 of the adopted Great Yarmouth Borough-Wide Local Plan states:-
"New residential development may be permitted within the settlement boundaries identified on the proposals map in the parishes of Bradwell, Caister, Hemsby, Ormesby St Margaret, and Martham as well as in the urban areas of Great Yarmouth and Gorleston. New smaller scale residential developments may also be permitted within the settlement boundaries identified on the proposals map in the villages of Belton, Filby, Fleggburgh, Hopton-on-Sea, and Winterton. In all cases the following criteria should be met:
(a) the proposal would not be significantly detrimental to the form, character and setting of the settlement;
(b) all public utilities are available including foul or surface water disposal and there are no existing capacity constraints which could preclude development or in the case of surface water drainage, disposal can be acceptably achieved to a watercourse or by means of soakaways;
(c) suitable access arrangements can be made;
(d) an adequate range of public transport, community, education, open space/play space and social facilities are available in the settlement and,
(e) the proposal would not be significantly detrimental to the residential amenities of adjoining occupiers or users of land."
For the reason stated in 2 below, the proposal does not conform with the requirements of criterion (c) of this policy.Furthermore it is considered that the siting of the proposed house in such close proximity to the northern boundary of the site would, particularly as trees along that boundary are to be removed, result in an unneighbourly form of development which would be detrimental to the residential amenities of the occupiers of the nearby dwelling by reason of overlooking and loss of privacy and thereby would be in conflict with Policy HOU7(e).
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| 3. | The application site is restricted by the presence of a number of trees (protected by a Tree Preservation Order) which make a significant contribution to the character and appearance of the locality. The erection of the dwelling proposed would require the removal of some trees and, as a result of overshadowing,loss of light and the possible threat of damage to the new dwelling, lead to pressure for the removal of others contrary to Policy NNV23 of the Local Plan which states :-
"The Council will grant consent for the cutting down, topping, lopping or uprooting of a tree protected by a Tree Preservation Order or within a Conservation Area only if the work is necessary to secure:
(a) The proper pruning of the tree for good arboricultural reasons, or,
(b) removal of the tree so that the survival or growth prospects of other protected trees are enhanced.
Where consent is granted for the removal of trees, the Council will require their replacement in an agreed position with trees of appropriate species and size." |