| No. | Condition Text |
|---|
| 1. | This application is to vary application reference 06/22/0869/VCU, where condition 1 stipulated that development must be completed by the 13th December 2023. This condition was imposed on the original prior approval application (ref. 06/20/0533/PAD) as in accordance with condition Q.2(3) of Class Q of the Town and County Planning (General Permitted Development)(England) Order 2015, where development under Class Q must be completed, rather than started, within a 3 year period. There is no mechanism under Section 73 of the Town and Country Planning Act 1990 (as amended), to vary the time limit condition, as the development would still need to accord with all requirements of Class Q, including condition Q.2(3). The works could not have reasonably been expected to have been completed within the period between validation of this application and the 13th December 2023.
Furthermore, the time period for completion of the development as was permitted under Class Q and as imposed by the conditions of the regulations has now expired. |
| 2. | In order for such a proposal to accord with the prior approval requirements for which the original consent was granted, it is necessary to comply with Class Q of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended). The proposal includes the installation of exterior horizontal shiplap cladding to all elevations, the installation of decorative repurposed barn doors, and addition of bargeboards and facias to the existing roof elevations, whereas the existing approved plans indicated a conversion to retain existing materials. As a result of the proposed works, these would go beyond what is reasonably necessary for the building to function as a dwelling and thus contrary to the provisions of Class Q, Class Q.1 (i) (i) (aa) and, on this basis, the proposal would not be permitted by Part 3, Class Q of the Town and Country Planning (General Permitted Development) Order 2015 (as amended). |
| 3. | The application site is located within the Orange 400m to 2.5km Indicative Habitat Impact Zone and would constitute a net addition of a single dwelling. The application is not supported by an up-to-date shadow template Habitats Regulations Assessment nor the uplift in payment to provide the required £221.17 per dwelling GIRAMS contribution, which are 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 cannot fully assess the additional impact, in terms of indirect and direct impacts upon the 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) which seek to avoid or mitigate the cumulative potential adverse impacts to designated sites arising from development. |
| 4. | 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. |
