Great Yarmouth Borough Council Portal
No.Condition Text
1.The proposal introduces development outside the settlement limits defined by adopted Local Plan Part 2 Policy GSP1 (2021) and therefore the development is contrary to the up-to-date local plan and is considered unacceptable in principle. Justification has not been provided to suggest that the proposal for residential development in the countryside should be assessed against adopted policy H5 or other policies relating to providing new open-market housing outside of development limits. No other reasons been presented nor have exception purposes been proposed or other material considerations offered which would be sufficient to justify the departure from the development plan. As such the development is considered contrary to Policies CS01 and CS02 of the Great Yarmouth Local Plan Core Strategy (2015) and Policy GSP1 of the Great Yarmouth Local Plan Part 2 (2021) and the expectations of the National Planning Policy Framework paragraphs 12 and 47.
2.The site is located in an unsustainable location distant from schooling, day to day shopping, health provision and other services, and has restricted employment opportunities available to future residents as there is limited scope for access by foot, cycle and public transport. The distance from the nearest service centre provision and limited public transport links connecting with the site precludes any realistic opportunity of encouraging a modal shift away from the private car towards more sustainable modes, as there area insufficient facilities within Filby to meet day to day needs. Therefore, the site is not located to minimise the need to travel and is not in a sustainable location for new development. As a result, the proposed development conflicts with the aims of sustainable development and does not satisfy the requirements of Policies CS01 and CS02 of the Great Yarmouth Local Plan Core Strategy (2015) and Policy GSP1 of the Great Yarmouth Local Plan Part 2 (2021).
3.It has not been demonstrated that there is sufficient land within the control of the applicant to provide the required visibility splay for the proposed new access to serve the proposed dwelling. The access is likely to be obstructed by neighbouring boundary treatments and this lack of visibility through obstruction on third party land is considered likely to prevent the appropriate and safe level of visibility being possible to the critical (west) direction, and as a result the development will give rise to conditions detrimental to highway safety, creating an unacceptable impact on highway safety. The application therefore does not satisfy the requirements of Policy CS16 of the Great Yarmouth Local Plan Core Strategy (2015) and should be refused in line with NPPF paragraph 111.
4.The application site is located within the Orange 400m - 2.5km Indicative Habitat Impact Zone and the application is not supported by the required £210.84 per dwelling GIRAMS contribution, which is 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.The proposal has failed to address the public open space requirements of the development, whether by on-site provision of open space or through means to secure financial contributions towards off-site provision. As such, the impacts of the development and the pressures the development places on public open spaces have not been mitigated. The proposal is, therefore, contrary to Great Yarmouth Local Plan Core Strategy (2015) Policies CS14 and CS15 and Policies GSP8 and H4 of the Great Yarmouth Local Plan Part 2 (2021).
6.No details have been provided to demonstrate how the property would be connected to the mains sewer system or whether there is capacity in the sewer network to address the sewage generated without causing risks of potential harm to the designated nationally and internationally-protected sites from increased nutrient loading and nitrification; as such in the absence of satisfactory details the application cannot be said to be able to avoid an unacceptable impact on designated sites and therefore is contrary to the adopted Great Yarmouth Local Plan Core Strategy (2015) Policy CS11 and Great Yarmouth Local Plan Part 2 (2021) Policies GSP5 and I3.
7.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.