| No. | Condition Text |
|---|
| 1. | In accordance with The Town and Country Planning (Development Management Procedure) (England) Order 2015 s5 (2) further information was requested in order to correctly assess the application. The information was not submitted and the applicant required the application be determined in absence of the required information. The Local Planning Authority cannot assess the application against paragraph 193, 194, 195 and 197 of the National Planning Policy Framework or CS11 of the Great Yarmouth Core Strategy. Without the required information The application cannot be determined without the required information to demonstrate the scale, location and appearance of the buildings proposed and as such the Local Planning Authority must refuse the application. |
| 2. | In the absence of information as requested the impact on the setting of the Grade 2 Listed Building cannot be assessed. In the absence of the ability to determine a developments impact on the setting of a listed building the Local Planning Authority is unable to act in accordance with s66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 and must therefore refuse this application for planning permission on the basis of inadequate information. |
| 3. | Sufficient information has not been provided in the form of a 'shadow' Habitat Regulations Assessment detailing both the potential cumulative impacts of the new dwelling upon nearby internationally important protected areas of biodiversity importance and any necessary mitigation measures. Paragraph 175 of the NPPF sets out that in such circumstances permission should be refused, with 177 removing the 'presumption in favour of sustainable development' where Appropriate Assessment cannot rule out adverse effects on the integrity of the habitats site. |
| 4. | Further information was requested in accordance with the above legislation, Local and National Planning Policy and paragraphs 44 and 43 of the National Planning Policy Framework and was not provided and as such the application is refused. |
| 5. | 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. |
