Great Yarmouth Borough Council Portal
No.Condition Text
1.Policy H5(a) requires the application demonstrates that there is a clearly established functional need to live at the immediate area of their work 24 hours a day through the majority of the year. It has not been sufficiently demonstrated that there is a need for the applicant to reside on site and have a 24 hour a day presence. The submitted information only demonstrating a frequent, not continuous need to be on site. The application therefore fails to comply with Local Plan Part 2 (2021) Policy H5 A.
2.Policy H5(b) requires the business to have been established for at least 5 years and profitable for at least 2 years, that is currently financially sound and has clear prospect of remaining so. The applicant's accountant has provided a letter regarding the account of the business but this does not reasonably evidence the financial state of the business in the past, now and going forward and as such insufficient information has been provided to satisfy this criterion. Moreover, it states in the planning statement that nearby rental properties are "unattainable on the farm income" which raises doubts about the financial soundness of the business. The application therefore fails to comply with Local Plan Part 2 (2021) Policy H5 B.
3.Policy H5(c) sets out that the functional need could not be fulfilled by an existing dwelling on site, or any other accommodation (or building capable of conversion to such) in the area, which is suitable and available, or likely to become so, for occupation by the worker(s) involved. There has not been enough evidence submitted to demonstrate that there are no other properties in the surrounding area that are attainable and would negate the need for a dwelling on the site with the information submitted lacking a defined search area, price or other details of the search criteria. Therefore, its robustness is not considered adequate. The application therefore fails to comply with Local Plan Part 2 (2021) Policy H5 C.
4.Policy H5(e) expects that the proposed dwelling is reasonably related in size and character to the functional requirement and the value of the holding in its agricultural, forestry or land-based use. It has not been demonstrated in financial terms that the holding is financially sound such that the size of dwelling proposed is justified and can afford to be constructed and supported going forward as the proposal failed assessment of criterion (b) above as detailed in reason for refusal 2. The application therefore fails to comply with Local Plan Part 2 (2021) Policy H5 E.
5.Policy H5 (f) requires that it is demonstrated that there have been no previous disposals of potentially suitable properties from the holding, or by the applicant or related businesses or persons within the previous 5 years. It has not been evidenced as part of this application that there have been no previous disposals of potentially suitable properties from the holding, or by the applicant or related businesses or persons within the previous 5 years. The application therefore fails to comply with Local Plan Part 2 (2021) Policy H5 F.
6.When assessed as a market dwelling, given that the proposal does not meet the criteria of an agricultural workers dwelling, the site is located outside of the development limits, and is in an unsustainable location remote from schooling, town centre shopping, health provision, and has restricted employment opportunities with limited scope for improving access by sustainable modes, such as via foot or public transport. The distance from the nearest service centre provision precludes any realistic opportunity of encouraging a modal shift away from the private car, with there being insufficient facilities nearby 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 Policies GSP1 of the Great Yarmouth Local Plan Part 2 (2021). Local Plan Policy A1 would also raise amenity concerns regarding the impacts of the exiting agricultural use on future occupiers of the dwelling.
7.The proposal has failed to address the public open space requirements of the development, whether by on-site provision 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).
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 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.