Great Yarmouth Borough Council Portal
No.Condition Text
1.The site is located within an area safeguarded for employment development but proposes the change of use away from an employment use (Class E offices and retail) to a non employment, residential use (Class C3). No evidence has been provided to demonstrated that the site has undergone the required marketing for a sufficient and minimum period of time needed to be able to demonstrate that there are no realistic or feasible prospects for the building or site's re-use for employment generating purposes. Nor has there been any evidence submitted to suggest that, as an alternative to an entirely employment-based use, that a form of mixed use development would not be possible, as there has been no evidence of a sequential viability test being undertaken following the unsuccessful marketing of the site as required by policy CS06. As such, it has not been demonstrated that the principle of the development should be considered to be acceptable in removing the site from employment-generating use and introducing residential development as an alternative use within a defined safeguarded employment area, and therefore the application is contrary to adopted Great Yarmouth Local Plan Core Strategy (2015) Policy CS06 and Local Plan Part 2 (2021) Policy GSP1 and the NPPF (December 2023, paragraph 85).
2.The application site is in a safeguarded employment site and is close by to a number of industrial uses which are likely to generate a significant amount of noise disruption and dust. The application is supported by a Noise Impact Assessment however the mitigation measures proposed would not contribute to creating a high quality of living accommodation and amenity for future residents, especially as the mitigation strategy depends on the expectation that the dwelling windows would not be able to be opened in order to achieve the required noise reduction. As such the proposal is contrary to adopted Great Yarmouth Local Plan Core Strategy (2015) Policy CS09 F and Great Yarmouth Local Plan Part 2 (2021) Policies A1 and A2, and the NPPF (December 2023, paragraph 135).
3.The application proposes to install white UVPC windows which are not considered to be appropriate and would be out of keeping with the character and appearance of the building. The failure to reference the existing character of the building would be contrary to the design expectations outlined in policy A2. As such the proposal is contrary to adopted Great Yarmouth Local Plan Core Strategy (2015) Policy CS09 F and Great Yarmouth Local Plan Part 2 (2021) Policies A1 and A2, and the NPPF (December 2023, paragraphs 135 and 139).
4.The application site is located within the orange 400m to 2.5km Indicative Habitat Impact Zone and the application is not supported by an up-to-date shadow template Habitats Regulations Assessment, or a complete financial contribution, which are necessary for the purposes of satisfying the Council's duty to avoid impacts on internationally protected site through the use of the Green Infrastructure Recreational Avoidance Mitigation Strategy (GIRAMS). As such the Local Planning Authority and the Council as Competent Authority under the Habitats Regulations cannot fully assess the additional impact, in terms of indirect and direct impacts upon the internationally-designated sites within the Borough, without satisfaction that the required mitigation would be provided. As a result, the application is contrary to the adopted Great Yarmouth Core Strategy (2015) Policy CS11 and the adopted Great Yarmouth Local Plan Part 2 Policies GSP5 and GSP8 (2021).
5.STATEMENT OF POSITIVE ENGAGEMENT (REFUSALS): 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.