Great Yarmouth Borough Council Portal
No.Condition Text
1.In order for such a proposal to be granted Prior Approval, it is necessary for the floor space of any dwelling created to be below 150sqm. The submitted drawings are not clear in respect of the extent of residential dwelling area nor as to what part of the building subject to the application would be the residential dwelling. The submitted Location Plan red line area extends around the entirety of the building and based on the floor area of this building this would measure 202sqm. Based on the floor area of the habitable rooms, work shop and store room (which is connected to the living room by internal door) using the floor areas shown on the submitted floor plan, this floor area would measure 157.33sqm, however based on measuring the bedrooms, open plan living area and bathrooms alone, this would measure 108sqm. Insufficient information has been provided for the Local Planning Authority to be able to confirm that the dwelling would have a floor area of less than 150sqm and be able to qualify for permitted development. Therefore, the proposal fails to comply with Q.1(c) of Part 3, Schedule 2 of The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended).
2.In order for such a proposal to be granted Prior Approval, no demolition is allowed other than that which is reasonably necessary to carry out building operations. Paragraph W(2) requires the application be supported by a written description of the proposed development, but the supporting statement includes information which states "This development will include clearing the other buildings and associated paraphernalia which will undoubtedly tidy the site and area up" and it is therefore not clear whether this proposal would also include demolition of other structures on the site (which would be outside of the red line but within the blue line showing the ownership of the applicant). Therefore, insufficient information has been submitted for the Local Planning Authority to be satisfied that the proposal would not involve demolition beyond that which is reasonably necessary to convert the building. There also appear to be new openings proposed on the south elevation to facilitate further agricultural use of the building which is not considered to be necessary for the building to function as a dwelling. Consequently, the proposal fails to comply with Q.1(j)(ii) of Part 3, Schedule 2 of The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended).
3.In order for such a proposal to be granted Prior Approval, it is necessary to comply with the Nationally Described Space Standard issued by the Department for Communities and Local Government on 27th March 2015 as read with the notes dated 19th May 2016 which apply to it. The proposal does not meet the requirements of the Notes, which direct that the minimum floor to ceiling height shall be 2.3m for at least 75% of the Gross Internal Area of the dwelling. There are no section drawings submitted to show the internal floor to ceiling height of each room, and noting the elevations show an eaves height of circa 2 metres above ground level, and with the likely need to insulate the building, there is concern that the minimum necessary usable floorspace may not be able to be provided, as it has not been demonstrated how the requirements of the NDSS would be achieved by the proposal or that the provided floor space would meet the minimum floor to ceiling height. As such the proposal does not comply with Q.1(o) of Part 3, Schedule 2 of The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended). It is also necessary to demonstrate that the design or external appearance of the building is acceptable, however the proposal is not suitable for conversion due to it's low heights rendering the building to be unsuitable due to the inadequate internal amenity space, as such the proposal is not considered to accord with Q.2.(1)(f).
4.In order for such a proposal to be granted Prior Approval, the curtilage must be no larger than the land occupied by that building. Excluding the access area, the total area of land covered by the proposal, including the dwelling would measure 443sqm, which means that no matter what floor area is used to calculate the curtilage that it would exceed the footprint of the dwelling in each case therefore exceed the limit of what is allowed under the definition of curtilage within Class Q. As such, the proposal is not considered to comply with the definition of curtilage as directed by Q.3.(1)(b).
5.In order for such a proposal to be granted Prior Approval, the noise impacts of the development and the location and siting of the building must be considered acceptable. The building is located on an active poultry farm and the plans would appear to indicate that a portion of the building would be retained for use by the farm which could be operated independently of the dwelling. The occupants of the proposed dwelling could therefore be subject to noise, odours and disturbances which are outside of their control. Moreover, no details of any form of noise protection measures or other forms of mitigation have been provided. Therefore, the proposal is not considered to accord with Q.2.(1)(b) and Q.2.(1)(e).
6.In order for such a proposal to be granted Prior Approval, it is necessary to demonstrate whether or not there would be any adverse impacts upon ecology. Due to the age of the building, its existing use and location which indicate the possibility of protected species their presence should be ruled out or shown to be able to be mitigated. The ecological assessment submitted with this application does not relate directly to this proposal and fails to fully assess the building subject of this application. As a result, insufficient information has been provided and the proposal fails to comply with W.(10)(b) of Part 3, Class Q of The Town and Country Planning (General Permitted Development) Order 2015 (as amended).
7.The application site is located within the Orange 400m to 2.5km Indicative Habitat Impact Zone and the application is not supported by a shadow template Habitats Regulations Assessment 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) and to fully assess the impacts of the proposal on designated ecological sites through recreational pressures, hydrological links or air quality, and to conclude the correct form of mitigation to offset any impacts. Without a HRA, the Local Planning Authority cannot fully assess the additional impact, in terms of indirect and direct impacts upon the designated sites within the Borough or confirm that the mitigation provided is adequate. As a result, the application is contrary to the Conservation of Habitats and Species Regulations 2017 which seek to avoid or mitigate the cumulative potential adverse impacts to designated sites arising from development.
8.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.