Great Yarmouth Borough Council Portal
No.Condition Text
1.The use of the outbuilding as a dwelling and the resultant constrained plot would mean that it would fail to read as a dwelling in the street scene with it failing to accord with good design principles by not fronting to road, having no active 'front elevation', not having its private areas to the rear of the dwelling and by not responding to the surrounding built environment in terms of form, design or scale. The result would be a cramped, confined and awkward dwelling which is inappropriate for the surrounding spacious character. The proposal would therefore be contrary to Policies CS01 and CS09 of the Great Yarmouth Local Plan Core Strategy (2015), Policy A2 of the Great Yarmouth Local Plan Part 2 (2021) and Paragraphs 130 and 134 of the National Planning Policy Framework (September 2023).
2.The use of this outbuilding as a dwelling would lead to the over-development of the site resulting in cramped form of development including a garden of insufficient size which would be out of keeping with the surrounding urban grain which comprises dwellings with good sized private rear gardens contributing to the character and appearance of the area. The garden to the dwelling would suffer from an unbearable sense of enclosure and crampedness, along with the potential of overlooking from the donor dwelling, which would lead to conditions detrimental to residential amenity. The proposal would therefore be contrary to Policy CS09 of the Great Yarmouth Local Plan Core Strategy (2015), Policies A1 and A2 of the Great Yarmouth Local Plan Part 2 (2021) and Paragraph 130 of the National Planning Policy Framework (September 2023).
3.The application site is located within the orange 400m to 2.5km Indicative Habitat Impact Zone and the application is not supported by the necessary financial 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).
4.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).
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.
6.NOTES - Please read the following notes carefully:- The erection of a building within the curtilage of a dwelling is not considered to be permitted development if it were not built with the intention of being used incidental to the enjoyment of a dwelling. Given that this application was submitted before the outbuilding was used, with it still being fitted out at the time of the site visit, the Borough Council may be obliged to seek enforcement action.