| No. | Condition Text |
|---|
| 1. | The change of use to residential in this location would have a significant adverse impact on the amenities of the adjoining dwelling by overlooking the property to an unacceptable degree. The additional car movements across private land will have an unacceptable adverse impact on the adjoining dwellings by way of increased noise levels owing to the close proximity of the drive to the existing residential properties. The applicant has not adequately demonstrated that the development proposed is free of contamination or capable of remediation. As it is likely that there is a level of pollutants including hydrocarbon contamination the application is contrary to current local and national planning policy with specific reference National Planning Policy Framework paragraph 120 and policy CS9 of the Great Yarmouth Core Strategy. |
| 2. | The application site is located within the designated local centre of Martham, policy CS7 of the Core Strategy. The use proposed is incompatible with the existing uses within the defined group of shops and services and cannot be adequately conditioned to mitigate against the adverse effects that future occupants would be exposed to. The exceptionally close proximity to two late night food takeaways and a public house with associated extraction, ventilation and customers would result in complaints about the established businesses by way of future occupants suffering unacceptable nuisance by way of both noise and odour. The National Planing Policy Framework and the draft National Planning Policy Framework (at consultation - appropriate weight applied) seek, at paragraph 109 and 168 to ensure that new developments are not adversely affected by noise pollution in particular. The Great Yarmouth Core Strategy, at Policy CS9 in in accordance with National Policy and seeks to protect future occupants from unacceptable levels of noise and air pollution. The negation relationship between the existing uses and the proposed use is contrary to local and national planning policy, it is not possible to condition adequate mitigation in order to overcome the policy objections; the application is therefore refused. |
| 3. | STATEMENT OF POSITIVE ENGAGEMENT: In accordance with the NPPF, in determining this application for planning permission, the Borough Council has approached it in a positive and proactive way and where possible has sought solutions to problems to achieve the aim of approving sustainable development. Unfortunately, despite this, in this particular case the development is not considered to represent sustainable or an acceptable form of development and has been refused for the reasons set out above. |
