Great Yarmouth Borough Council Portal
No.Condition Text
1.The site is within Flood Zone 2 and would not provide a safe form of accommodation within a flood event, of particular concern is the safety of potential occupiers of the ground floor flat (Flat 1) which would have no form of safe refuge and include sleeping accommodation at ground floor level. The Flood Risk Assessment demonstrates that in a 1:1000 plus Climate Change flood event the ground floor would floor by 1.02 metres. As such, accommodation would be at greater risk of flooding in comparison with the previous use of the property, where conventionally sleeping accommodation would have been confined to the first floor - being less vulnerable to flood risk impacts. In a flood risk event, the development would create a potential danger for loss of life due to the presence of sleeping accommodation on the ground floor and lack of safe refuge available. As such, the proposal would not comply with Core Strategy (2015) Policy CS13, NPPF paragraph 181 d) which requires that development located in a Flood Zone that will be at risk must be able to be safely managed, and Emerging Local Plan Policy CLC2.
2.The site is located within Flood Zone 2 and is therefore at a medium risk of flooding. While a Sequential Test has been submitted, it is not considered robust or adequate. The assessment is limited in scope, fails to identify or assess reasonably available alternative sites within Great Yarmouth town, including sites within Flood Zone 1, and does not demonstrate that no suitable lower risk sites are available to accommodate the proposed single dwelling. Given the modest scale of development proposed, it is considered likely that suitable alternative sites exist in areas at lower flood risk. As the Sequential Test has not been satisfied, the proposal must be determined in accordance with the development plan and overall flood risk considerations. The local planning authority is not satisfied that the proposed development would be safe throughout its lifetime and no public benefits have been identified that would outweigh the flood risk. The proposal is contrary to Core Strategy (2015) Policy CS13, Local Plan Part 2 (2021) Policy E1, paragraphs 173-177 of the National Planning Policy Framework (December 2024), and Emerging Local Plan Policy CLC2.
3.Flat 2 is not considered to offer adequate outlook or natural light to offer sufficient amenity to future residents. The flat would solely have windows serving habitable rooms which look out into the shared courtyard, which is only 3 metres wide and enclosed on three sides by two storey built form. The result would be an oppressive and unwelcoming living environment for future occupants to the detriment of their amenity. The application would therefore fail to comply with Core Strategy (2015) Policy CS9 and Local Plan Part 2 (2021) Policy A1, Paragraph 135 F of the NPPF (December 2024) and Emerging Local Plan Policy HEC7.
4.The application site is located within the orange 400m to 2.5km Indicative Habitat Impact Zone and therefore has the potential to result in significant impacts on designated ecological sites through cumulative recreational pressures arising from new development. Whilst the application is supported by an up-to-date 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) - the application is not supported by the required financial mitigation to offset any in-combination impacts on designated ecological sites. 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 mitigation suggested is sufficient to address the impacts of the development. Therefore, the application is contrary to the Core Strategy (2015) Policy CS11 Local Plan Part 2 (2021) Policies GSP5 and GSP8 and Emerging Local Plan Policy NAT4 and does not comply with The Conservation of Habitats and Species Regulations 2017.
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. The proposal is, therefore, contrary to Great Yarmouth Local Plan Core Strategy (2015) Policies CS14 and CS15 and Policies GSP8, Local Plan Part 2 (2021) Policy H4 and Emerging Local Plan Policy HEC2.
6.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.