Great Yarmouth Borough Council

No.	Condition Text
1.	It is considered that the introduction of white uPVC windows in this prominent location within the Conservation Area would lead to a moderate-high and significant level of less than substantial harm to the character and appearance of the Conservation Area. The harm associated with the development would be of a moderately high level because they would be highly visible at second floor level on the building frontage and are prominent in views from Regent Road to the west and from along King Street to the south and from leaving the Market Place to the north. It is considered the proposal is unacceptable because the uPVC window models proposed are not in keeping with the historic character and appearance of the Conservation Area and are not of a suitable standard of design appropriate to the appearance of the building. The development is therefore contrary to adopted policies CS09 and CS10 of the Core Strategy (2015) and E5 of the Local Plan Part 2 (2021) in terms of being unable to conserve and enhance the significance of the Conservation Area, and being of poor design which does not address the requirement to enhance areas and provide high quality design. Failure to preserve and enhance the conservation area would also be contrary to the expectations of Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 in terms of the requirement for decisions in respect of proposals in conservation areas to pay special attention to the desirability of preserving the character or appearance of that area. The less than substantial harm is of a moderate-significant level given the site's prominent position in the conservation area and the development is not considered to be the only means of securing the reported benefits of the proposed development. Taking this into account, the benefits are not considered to outweigh the harms caused, even less so considering the potential longer term impacts of the development to the town centre's character and wider ambitions for improving the heritage value of the Town and attracting further investment (for example through the Heritage Action Zone investment programme which would also be undermined were this application to be approved). As such the development must also be considered contrary to NPPF expectations at paragraphs 202 and 203.
2.	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.

No.

Condition Text

It is considered that the introduction of white uPVC windows in this prominent location within the Conservation Area would lead to a moderate-high and significant level of less than substantial harm to the character and appearance of the Conservation Area. The harm associated with the development would be of a moderately high level because they would be highly visible at second floor level on the building frontage and are prominent in views from Regent Road to the west and from along King Street to the south and from leaving the Market Place to the north. It is considered the proposal is unacceptable because the uPVC window models proposed are not in keeping with the historic character and appearance of the Conservation Area and are not of a suitable standard of design appropriate to the appearance of the building. The development is therefore contrary to adopted policies CS09 and CS10 of the Core Strategy (2015) and E5 of the Local Plan Part 2 (2021) in terms of being unable to conserve and enhance the significance of the Conservation Area, and being of poor design which does not address the requirement to enhance areas and provide high quality design. Failure to preserve and enhance the conservation area would also be contrary to the expectations of Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 in terms of the requirement for decisions in respect of proposals in conservation areas to pay special attention to the desirability of preserving the character or appearance of that area. The less than substantial harm is of a moderate-significant level given the site's prominent position in the conservation area and the development is not considered to be the only means of securing the reported benefits of the proposed development. Taking this into account, the benefits are not considered to outweigh the harms caused, even less so considering the potential longer term impacts of the development to the town centre's character and wider ambitions for improving the heritage value of the Town and attracting further investment (for example through the Heritage Action Zone investment programme which would also be undermined were this application to be approved). As such the development must also be considered contrary to NPPF expectations at paragraphs 202 and 203.

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.