Great Yarmouth Borough Council

No.	Condition Text
1.	Due to the number of units proposed, the proposal would not be able to provide a high quality form of accommodation with cramped units with insufficient levels of outlook and outdoor amenity space contributing to an oppressive living environment for future residents and one which does not provide an adequate provision of amenity. The application would therefore fail to comply with Core Strategy (2015) Policy CS9 and Local Plan Part 2 (2021) Policy A1 and with Paragraph 135 F of the NPPF (December 2023)
2.	There is insufficient space within the rear yard to store the bins for all of the flats proposed meaning that the bins for the front two flats are proposed to be stored to the front of the property, adjacent the bay window fronting Wellesley Road. This would harm the street scene by providing additional clutter and harm visual amenity, but it would also harm the amenity of future and neighbouring occupants due to the proximity of the bin storage area to windows. Odours and flies emanating from the bins would discourage residents from opening windows which would contribute to the oppressive living environment and exacerbate the low provision of amenity for future residents. The application would therefore fail to comply with Core Strategy (2015) Policy CS9 and Local Plan Part 2 (2021) Policy A1 and with Paragraph 135 F of the NPPF (December 2023).
3.	The site is within Flood Zone 2 and would not provide a safe form of accommodation within a flood event, of particular concern is the safety of potential occupiers of the ground floor flats which have no form of safe refuge and include habitable and sleeping accommodation. The Flood Risk Assessment demonstrates that in a 1:1000 plus Climate Change flood event the ground floor would floor by 1.2 metres. As such, accommodation would be at greater risk of flooding in comparison with the previous use of the property, where conventionally sleeping accommodation would have been confined to the first floor - being less vulnerable to flood risk impacts. In a flood risk event, the development would create a potential danger for loss of life due to the presence of sleeping accommodation on the ground floor. As such, the proposal would not comply with Core Strategy (2015) Policy CS13 which requires that development is directed away from areas at the greatest risk of flooding and NPPF paragraph 173 d) which requires that development located in a Flood Zone that will be at risk must be able to be safely managed.
4.	The application site is located within the Orange 400m-2.5km Indicative Habitat Impact Zone and proposed the net introduction of two dwellings. To comply with the The Conservation of Habitats and Species Regulations 2017 and the Council's GIRAMS scheme, the application must be supported by a shadow template Habitats Regulations Assessment which assesses the impact of the proposal on designated site and assess the appropriate level of mitigation. The submitted shadow template Habitats Regulations Assessment incorrectly concludes that the proposal would have a net decrease on the impact on deisngated sites and therefore fails to cover the appropriate level of mitigation. Consequently, the application is contrary to Core Strategy (2015) Policy CS11 and Local Plan Part 2 (2021) Policies GSP5 and GSP8 which seek to avoid or mitigate the cumulative potential adverse impacts to designated sites arising from development and fails to comply with the The Conservation of Habitats and Species Regulations 2017.
5.	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, which is considered unacceptable for development in a part of the Borough where there is an identified deficit of public open space, causing residential development to lack the appropriate facilities required in the vicinity. 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.	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.