Great Yarmouth Borough Council Portal
No.Condition Text
1.Policy H5(a) requires the application demonstrate that there is a clearly established functional need to live at the immediate area of their work 24 hours a day through the majority of the year. It has not been sufficiently demonstrated that there is a need for the applicant to reside on site and have a 24 hour a day presence. The submitted information only indicating a desirable, not essential need to be on site. The application therefore fails to comply with Local Plan Part 2 (2021) Policy H5 A.
2.Policy H5(b) requires the business to have been established for at least 5 years and profitable for at least 2 years, that is currently financially sound and has clear prospect of remaining so. While details have been provided insofar as demonstrating that the farm has diversified, no evidence has been provided to demonstrate the financial status of the farm. The application therefore fails to comply with Local Plan Part 2 (2021) Policy H5 B.
3.Policy H5(c) sets out that the functional need could not be fulfilled by an existing dwelling on site, or any other accommodation (or building capable of conversion to such) in the area, which is suitable and available, or likely to become so, for occupation by the worker(s) involved. The site already has a dwelling on land adjoining within the ownership of the applicant and it has not been demonstrably evidenced that the functional needs of the agricultural operation justify an additional dwelling. Furthermore, no evidence has been submitted to demonstrate that there are no alternative properties in the surrounding area that are attainable and would negate the need for a dwelling on the site. The application therefore fails to comply with Local Plan Part 2 (2021) Policy H5 C.
4.Policy H5(g) requires that in order to support a temporary accommodation for 5 years, it meets criteria (a) and (b) above, which it has failed as detailed in reasons for refusal 1 & 2. The application therefore fails to comply with Local Plan Part 2 (2021) Policy H5 G.
5.When assessed as a market dwelling, given that the proposal does not meet the criteria of an agricultural workers dwelling, the site is located outside of the development limits, and is in an unsustainable location remote from schooling, town centre shopping, health provision, and has restricted employment opportunities with limited scope for improving access by sustainable modes, such as via foot or public transport. The distance from the nearest service centre provision precludes any realistic opportunity of encouraging a modal shift away from the private car, with there being insufficient facilities nearby to meet day to day needs. 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 Policies GSP1 of the Great Yarmouth Local Plan Part 2 (2021). Local Plan Part 2 Policy A1 would also raise amenity concerns regarding the impacts of the exiting agricultural use on future occupiers of the dwelling.
6.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. 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).
7.The application site is located within the orange 400m to 2.5km Indicative Habitat Impact Zone and the application is not supported by the required financial contribution of £221.17, 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 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).
8.No details have been provided to demonstrate how or whether the new property could be connected to the mains sewer system, nor whether there is adequate capacity in the sewer network to satisfactorily dispose of the sewage generated by 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 and bespoke ecological appropriate assessment of the risks and consequences, the application cannot be said to be able to avoid an unacceptable impact on designated sites and therefore is contrary to adopted policies GSP5 and I3 from the Local Plan Part 2 and Core Policy CS11 from the adopted Core Strategy, and the development would not be able to satisfy the requirement to demonstrate no detrimental impact as required by the Habitats Regulations.
9.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.