Great Yarmouth Borough Council Portal
No.Condition Text
1.The proposed access to the dwelling would be taken through the parking area and front curtilage of 8 Garfield Terrace. This results in an unacceptable relationship between 8 Garfield Terrace and the proposed access due to the loss of car parking spaces and amenity area to the south of 8 Garfield Terrace. This would have the resulting effect that 8 Garfield Terrace would have a cramped and unsympathetic appearance in the street-scene. This would be contrary to the adopted Great Yarmouth Core Strategy Policy CS09 C (2015) which expects a good relationship between dwellings and the street, and the design expectations of the adopted Great Yarmouth Local Plan Part 2 Policy A2 (2021).
2.The impact of vehicle movements to and from the proposed dwelling's private roadway would result in increased levels of noise and disturbance to the occupants of the neighbouring 8 Garfield Terrace due to the proximity of the roadway to the front elevation. This would be particularly noticeable at night-time and will be exacerbated when vehicle headlights shine into the windows on the front elevation, causing further harm to the amenity and enjoyment of the dwelling. This is therefore contrary to the adopted Great Yarmouth Core Strategy (2015) policy CS09 F and adopted Great Yarmouth Local Plan Part 2 (2021) policy A1, and contrary to the approach of NPPF (December 2023) (in particular Paragraph 135).
3.Due to the positioning of the proposed dwellings on the site, there would be limited separation distance of approximately only 11m between the proposed two new dwellings. This is below the minimum separation of 20m between dwellings. As such this would lead to overlooking between the dwellings into habitable rooms which would result in a loss of privacy which would be detrimental to residential amenity and result in an overbearing living environment. This is therefore contrary to the adopted Great Yarmouth Core Strategy (2015) policy CS09 F and adopted Great Yarmouth Local Plan Part 2 (2021) policy A1, and contrary to the approach of NPPF (December 2023) (in particular Paragraph 135).
4.Plot 1 is positioned close to the northern boundary with no.15 Nelson Court and the upper floor windows of the proposed dwelling are only located 9m away from the rear wall of the bungalow to the east. This would generate overlooking to the rear garden and into the rear habitable rooms which would be detrimental to the amenity of the neighbouring occupiers. This is therefore contrary to the adopted Great Yarmouth Core Strategy (2015) policy CS09 F and adopted Great Yarmouth Local Plan Part 2 (2021) policy A1, and contrary to the approach of NPPF (December 2023) (in particular Paragraph 135).
5.The site is located within Flood Zone 2 as defined by the Strategic Flood Risk Assessment (2017) and the application has not been supported by a Flood Risk Assessment. In addition, a Sequential Test has not been submitted as part of the application to identify and discount alternative sites for the development demonstrating that there are no suitable alternative available sites within the borough of Great Yarmouth that could accommodate the modest scale of growth proposed in areas at lower risk of flooding. Furthermore, the Local Planning Authority can demonstrate an adequate supply of deliverable housing sites and does not rely on provision of new windfall sites to maintain this supply. There are no sufficient material considerations to suggest that the Exception Test would be passed, and no other material considerations have been presented to suggest that the development should be considered favourably notwithstanding the adopted flood risk policy position. As such, the proposal is contrary to the adopted Great Yarmouth Core Strategy Policy CS13 (2015) and the adopted Great Yarmouth Local Plan Part 2 policy E1 (2021), and contrary to the approach of NPPF (December 2023) (in particular Paragraph 173).
6.The application site is located within the Red 400m Indicative Habitat Impact Zone and the application is not supported by the required £442.34 GIRAMS 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 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) and the The Conservation of Habitats and Species Regulations 2017.
7.The proposal does not address the public open space demands of the development, whether by on-site provision or through means to secure financial contributions towards off-site provision, as required by the adopted Great Yarmouth Local Plan Part 2 policy H4. It has not been demonstrated that it is otherwise unviable to do so, nor that there is a surplus of open space within the ward rendering the requirement unnecessary. As such, the impacts of the development and the pressures the development places on public open spaces have not been mitigated and the proposed development fails to comply with the adopted Great Yarmouth Core Strategy (2015) policies CS14 and CS15 and the adopted Great Yarmouth Local Plan Part 2 (2021) Policies H4 and GSP8.
8.The proposal does not include any evidence or supporting information to confirm how the dwellings will be constructed to achieve the levels expected within Building Regulations level M4(2) for providing accessible and adaptable dwellings, nor evidence to suggest that there are suitable reasons for why these cannot be achieved. Similarly, there are no proposed measures for achieving a suitable standard of water efficiency of 110litres per person per day, nor any proposed features for on-site electric vehicle charging. As such the development is contrary to the requirements of adopted policies A2(f), E7 and I1 of the adopted Great Yarmouth Core Strategy (2015) and Local Plan Part 2 (2021).
9.The application has not presented any other material considerations to suggest that the development should not be determined other than in accordance with the provisions of the adopted and current local development plan, and as such the application should be refused in accordance with the requirements of Section 38(6) of the Planning and Compulsory Purchase Act 2004.
10.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 advised the applicant's agent of the issues but no further information was received. As a result, the application has to be determined based upon the information submitted and, 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.