Great Yarmouth Borough Council

No.	Condition Text
1.	Use of the first floor as a separate unit of accommodation would not offer a high-quality form of tourist accommodation, contrary to adopted policies L2 and A1. Guests would not have access to the rear garden at the dwelling, nor any defensible external space, and the proposal would not allow for clear separation of the two units except by locking the downstairs doors which would create a harmful living environment which would not offer a high-quality form of tourist accommodation. As such the application is contrary to policies CS8 and CS9 of the adopted Core Strategy (2015) and policies L2 and A1 of the adopted Local Plan Part 2 (2021).
2.	The application would cause significant harm to the amenity of the occupier of the downstairs flat. A clear separate unit of holiday accommodation could not be secured without individual door locks, with access required through the retained ground floor dwelling, which would not retain a suitable living environment for residents of the dwelling flat, or standard of amenity for the occupant of the residential dwelling, contrary to policies CS9 of the adopted Core Strategy (2015) and policies L2 and A1 of the adopted Local Plan Part 2 (2021) and the adopted Borough-wide Design Guide Supplementary Planning Document (January 2024).
3.	The site is located outside of development limits and is not within a Holiday Accommodation Area. The application site is physically isolated from the nearest settlement (Mautby) and the secondary village of Filby, with only a public house and a place of worship available but those are at least 800m from the site and are only accessible by unlit routes and roads without pavements. It is not possible to ascertain from the application that the proposals for new tourist accommodation are of a suitable scale, nor that the proposal would protect rural locations from visitor pressure, and as such the development is contrary to policies CS8, CS9 and CS16 of the adopted Core Strategy (2015) and policies L2 and A1 of the adopted Local Plan Part 2 (2021).
4.	The proposal has sought to address its impact on designated habitat sites through provision of a Shadow Habitats Regulations Assessment and GIRAMS contribution of £221.17, but given the passage of time the GIRAMS requirement has since increased to a required £304.17 per unit of holiday accommodation, so at the point of determination the application is not able to fully address the development's impacts on international designated sites. Rather than put the applicant to additional expense for an application which is not otherwise supported, the additional outstanding contribution is not requested at the planning application stage but the incomplete provision towards GIRAMS is by necessity included as reason for refusal of planning permission, to ensure that any appeal is aware of the outstanding matter and can make provision to address the outstanding contribution and provide an updated Shadow Habitats Regulations Assessment sufficient to address the Appropriate Assessment stage of Section 63 of the Conservation of Habitats and Species Regulations 2017, and policies CS11 and CS14 of the adopted Core Strategy (2015) and policies GSP5, GSP8 and L2 of the adopted Local Plan Part 2 (2021).
5.	NOTES - Please read the following notes carefully:- 1. 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. 2. The LPA can hereby confirm that the application has been accompanied by a partial contribution towards the appropriate and necessary financial contribution for GIRAMS Habitat Impacts Mitigation. The application is accompanied by a contribution of £221.17 received on 13/05/24. Please note that during the financial year from 1st April 2025 the necessary contribution to address the Habitats Regulations for this scale of development is £304.17, and would need to be accompanied by an appropriately-updated template Habitats Regulations Assessment.