Great Yarmouth Borough Council

No.	Condition Text
1.	The development fails to secure the necessary planning obligations required to mitigate its impacts and to make the proposal acceptable in planning terms. In the absence of a completed and legally binding Section 106 Agreement, or alternative such as Unilateral Undertaking, there is no certainty that the following essential obligations would be delivered as required by adopted local development plan policy: a) providing 3 no. affordable housing units of affordable rent tenure within the development (as required by policies CS4 and CS14 of the Core Strategy, and policies UCS4, H1 and GSP8 of the Local Plan Part 2, and Policy 1 of Hemsby Neighbourhood Plan); b) providing financial contributions towards public open space expansion and enhancements in the vicinity in the sum of £16,476.59 (as required by policies CS14 and CS15 of the Core Strategy, and policies H4 and GSP8 of the Local Plan Part 2, and the Open Space Supplementary Planning Document); c) providing financial contributions towards GIRAMS and designated habitats protection in the sum of £3,954.21 (as required by policies CS11 and CS14 of the Core Strategy, and policies GSP5, E4 and GSP8 of the Local Plan Part 2, to provide mitigation and monitoring the impacts of recreation across designated sites in Norfolk (seen within the GIRAMS reports); d) confirming appropriate arrangements for the long-term management and maintenance of the proposed sustainable drainage system; (Constituting a failure to ensure appropriate management and maintenance, as required by policies GSP8, CS14 and E1); and, e) providing a planning obligation monitoring fee of £2,000. (Constituting a failure to enable the Local Authorities to fulfil their function as a public service providers and to monitor the completion of planning obligations.) As a result, the Local Planning Authority cannot be satisfied that the development would provide the necessary infrastructure, mitigation measures, and affordable housing required to address its impacts. As such, the development is contrary to adopted policies CS4, UCS4, CS11, CS14 and CS15 of the Great Yarmouth Core Strategy (2015), and policies H1, H4, E1, GSP5 and GSP8 of the Local Plan Part 2 (2021), and Policy 1 of the adopted Hemsby Neighbourhood Plan (2022), and is contrary to the National Planning Policy Framework, which requires planning obligations to be secured where necessary to make development acceptable in planning terms.
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

The development fails to secure the necessary planning obligations required to mitigate its impacts and to make the proposal acceptable in planning terms. In the absence of a completed and legally binding Section 106 Agreement, or alternative such as Unilateral Undertaking, there is no certainty that the following essential obligations would be delivered as required by adopted local development plan policy: a) providing 3 no. affordable housing units of affordable rent tenure within the development (as required by policies CS4 and CS14 of the Core Strategy, and policies UCS4, H1 and GSP8 of the Local Plan Part 2, and Policy 1 of Hemsby Neighbourhood Plan); b) providing financial contributions towards public open space expansion and enhancements in the vicinity in the sum of £16,476.59 (as required by policies CS14 and CS15 of the Core Strategy, and policies H4 and GSP8 of the Local Plan Part 2, and the Open Space Supplementary Planning Document); c) providing financial contributions towards GIRAMS and designated habitats protection in the sum of £3,954.21 (as required by policies CS11 and CS14 of the Core Strategy, and policies GSP5, E4 and GSP8 of the Local Plan Part 2, to provide mitigation and monitoring the impacts of recreation across designated sites in Norfolk (seen within the GIRAMS reports); d) confirming appropriate arrangements for the long-term management and maintenance of the proposed sustainable drainage system; (Constituting a failure to ensure appropriate management and maintenance, as required by policies GSP8, CS14 and E1); and, e) providing a planning obligation monitoring fee of £2,000. (Constituting a failure to enable the Local Authorities to fulfil their function as a public service providers and to monitor the completion of planning obligations.) As a result, the Local Planning Authority cannot be satisfied that the development would provide the necessary infrastructure, mitigation measures, and affordable housing required to address its impacts. As such, the development is contrary to adopted policies CS4, UCS4, CS11, CS14 and CS15 of the Great Yarmouth Core Strategy (2015), and policies H1, H4, E1, GSP5 and GSP8 of the Local Plan Part 2 (2021), and Policy 1 of the adopted Hemsby Neighbourhood Plan (2022), and is contrary to the National Planning Policy Framework, which requires planning obligations to be secured where necessary to make development acceptable in planning terms.

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.