Great Yarmouth Borough Council Portal
No.Condition Text
1.The proposed access to the dwelling would be taken through the parking area and front curtilage of 8 Garfield Terrace. This results in an unacceptable relationship between 8 Garfield Terrace and the proposed access due to the loss of car parking spaces and amenity area to the south of 8 Garfield Terrace. This would have the resulting effect that 8 Garfield Terrace would have a cramped and unsympathetic appearance in the street-scene. This would be contrary to the adopted Great Yarmouth Core Strategy Policy CS09 C (2015) which expects a good relationship between dwellings and the street, and the design expectations of the adopted Great Yarmouth Local Plan Part 2 Policy A2 (2021).
2.The impact of vehicle movements to/from the proposed dwelling's private roadway would result in increased levels of noise and disturbance to the occupants of the neighbouring 8 Garfield Terrace due to the proximity of the roadway to the front elevation. This would be particularly noticeable at night-time and will be exacerbated when vehicle headlights shine into the windows on the front elevation, causing further harm to the amenity and enjoyment of the dwelling. This is therefore contrary to the adopted Great Yarmouth Core Strategy (2015) policy CS09 F and adopted Great Yarmouth Local Plan Part 2 (2021) policy A1.
3.The site is located within Flood Zone 2 as defined by the Strategic Flood Risk Assessment (2017) and the application has not been supported by a Flood Risk Assessment. In addition, a Sequential Test has not been submitted as part of the application to identify and discount alternative sites for the development demonstrating that there are no suitable alternative available sites within the borough of Great Yarmouth that could accommodate the modest scale of growth proposed in areas at lower risk of flooding. Furthermore, the Local Planning Authority can demonstrate an adequate supply of deliverable housing sites and does not rely on provision of new windfall sites to maintain this supply. There are no sufficient material considerations to suggest that the Exception Test would be passed, and no other public benefits have been proposed to outweigh the risks of public safety from flood risk, and, as such, the Exceptions Test fails. As such, the proposal is contrary to the adopted Great Yarmouth Core Strategy Policy CS13 (2015) and the adopted Great Yarmouth Local Plan Part 2 policy E1 (2021), and contrary to the approach of NPPF (July 2021) (in particular Paragraph 162).
4.The application site is located within the Red 400m Indicative Habitat Impact Zone and the application is not supported by the required Bespoke Habitats Regulations Assessment nor the required £185.93 GIRAMS 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 cannot fully assess the additional impact, in terms of indirect and direct impacts upon the 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) which seek to avoid or mitigate the cumulative potential adverse impacts to designated sites arising from development.
5.The site has potential to provide habitat conducive to nesting birds and other species including small mammals. The application has not been supported by any information to demonstrate that the proposal would not have an adverse impact on the ecology within the site or that any mitigatory solutions have been proposed, and it does not propose any ecological enhancement. As such, the application is contrary to the adopted Great Yarmouth Core Strategy (2015) policy CS11 F which requires that all new development takes measures to avoid or reduce adverse impacts on existing biodiversity.
6.The proposal is for a single dwelling on a 0.081 ha site results equates to a significant lower density than the surrounding built environment. The proposal fails to make the best use of the land and therefore fails to comply with the adopted Great Yarmouth Core Strategy (2015) Policy CS09 A (2015) and the adopted Great Yarmouth Local Plan Part 2 (2021) Policy H3.
7.The proposal does not address the public open space demands of the development, whether by on-site provision or through means to secure financial contributions towards off-site provision, as required by the adopted Great Yarmouth Local Plan Part 2 policy H4. It has not been demonstrated that it is otherwise unviable to do so, nor that there is a surplus of open space within the ward rendering the requirement unnecessary. As such, the impacts of the development and the pressures the development places on public open spaces have not been mitigated and the proposed development fails to comply with the adopted Great Yarmouth Core Strategy (2015) policies CS14 and CS15 and the adopted Great Yarmouth Local Plan Part 2 (2021) Policies H4 and GSP8.
8.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 advised the applicant's agent of the issues but no further information was received. As a result, the application has to be determined based upon the information submitted and, 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.