Great Yarmouth Borough Council Portal
No.Condition Text
1.The application site is located outside of the development limits, and whilst there is an unlit pedestrian footpath linking the site to the neighbouring village of Ormesby St Margaret, the distance to facilities is in excess of what would be reasonably expected for people to walk, and the highway environment is not attractive to encourage cycling as a means of day-to-day travel. This means that the application site location precludes any realistic opportunity of encouraging a modal shift away from the private car. Therefore the site is not located to minimise the need to travel and is not in a sustainable location for new development. As a result, the proposed development conflicts with the aims of sustainable development and does not satisfy the requirements of Policies CS1 and CS2 of the Great Yarmouth Local Plan Core Strategy (2015) and Policy GSP1 Great Yarmouth Local Plan Part 2 (2021).
2.The layout of the proposed development does not reflect the surrounding prevailing linear pattern of development, and the bungalow located to the north of the site would fail to have a positive relationship with Main Road. This is exacerbated by its lack of active frontage which would be visible from Main Road and dominant in views down the access drive, which would have the effect of creating a visually unattractive and unwelcoming dwelling. The application therefore fails to provide a form of development which is in keeping with the character of the surrounding area and therefore the application fails to comply with Core Strategy (2015) Policies CS1 and CS9 and Local Plan Part 2 (2021) Policy A2, and fails to address Paragraph 135 of the NPPF (December 2023) and the Great Yarmouth Borough-wide Design Code Supplementary Planning Document (adopted January 2024).
3.The proposed widening of the present access to provide access to Main Road for plots 1 and 2 and to create a new private drive to serve plot 3 effectively creates three private accesses within a limited stretch of highway which would likely result in vehicle conflict and confusion. Moreover, the layout of the parking and turning area increases the likelihood that vehicles would reverse out onto the highway which would lead to conditions detrimental to highway safety when considering that this stretch of Main Road is subject to a 50mph speed limit. The application fails to comply with Core Strategy (2015) Policy CS9 and CS16 as it would create conditions which would lead to an unacceptable impact on highway safety as identified by NPPF paragraph 115 (December 2023).
4.The application site is located within the orange 400m to 2.5km Indicative Habitat Impact Zone and the application is not supported by an up-to-date shadow template Habitats Regulations Assessment or the required GIRAMS contribution of £663.51 required for this development to mitigate any impact on designated sites through increased recreational pressures, which are both 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 and the Council as Competent Authority under the Habitats Regulations cannot fully assess the additional impact, in terms of indirect and direct impacts upon the internationally-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).
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.No details have been provided to demonstrate how the properties would be connected to the mains sewer system or whether there is capacity in the sewer network to address the sewage generated rom the development without causing risks of potential harm to the designated nationally and internationally-protected sites from increased nutrient loading and nitrification; as such in the absence of satisfactory details the application cannot be said to be able to avoid an unacceptable impact on designated sites and therefore is contrary to the adopted Great Yarmouth Local Plan Core Strategy (2015) Policy CS11 and Great Yarmouth Local Plan Part 2 (2021) Policies GSP5 and I3, and means that the Local Planning Authority cannot confirm that the development will include the mitigation required to be able to avoid a negative impact on designated sites and as such the development cannot be considered able to pass the Appropriate Assessment stage required by the Conservation of Habitats and Species Regulations 2017.
7.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.