Development Control Committee

Transcription

1 Development Control Committee Date: Wednesday, 08 March 2017 Time: 18:30 Venue: Council Chamber Address: Town Hall, Hall Plain, Great Yarmouth, NR30 2QF AGENDA CONTENTS OF THE COMMITTEE AGENDA PLANNING APPLICATIONS & CONDUCT OF THE MEETING Agenda Contents This agenda contains the Officers reports which are to be placed before the Committee. The reports contain copies of written representations received in connection with each application. Correspondence and submissions received in time for the preparations of the agenda are included. However, it should be noted that agendas are prepared at least 10 Working Days before the meeting. Representations received after this date will either:- (i) be copied and distributed prior to or at the meeting if the representations raise new issues or matters of substance or, (ii) be reported orally and presented in summary form by the Principal Officer of the Committee especially where representations are similar to, or repeat, previous submissions already contained in the agenda papers. There are occasions when the number of representations are similar in nature and repeat the objections of others. In these cases it is not always possible for these to be included within the agenda papers. These are either summarised in the report (in terms of numbers received) and the main points highlighted or reported orally at the meeting. All documents are available as background papers for public inspection. Page 1 of 73

2 Conduct Members of the Public should note that the conduct of the meeting and the procedures followed are controlled by the Chairman of the Committee or, if he/she so decides, the Vice Chairman. Any representations concerning Committee procedure or its conduct should be made in writing to either (i) The Planning Group Manager, Town Hall, Great Yarmouth. NR30 2QF (ii) The Monitoring Officer, Town Hall, Great Yarmouth. NR30 2QF DEVELOPMENT CONTROL COMMITTEE PUBLIC CONSULTATION PROCEDURE (a) Thirty minutes only will be set aside at the beginning of each meeting to deal with applications where due notice has been given that the applicant, agent, supporters, objectors, and any interested party, Parish Council and other bodies (where appropriate) wish to speak. (b) Due notice of a request to speak shall be submitted in writing to the Planning Group Manager one week prior to the day of the Development Control Committee meeting. (c) In consultation with the Planning Group Manager, the Chairman will decide on which applications public speaking will be allowed. (d) Three minutes only (or five minutes on major applications at the discretion of the Chairman) will be allowed to (i) objectors together, (ii) an agent or applicant and (iii) supporters together, (iv) to a representative from the Parish Council and (v) Ward Councillors. (e) The order of presentation at Committee will be:- (1) Planning Officer presentation with any technical questions from Members (2) Agents, applicant and supporters with any technical questions from Members (3) Objectors and interested parties with any technical questions from Members (4) Parish Council representatives, Ward Councillors and Others with any technical questions from Members (5) Committee debate and decision 1 APOLOGIES FOR ABSENCE To receive any apologies for absence. 2 DECLARATIONS OF INTEREST You have a Disclosable Pecuniary Interest in a matter to be discussed if it relates to something on your Register of Interests form. You must declare the interest and leave the room while the matter is dealt with. You have a Personal Interest in a matter to be discussed if it affects your well being or financial position Page 2 of 73

3 that of your family or close friends that of a club or society in which you have a management role that of another public body of which you are a member to a greater extent than others in your ward. You must declare a personal interest but can speak and vote on the matter. Whenever you declare an interest you must say why the interest arises, so that it can be included in the minutes. 3 MINUTES 5-13 To confirm the minutes of the meeting held on the 8 February APPLICATION 06/16/0695/O - CHOICE FURNISHINGS, 73 SOUTHTOWN ROAD, GREAT YARMOUTH Report attached. 5 APPLICATION F - CHURCH VIEW (LAND SOUTH OF) FLEGGBURGH, GREAT YARMOUTH Report attached. 6 APPLICATION 06/16/786/CU - BREYDON WATER HOLIDAY PARK, BUTT LANE, BURGH CASTLE Report attached. 7 LIST OF DELEGATED DECISIONS MADE BY THE DEVELOPMENT CONTROL COMMITTEE AND OFFICERS 1-28 FEBRUARY Report attached. 8 OMBUDSMAN AND APPEAL DECISIONS The Planning group manager to report any Ombudsman decisions and the Committee to note the following appeal decisions:- Page 3 of 73

4 (i) 06/16/0227/F Removal of condition 5 re: PP 06/15/0043/F to allow annexe to be used as a separate dwelling The Manor Barn, Browston Lane, Browston Green appeal dismissed Original application officer delegated refusal (ii) 06/16/0445/F Construction of 2 no. bungalows and garages at rear of Crab Lane, Bradwell appeal allowed with conditions. Original application was refused at Committee 9 ANY OTHER BUSINESS To consider any other business as may be determined by the Chairman of the meeting as being of sufficient urgency to warrant consideration. 10 EXCLUSION OF PUBLIC In the event of the Committee wishing to exclude the public from the meeting, the following resolution will be moved:- "That under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following item of business on the grounds that it involved the likely disclosure of exempt information as defined in paragraph 1 of Part I of Schedule 12(A) of the said Act." Page 4 of 73

5 Development Control Committee Minutes Wednesday, 08 February 2017 at 18:30 Present : Councillor Annison (in the Chair); Councillors Fairhead, Flaxman-Taylor, Grant, A Grey, Hammond, Reynolds, Thirtle, Wainwright, Williamson and Wright Councillor Bensly attended as substitute for Councillor Hanton Mr D Minns (Planning Group Manager), Mrs G Manthorpe (Senior Planning Officer),Mrs J Smith(Technical Officer) and Mrs S Wintle ( Member Services Officer) Mr G Chetwood (Managing Director, Pasteur Foods), Mr T O'Brien (Uk Development Director, Travelodge), Mr N Mobbs (Imperial Hotel), Mr J Chapman (J. W. Chapman), Mr Duxbury (Resident) Mr T Woolner (Agent, B&Q) and Mr S McGrath (Indigo Planning) 1 APOLOGIES FOR ABSENCE 1 An apology for absence was received from Councillor Hanton. 2 DECLARATIONS OF INTEREST 2 Page 5 of 73

6 Councillor Thirtle declared a Personal Interest in the item relating to Land, South of Repps Road, Martham, but in line with the Council's Constitution was allowed to both speak and vote on the matter. Councillor Hammond declared a Personal Interest in the item relating to Land, South of Repps Road, Martham, but in line with the Council's Constitution was allowed to both speak and vote on the matter. Councillor Wainwright declared a Personal Interest in the item relating to Pasteur Retail Park Ltd but in line with the Council's Constitution was allowed to both speak and vote on the matter. 3 MINUTES 3 The minutes of the meeting held on the 11 January 2017 were confirmed. 4 PLANNING APPLICATIONS 4 5 APPLICATION NUMBER F - PASTEUR RETAIL PARK LTD, LAND ADJACENT EAST JONES WAY(GC) PARK 5 The Committee received and considered the detailed report from the Group Manager, Planning which advised Members of a full planning application proposal for a demolition of existing warehouse and redevelopment to provide a 68 bed hotel, a restaurant, 2 A3/A5 drive thru A3 units with car parking spaces and associated works. The Group Manager, Planning reported that the floor space of the development described the development as comprising C1-68 bed hotel gross internal floor space 2251sqm, A3 - Restaurants and cafes 315.8sqm and A4 - drinking establishment as square metres. It was reported that the application proposed a total of 35 full time equivalent employees. The Group Manager, Planning reported that the application was accompanied by the following documents :- Design and Access Statement Transport Assessment Flood Risk Assessment, Surface and Foul Water Drainage Strategy Strategic Flood risk Assessment Ground Condition Assessment Ecological Survey Noise Assessment Air Quality Assessment Energy Appraisal Page 6 of 73

7 Marketing viability appraisal The Planning Group Manager reported that the company planned to expand significantly over the coming years and to aid this expansion it wished to sell the site with planning permission, releasing capital to facilitate improvements to the wider operation. Further updated information on the operation of the business is anticipated. It was reported that Pasta Foods needed to invest in their Great Yarmouth Factory and the value generated from this application would allow them to undertake this. Pasta Foods have confirmed that will they will sign a Legal Agreement binding them to spend 500,000 in the factory on implementation of planning consent. This investment will safeguard the long term future of the Great Yarmouth factory. The Group Manager Planning advised that the application had been subject to two objections, one from a local hotelier and one on behalf of the owners of Market Gates Shopping Centre. He reported that a number of letters in support of the application had also been submitted from employees at Pasta Foods. Members were advised that there had been no objections received in relation to the application from Anglian Water, Local Lead Flood Authority, Natural England,Historic Environment, Norfolk County Highways, Norfolk Fire and Rescue Service, Highways Agency, Building Control and Natural England. The Group Manager, Planning reported that the Environment Agency having reviewed the document have removed their objection to the proposal due to a flood risk assessment and flood management plan being submitted. The Planning Group Manager reported that as part of the application submission Travelodge in a supporting letter refer to the existing hotels at Beacon Park at Gorleston and Acle as being very busy and that they have identified an opportunity for a hotel closer to Great Yarmouth to meet the demand for more rooms in Great Yarmouth particularly for business visitors. The Group Manager reported since the application was submitted the applicants have provided further information in respect of the existing warehouse building which it is proposed to demolish here. The report sets out the advantages and disadvantages of the building, market demand for industrial/warehouse accommodation along with ground conditions and competing accommodation concluding that the he premises in their current format provide at best basic dry storage. Subdivision into smaller units is not viable due to the cost of direct building works and external changes. Redevelopment is not viable due to excessive build costs and absence of demand and the availability of competing lands with greater incentives such as the Council sponsored Enterprise Zone, Energy Park and Beacon Park as direct competitors. Higher land use occupiers are likely to be the only viable solution. Page 7 of 73

8 The report it is not evidence that the site had been marketed for 18 months as required by the Policy CS6 but provided an understanding of local market and ground condition based on local knowledge by a respected and established company in the town. The Group Manager reported that Members would need to consider the information and accord it appropriate weight in the decision making process in relation to Policy CS6. The Planning Group Manager reported that the application was recommended on balance for approval subject to the signing of a legal agreement ensuring investment in the existing Great Yarmouth Pasta Factory and subject to conditions as by the Highway Authority, Environment Agency, Landscaping and drainage and controlling condition to secure the development as proposed. A Member asked how access would be gained to the Pasta Food Factory, and he was advised by Mr Chetwood that access would be obtained via the back of the site. A further question was raised in relation to the number of allocated parking spaces for employees. A Member asked if this provision could be conditioned, the Planning Group Manager advised this could be conditioned by the requirement of a Car Parking Management Plan Mr Chetwood, Pasta Foods, Managing Director, reported the salient details of the application to the Committee and he assured the Committee that 500,000 would be invested back in to the factory upon implementation of the planning consent, providing a safeguard for the long term future of the Great Yarmouth Factory, in addition to the 140 current employees Mr Chetwood advised that Pasta Food were hoping to take on seven apprentices this coming year. These apprentices would be young, local people. Mr Chetwood confirmed in relation to a question raised by a Member that there would be parking spaces provided for employees at the Mill Facility in Southtown Road. A Member raised concern in relation to the level of investment required and made reference to a letter contained within the application report from Savills which highlighted the significant amounts of capital acquired and therefore asked why such funding could not have been used to invest in the Great Yarmouth Factory. Mr Chetwood advised that a 2M short term loan had been received from the LEP which had been used to fund equipment, a further 750,000 bridging loan was then received which to date is still being repaid, and he then advised that any further capital was used to fund a 3.7M loss within Pasteur Foods. Mr Tony O'Brien, UK Development Director Travelodge summarised the Travelodge Hotels commitment to the proposed application and stated that they had legally exchanged to take a 25 year lease in the completed hotel. Mr Nick Mobbs, Objector summarised the main objections to the proposed application to Members, he pointed out to Members that there had been a significant decline in business and that should the application be approved it would likely decline further. Mr Mobbs also made reference to the fact that the Page 8 of 73

9 proposed area for development was safeguarded / designated employment land. A Member asked Mr Mobbs why he had been the only hotel to submit a objection, Mr Mobbs advised that he felt other hoteliers were not aware of the proposals. A Member raised concern in relation to the application being situated on a designated employment land site and pointed out the need for Members to take note of established Strategies and Policies. A Member raised concern in relation to the amount of parking spaces available for employees and stated that he felt a further condition should be added to the proposal recommendation if approved to ensure a car parking management plan would be put in place. RESOLVED : That application 06/16/0332/F be approved on balance subject to the signing of a legal agreement ensuring investment in the existing Great Yarmouth Pasta Factory and subject to conditions as by the Highway Authority, Environment Agency, Landscaping and drainage and controlling condition to secure the development, and a car parking management programme as proposed. 6 APPLICATION NUMBERS 06/16/0435/O & 06/16/0811/F - LAND SOUTH OF REPPS ROAD, MARTHAM 6 The Committee received and considered the detailed Senior Planning Officers report which proposed an outline planing application with all matters reserved apart from access for up to 144 new dwellings. The Senior Planning Officer report that the application comprised of two applications, one full application for the creation of a new roundabout and access road to be formed into the adjoining land which would provide an access should the outline permission be granted for the erection of up to 144 dwellings. The application for the 144 dwellings is with all matters reserved apart from access and as such the applications are, by necessity to be considered together. The Senior Planning Officer reported that the Parish Council had objected during the initial consultation to the application on the grounds of confusion about access to Rising Way. A secondary response had been submitted from the Parish Council which asked that the compact roundabout be considered and that a 30mph limit be extended down Repps Road. The Senior Planning Officer also advised that the Parish Council had expressed their support in the roundabout proposals. The Senior Planning Officer reported that there had been 25 neighbour Page 9 of 73

10 objections received in relation to the application, Members were provided with a summary of the main objections received. The Senior Planning Officer reported that Highways had stated that they felt the roundabout should be implemented prior to the first occupation of the dwellings proposed. It was advised that the Internal Drainage Board had requested that further confirmation is required during detailed design stage. Members attention was drawn to the detailed comments received from Strategic Planning and to the full objection detailed within the report from CPRE - Campaign to Protect Rural England. The Senior Planning Officer reported that a number of objections were raised regarding the affordable housing homes provision on the site as the original application stated 10%. This has subsequently been amended and the policy compliant 20% shall be provided on the site. The affordable housing shall be secured by way of a Section 106 agreement. The Senior Planning Officer reported that Natural England had advised that they would expect the developer to make a proportionate contribution to the developing mitigation strategy and that the mitigation measures should be secured via suitably worded planning conditions. Members were advised that the applicant had submitted details of a footpath that could be provided as a public right of way, Natural England were satisfied with this route although have requested the provision of dog bins, in addition there would also be mitigation provided for the off-site impact in accordance with Policy CS14 of the adopted Core Strategy and shall form part of a Section 106 agreement. The Senior Planning Officer reported that the site had been identified as developable and deliverable. The Senior Planning Officer reported that outline application was recommended for approval of both applications with conditions. The creation of a roundabout prior to occupation of any of the dwellings and, for both applications conditions as recommended by Consulted parties and those to ensure a satisfactory form of development and obligations as set out by Norfolk County Council and mitigation measures in line with the aims of the Natura 2000 Sites Monitoring and Mitigation Strategy and current policy. A Member asked if the amount of vehicles entering the development via Rising Way would be conditioned, the Senior Planning Officer advised breaks would be introduced and that Highways had deemed this access acceptable with a 20mph speed limit introduced. A Member questioned why full access could not obtained via the roundabout, and he was advised that this would be subject to a separate consultation with Highways England. James Chapman, Applicant summarised the salient details of the application to the Committee, he advised that he had worked closely with local schools and the Parish Council. Page 10 of 73

11 A Member asked for an assurance that construction traffic would access the development via the field, the applicant confirmed this. Mr Duxbury, Objector summarised his main objections to the Committee, he stated that he felt that there was insignificant spare land to service a further development. A Member raised concern in relation to roundabout access and whether full access could be obtained, Susan Chalis advised that Norfolk County Council state that a development with over 100 or more dwellings should have more than one access route. RESOLVED : That the outline application 06/16/0435/O and 06/16/0811/F be approved with conditions. The creation of a roundabout prior to occupation of any of the dwellings and, for both applications conditions as recommended by Consulted parties and those to ensure a satisfactory form of development and obligations as set out by Norfolk County Council and mitigation measures in line with the aims of the Natura 2000 Sites Monitoring and Mitigation Strategy and current policy. 7 APPLICATION NUMBER 06/16/0723/F - B & Q, PASTEUR RETAIL PARK 7 The Committee considered the Group Manager, Plannings report which detailed a proposal for a sub-division of existing retail unit (Class A1) to create 3 retail units for the sale of bulky comparison goods. The Group Manager Planning reported on the salient areas of the report and advised Members that no objections had been received from the Gorleston Chamber of Commerce, Highways England, Norfolk County Council Highways and Building Control. The Planning Group Manager reported that the Town Centre Partnership had no objections to the application subject to the following conditions being imposed : None of the new units be less than approximately 1,000 square metres A condition be applied preventing the future sub-division of the new units The downsized B & Q unit has a DIY sales only condition applied That conditions are placed on the new units prohibiting sales of certain goods eg. homewares and soft furnishings to ensure that they are deemed for use as bulky goods retail warehouse units only The Planning Group Manager reported that Environmental Health had stated that there was a potential for noise nuisance to local residents due to increased traffic movement, use of fork trucks, reversing alarms therefore conditions should be imposed regarding hours of goods delivery and the type of reversing alarms. It was also suggested that if any air handling plant was to Page 11 of 73

12 be proposed a noise survey would be carried out. Members were advised that one neighbour letter of concern had been submitted with the main concerns around trading hours and access to the rear of the building and deliveries. The Planning Group Manager reported that Williams Gallagher acting on behalf of Market Gates Shopping Centre had stated that there is no objection to the principle of the development but concern was raised regarding the potential of the application, if approved, to facilitate the relocation of existing retailers from Gapton Hall Retail Park. It had been suggested that a condition be imposed which would prevent retailers relocating from Gapton Hall,which would ensure that the proposal did not lead to an adverse impact on the town centre. But is was advised that a condition such as above may not be considered reasonable or practical and could be difficult to enforce. The Planning Group Manager advised that the recommendation was to apporve the application as the proposal complies with Poilices CS7 and CS17 of the Great Yarmouth Local Plan, Core Strategy and the NPPF. Tom Woolner, Agent for B&Q assured Members that steps would be taken to ensure retailers from Great Yarmouth Town Centre were prevented from occupying the available units. RESOLVED : That Application 06/16/0723/F be approved as the proposal complies with Policies CS7 and CS17 of the Great Yarmouth Local Plan: Core Strategy and the NPPF. 8 LIST OF DELEGATED DECISIONS MADE BY DEVELOPMENT CONTROL COMMITTEE AND OFFICERS 1-31 JANUARY RESOLVED : The Committee noted the Planning Applications cleared under Delegated Powers and by the Development Control Committee from 1-31 January OMBUDSMAN AND APPEAL DECISIONS 9 RESOLVED : That the Committee note the relevant appeal decisions. 10 ANY OTHER BUSINESS 10 The Chairman reported that there was no other business as being of sufficient urgency to warrant consideration. Page 12 of 73

13 The meeting ended at: 20:30 Page 13 of 73

14 Schedule of Planning Applications Committee Date: 8 March 2017 Reference: 06/16/0695/O Applicant: Mr D Tozer Parish: Southtown Officer: Mr G Clarke Expiry Date: Proposal: Site: Erection of 14 dwellings, associated works and demolition of all existing site buildings Choice Furnishings 73 Southtown Road Great Yarmouth REPORT 1 Background / History :- 1.1 The application site is on the corner of Southtown Road and Gordon Road it is currently in use as a retail store and showroom and before the current use it was the Anson Arms public house. The building has been extended twice since the retail use commenced (06/11/0729/F & 06/13/0118/F) and also had a new entrance and canopy built (06/10/0343/F). The main part of the building is two storeys in height, the various extensions are all single storey with pitched roofs, there is a car park to the south and east of the building which has existing vehicular accesses from Southtown Road and Gordon Road. 1.2 There are terraced houses to the north of the site along Southtown Road and to the west facing Gordon Road, there is a vehicular access between the site and the first house on Gordon Road which serves a development of four houses which adjoin the north west boundary of the site. On the opposite side of Gordon Road to the south there are dwellings which have windows facing the application site and a site which has recently been approved for 22 flats. 1.3 The proposal is an outline application for the demolition of the existing buildings on the site and the erection of 14 houses. The application includes an indicative layout and elevations but the only detailed part of the proposal that is part of the outline application is the means of access; the appearance, landscaping, layout and scale are all matters to be considered at the detailed stage if permission is granted in principle. Page 14 of 73 Application Reference: 06/16/0695/O Committee Date: 8 March 2017

15 2. Consultations :- 2.1 Highways Part of the Southtown Road frontage of the site is dedicated as public highway and if the development is to proceed this will require the stopping-up of this section of highway. The Highways Officer has no objections to the development subject to standard conditions one of which is that no work shall commence until the stopping-up order has been granted. 2.2 Norfolk Fire & Rescue Service no objections providing the proposal meets the requirements of the current Building Regulations. 2.3 Norfolk Constabulary makes suggestions regarding the security of the development. 2.4 Environment Agency no objection. 2.5 Anglian Water no objection subject to a condition that no drainage works shall commence until a surface water management strategy has been submitted to and approved in writing by the Local Planning Authority. 2.6 Neighbours four comments have been received, the occupier of the adjoining house to the north (no. 72) has no objection, the owners of the four dwellings to the north west are concerned about an increase in traffic in the area, the occupier of the dwelling to the south on the corner of Southtown Road (no. 74) objects on the grounds of overlooking and increased traffic. Copies of the comments are attached. 3 Policy :- 3.1 GREAT YARMOUTH LOCAL PLAN: CORE STRATEGY 3.2 POLICY CS1 Focusing on a sustainable future 3.3 For the Borough of Great Yarmouth to be truly sustainable it has to be environmentally friendly, socially inclusive and economically vibrant not just for those who currently live, work and visit the borough, but for future generations to come. When considering development proposals, the Council will take a positive approach, working positively with applicants and other partners to jointly find solutions so that proposals that improve the economic, social and environmental conditions of the borough can be approved wherever possible. 3.4 To ensure the creation of sustainable communities, the Council will look favourably towards new development and investment that successfully contributes towards the delivery of: a) Sustainable growth, ensuring that new development is of a scale and in a location that complements the character and supports the function of individual settlements Page 15 of 73 Application Reference: 06/16/0695/O Committee Date: 8 March 2017

16 b) Mixed adaptable neighbourhoods, which provide choices and effectively meet the needs and aspirations of the local community c) Environmentally friendly neighbourhoods that are located and designed to help address and where possible mitigate the effects of climate change and minimise the risk of flooding d) A thriving local economy, flourishing local centres, sustainable tourism and an active port e) Safe, accessible places that promote healthy lifestyles and provide easy access for everyone to jobs, shops and community facilities by walking, cycling and public transport f) Distinctive places that embrace innovative, high quality urban design that reflects positive local characteristics and protects the borough s biodiversity, unique landscapes, built character and historic environment 3.5 Planning applications that accord with this policy and other policies within the Local Plan (and with polices in adopted Neighbourhood Plans, where relevant) will be approved without delay, unless other material considerations indicate otherwise. Where there are no policies relevant to the application or relevant policies are out of date at the time of making the decision then the Council will grant permission unless material considerations indicate otherwise, taking into account whether: Any adverse impacts of granting permission would significantly and demonstrably outweigh the benefits, when assessed against the policies in the National Planning Policy Framework taken as a whole Specific policies in that Framework indicate that development should be restricted 3.6 POLICY CS2 Achieving sustainable growth 3.7 Growth within the borough must be delivered in a sustainable manner in accordance with Policy CS1 by balancing the delivery of new homes with new jobs and service provision, creating resilient, self-contained communities and reducing the need to travel. To help achieve sustainable growth the Council will: a) Ensure that new residential development is distributed according to the following settlement hierarchy, with a greater proportion of development in the larger and more sustainable settlements: Approximately 35% of new development will take place in the borough s Main Towns at Gorleston-on-Sea and Great Yarmouth Approximately 30% of new development will take place in the borough s Key Service Centres at Bradwell and Caister-on-Sea Page 16 of 73 Application Reference: 06/16/0695/O Committee Date: 8 March 2017

17 Approximately 30% of new development will take place in the Primary Villages of Belton, Hemsby, Hopton on Sea, Ormesby St Margaret, Martham and Winterton-on-Sea Approximately 5% of new development will take place in the Secondary and Tertiary Villages named in the settlement hierarchy In the countryside, development will be limited to conversions/replacement dwellings/buildings and schemes that help to meet rural needs b) To ensure compliance with Policy CS11, the proportions of development set out in criterion a) may need to be further refined following additional work on the impact of visitor pressures on Natura 2000 sites c) Ensure that new commercial development for employment, retail and tourism uses is distributed in accordance with Policies CS6, CS7, CS8 and CS16 d) Promote the development of two key strategic mixed-use development sites: the Great Yarmouth Waterfront area (Policy CS17) and the Beacon Park extension, south Bradwell (Policy CS18) e) Encourage the reuse of previously developed land and existing buildings 3.8 To ensure that the Council delivers its housing target, the distribution of development may need to be flexibly applied, within the overall context of seeking to ensure that the majority of new housing is developed in the Main Towns and Key Service Centres where appropriate and consistent with other policies in this plan. Any changes to the distribution will be clearly evidenced and monitored through the Annual Monitoring Report. 3.9 Policy CS3 Addressing the Borough s housing need 3.10 To ensure that new residential development in the borough meets the housing needs of local people, the Council and its partners will seek to: a) Make provision for at least 7,140 new homes over the plan period. This will be achieved by: Focusing new development in accessible areas and those with the most capacity to accommodate new homes, in accordance with Policy CS2 Allocating two strategic Key Sites; at the Great Yarmouth Waterfront Area (Policy CS17) for approximately 1,000 additional new homes (a minimum of 350 of which will be delivered within the plan period) and at the Beacon Park Extension, South Bradwell (Policy CS18) for approximately 1,000 additional new homes (all of which will be delivered within the plan period) Allocating sufficient sites through the Development Policies and Site Allocations Local Plan Document and/or Neighbourhood Development Plans, where relevant Page 17 of 73 Application Reference: 06/16/0695/O Committee Date: 8 March 2017

18 Ensuring the efficient use of land/sites including higher densities in appropriate locations Using a plan, monitor and manage approach, which uses a split housing target to ensure that the plan is deliverable over the plan period (as shown in the Housing Trajectory: Appendix 3), to ensure the continuous maintenance of a five-year rolling supply of deliverable housing sites b) Encourage the effective use of the existing housing stock in line with the Council s Empty Homes Strategy c) Encourage the development of self-build housing schemes and support the reuse and conversion of redundant buildings into housing where appropriate and in accordance with other policies in the Local Plan d) Ensure that new housing addresses local housing need by incorporating a range of different tenures, sizes and types of homes to create mixed and balanced communities. The precise requirements for tenure, size and type of housing units will be negotiated on a site-by-site basis, having regard to the Strategic Housing Market Assessment, Policy CS4 and the viability of individual sites e) Support the provision of housing for vulnerable people and specialist housing provision, including nursing homes, residential and extra care facilities in appropriate locations and where there is an identified need f) Encourage all dwellings, including small dwellings, to be designed with accessibility in mind, providing flexible accommodation that is accessible to all and capable of adaptation to accommodate lifestyle changes, including the needs of the older generation and people with disabilities g) Promote design-led housing developments with layouts and densities that appropriately reflect the characteristics of the site and surrounding areas and make efficient use of land, in accordance with Policy CS9 and Policy CS GREAT YARMOUTH BOROUGH-WIDE LOCAL PLAN SAVED POLICY 3.12 POLICY HOU NEW RESIDENTIAL DEVELOPMENT MAY BE PERMITTED WITHIN THE SETTLEMENT BOUNDARIES IDENTIFIED ON THE PROPOSALS MAP IN THE PARISHES OF BRADWELL, CAISTER, HEMSBY, ORMESBY ST MARGARET, AND MARTHAM AS WELL AS IN THE URBAN AREAS OF GREAT YARMOUTH AND GORLESTON. NEW SMALLER SCALE RESIDENTIAL DEVELOPMENTS* MAY ALSO BE PERMITTED WITHIN THE SETTLEMENT BOUNDARIES IDENTIFIED ON THE PROPOSALS MAP IN THE VILLAGES OF BELTON, FILBY, FLEGGBURGH, HOPTON-ON-SEA, AND WINTERTON. IN ALL CASES THE FOLLOWING CRITERIA SHOULD BE MET: Page 18 of 73 Application Reference: 06/16/0695/O Committee Date: 8 March 2017

19 (A) THE PROPOSAL WOULD NOT BE SIGNIFICANTLY DETRIMENTAL TO THE FORM, CHARACTER AND SETTING OF THE SETTLEMENT; (B) ALL PUBLIC UTILITIES ARE AVAILABLE INCLUDING FOUL OR SURFACE WATER DISPOSAL AND THERE ARE NO EXISTING CAPACITY CONSTRAINTS WHICH COULD PRECLUDE DEVELOPMENT OR IN THE CASE OF SURFACE WATER DRAINAGE, DISPOSAL CAN BE ACCEPTABLY ACHIEVED TO A WATERCOURSE OR BY MEANS OF SOAKAWAYS; (C) SUITABLE ACCESS ARRANGEMENTS CAN BE MADE; (D) AN ADEQUATE RANGE OF PUBLIC TRANSPORT, COMMUNITY, EDUCATION, OPEN SPACE/PLAY SPACE AND SOCIAL FACILITIES ARE AVAILABLE IN THE SETTLEMENT, OR WHERE SUCH FACILITIES ARE LACKING OR INADEQUATE, BUT ARE NECESSARILY REQUIRED TO BE PROVIDED OR IMPROVED AS A DIRECT CONSEQUENCE OF THE DEVELOPMENT, PROVISION OR IMPROVEMENT WILL BE AT A LEVEL DIRECTLY RELATED TO THE PROPOSAL AT THE DEVELOPER S EXPENSE; AND, (E) THE PROPOSAL WOULD NOT BE SIGNIFICANTLY DETRIMENTAL TO THE RESIDENTIAL AMENITIES OF ADJOINING OCCUPIERS OR USERS OF LAND (Objective: To ensure an adequate supply of appropriately located housing land whilst safeguarding the character and form of settlements.) * ie. developments generally comprising not more than 10 dwellings. 4 Assessment :- 4.1 The proposed layout as shown on the submitted drawings is for a terrace of six houses facing Southtown Road, two pairs of semi-detached houses facing Gordon Road and a further two pairs of semi-detached houses on the land to the rear. The site is within Flood Zone 3 so the houses are shown as having parking and utility rooms on the ground floor with living accommodation on the floors above. The houses will have four floors with the top floor providing a bedroom in the roof space. 4.2 The dwellings as shown will be higher than the dwellings adjoining the site but the houses on Southtown Road all vary in height and design and there is no uniform appearance along this frontage. This is a stand-alone corner site so the proposal will not look out of place in the street scene. 4.3 The occupier of the dwelling on the opposite side of Gordon Road to the south (74 Southtown Road) has objected on the grounds of overlooking and increased traffic. As shown on the drawings the development will have the end gable of the terrace of houses opposite no. 74 and one of the pairs of semi- Page 19 of 73 Application Reference: 06/16/0695/O Committee Date: 8 March 2017

20 detached houses. The end gable does not have any windows but there will be some overlooking from the semi-detached houses. 4.4 The layout and appearance of the development are not included in the outline application so these drawings are an indication of how the site could be developed, the final design and appearance will be the subject of a detailed application if the outline is approved. If the site is developed there will be some overlooking of no. 74 but this could be looked at with the detailed design with the intention of reducing overlooking as much as possible. 4.5 The other two comments that have been received also refer to the increase in traffic in the area from this proposal and the development of 22 flats at 132 Gordon Road. 4.6 The site will have a vehicular access from Southtown Road which will serve the six terraced houses and a visitor parking area to the front; there will be another access from Gordon Road to serve the remaining dwellings. The access arrangements are part of the application and the Highways Officer has no objection to the application on the grounds of access and parking. There will be an increase in traffic movements in the area as a result of the two developments but the Highways Officer has no objection so it would be difficult to justify refusal on highway grounds. 4.7 The Southtown Road frontage of the site was dedicated as public highway in 1958 which was probably part of the proposed widening of Southtown Road which never happened. As this part of the site is part of the highway it will have to be stopped-up before the development can proceed, the applicant has been made aware of this and it will also be a condition of consent if planning permission is granted. 4.8 The application is in outline form and it is considered that as the site is within a residential area there is no objection to the principle of development of the site. Development will not be able to take place until full details of the appearance, landscaping, layout and scale are submitted and agreed and the concerns of the neighbour regarding overlooking can be considered at that stage as well as the overall design and appearance of the proposed houses. 4.9 The site is within the Affordable Housing Sub-market Area 3 as shown on the Local Plan Policies Map where the threshold for providing affordable housing is 15 dwellings or more. This proposal is below the threshold so will not have to provide affordable housing or financial contributions but as it is for more than ten dwellings and no open space/play space is provided on site approval will be subject to a Section 106 Agreement to provide contributions to such facilities in the area. 5 RECOMMENDATION :- 5.1 Approve the proposal complies with Policies CS1, CS2 and CS3 of the Great Yarmouth Local Plan: Core Strategy and saved Policy HOU7 of the Great Yarmouth Local Plan. Page 20 of 73 Application Reference: 06/16/0695/O Committee Date: 8 March 2017

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26 Schedule of Planning Applications Committee Date: 8 th March 2017 Reference: 06/16/0790/F Applicant: Mrs E Wilgress Parish: Fleggburgh Officer: Miss Gemma Manthorpe Expiry Date: 28 th February 2017 Proposal: Site: Construction of 5 detached residential dwelling houses. Church View (land south of). 1. REPORT 1.1 The application is for the erection of 5 detached dwelling houses on a site currently used as a paddock according to the information provided by the applicant. The site is 0.67 hectares in area. 1.2 There have been 6 applications submitted that are related to the land as outlined below: 06/87/0909/SU Supply for 4 bungalows involving diversion and construction of 11,000 volt overhead line No objections from GYBC /92/0283/O Residential Development Refused /93/0166/F Four detached houses and garages with access as shown and replacement access to land at rear Approved /96/0719/F Proposed 2 no. residential dwellings with garages Approved /14/0699/O Construction of 5 residential dwelling houses Withdrawn /15/-627/O Construction of 5 detached residential dwelling houses Withdrawn Consultations :- 2.1 Parish Council- The Parish Council responded with no objections to the application. 2.2 Neighbours 2 objection to the application have been received and one letter in support, all attached to this report and summarised below: Objections: Change of use from agricultural to residential will alter the character of the village. The proposed development will damage the views of the thatched church. Concern over the safety of the exit from Church view. Page 26 of 73 Application Reference: 06/16/0790/F Committee Date: 8 th March 2017

27 Highways previously recommended refusal on highway safety grounds. Additional traffic will utilise existing private drive and the cost will be borne to the existing residents. Private drive not suitable for heavy vehicles. The private road is not adequate to serve eight properties. Loss of view and light to garden and conservatory. Additional houses will cause flooding. Support: It will enhance this part of Fleggburgh. The view of the church will not be restricted. 2.3 Norfolk County Council as Highway Authority No objections to the application subject to conditions which have been requested. The Highways department raised concerns regarding previous applications for this development regarding access visibility and following further discussions with the agent and applicant, a section 106 agreement has been entered into with all relevant parties to secure visibility requirements across third party land. The agreement has been sealed and therefore the Highways Authority s concerns relating to visibility have been addressed. 2.4 Norfolk County Council as Fire Service No objection providing the proposal meets the necessary requirements of the current Building Regulations 2000 Approved Document B(volume edition, amended 2007) as administered by the Building Control Authority. 2.5 Building control No comment. 2.6 Norfolk County Council Pubic Right of Way Officer The plan indicates a footpath which should have been dedicated as part of a previous application, this can be achieved with the current application. No objections to the application per se but question the value of the proposed public footpath. It would need to show benefit to the wider public by linking to public highways and, if it were linked to public highways at either end the status of the route would need to be considered i.e. adopted footway rather than public footpath. 2.7 Norfolk County Lead Local Flood Authority Consultation response received for the original application, no further response following reduction of site. The site is below the threshold for providing detailed comment. 2.8 Strategic Planning - Fleggburgh is identified in the Core Strategy (Policy CS2) as a Secondary Village that in combination with other Secondary Villages and Tertiary Villages will contribute to approximately 5% of the Borough s housing growth. Weight should also be given to the NPPF requirement to significantly boost housing supply (paragraph 47), with local Page 27 of 73 Application Reference: 06/16/0790/F Committee Date: 8 th March 2017

28 emphasis also on the Core Strategy s settlement hierarchy to direct the locations suitable for growth. The site is adjacent to the Village Development Limit of Fleggburgh. The site appears to be well connected to the existing built up part of the settlement and is reasonably well located to access local services and facilities. I therefore recommend approval of the application unless there are site specific reasons for not doing so. 2.9 Historic Environment Service - Based on currently available information the proposed development will not have any significant impact on the historic environment and we do not wish to make any recommendations for archaeological work. 3. National Planning Policy Framework 3.1 The presumption in favour of sustainable development is set out under paragraph Paragraph 49: Housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for the supply of housing should not be considered up-to-date if the local planning authority cannot demonstrate a five-year supply of deliverable housing sites. 3.3 Paragraph 50 states that to deliver a wide choice of high quality homes, widen opportunities for home ownership and create sustainable, inclusive and mixed communities, local planning authorities should: Plan for a mix of housing based on current and future demographic trends, market trends and the needs of different groups in the community (such as, but not limited to, families with children, older people, people with disabilities, service families and people wishing to build their own homes); identify the size, type, tenure and range of housing that is required in particular locations, reflecting local demand; and where they have identified that affordable housing is needed, set policies for meeting this need on site, unless off-site provision or a financial contribution of broadly equivalent value can be robustly justified (for example to improve or make more effective use of the existing housing stock) and the agreed approach contributes to the objective of creating mixed and balanced communities. 3.4 Paragraph 42: The supply of new homes can sometimes be best achieved through planning for larger scale development, such as new settlements or extension to existing villages and towns that follow the principles of Garden Cities. Working with the support of their communities, local planning Page 28 of 73 Application Reference: 06/16/0790/F Committee Date: 8 th March 2017

29 authorities should consider whether such opportunities provide the best way of achieving sustainable development. 3.5 Paragraph 17. Within the overarching roles that the planning system ought to play, a set of core land-use planning principles should underpin both planmaking and decision-taking. These 12 principles are that planning should: always seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildings; (extract only) 3.6 Paragraph 56. The Government attaches great importance to the design of the built environment. Good design is a key aspect of sustainable development, is indivisible from good planning, and should contribute positively to making places better for people. 3.7 Paragraph 112. Local planning authorities should take into account the economic and other benefits of the best and most versatile agricultural land. Where significant development of agricultural land is demonstrated to be necessary, local planning authorities should seek to use areas of poorer quality land in preference to that of a higher quality. 3.8 Paragraph 66. Applicants will be expected to work closely with those directly affected by their proposals to evolve designs that take account of the views of the community. Proposals that can demonstrate this in developing the design of the new development should be looked on more favourably. 3.9 Paragraph 75. Planning policies should protect and enhance public rights of way and access. Local authorities should seek opportunities to provide better facilities for users, for example by adding links to existing rights of way networks including National Trails. 4. Saved Great Yarmouth Borough-Wide Local Plan Policies (2001) 4.1 Local Policy - Saved Great Yarmouth Borough-Wide Local Plan Policies (2001): 4.2 Paragraph 215 of the NPPF states that due weight should be given to relevant policies in existing plans according to their degree of consistency with the NPPF. The closer the Local Plan is to the policies in the NPPF the greater the weight that is given to the Local Plan policy. The Great Yarmouth Borough Wide Local Plan was adopted in 2001 and the most relevant policies were saved in An assessment of policies was made during the adoption of the Core Strategy December 2015 and these policies remain saved following the assessment and adoption. 4.3 The Saved Policies listed have all been assessed as being in general conformity with the NPPF, and add further information to the policies in the Page 29 of 73 Application Reference: 06/16/0790/F Committee Date: 8 th March 2017

30 NPPF, while not contradicting it. These policies hold the greatest weight in the determining of planning applications. 4.4 HOU10: Permission for new dwellings in the countryside will only be given in connection with agriculture, forestry, organised recreation, or the expansion of settlements. 4.5 HOU16: A high standard of layout and design will be required for all housing proposals. 5. Core Strategy: 5.1 Policy CS1: This policy promotes sustainable communities and development which would complement the character of an area. 5.2 Policy CS2: This policy identifies the broad areas for growth by setting out the proposed settlement hierarchy for the borough. CS2 seeks to ensure that new residential development is distributed according to the following settlement hierarchy, with a greater proportion of development in the larger and more sustainable settlements: Approximately 5% of new development will take place in the Secondary and Tertiary Villages named in the settlement hierarchy. 5.3 To ensure that new residential development in the borough meets the housing needs of local people, the Council and its partners will seek to: a) Make provision for at least 7,140 new homes over the plan period. This will be achieved by (inter alia a-g.) 5.4 Policy CS9: This policy seeks to encourage well designed and distinctive places, particularly conserving and enhancing biodiversity, landscape quality and the impact on and opportunities for green infrastructure. 6. Interim Housing Land Supply Policy 6.1 The Interim Housing Land Supply Policy falls outside of the statutory procedures for Local Plan adoption it will not form part of Great Yarmouth Borough Council s Development Plan. The Interim Housing Land Supply Policy will however be used as a material consideration in the determination of planning applications. 6.2 The Interim Housing Land Supply Policy seeks to facilitate residential development outside but adjacent to development limits by setting out criterion to assess the suitability of exception sites. The criterion is based upon policies with the NPPF and the adopted Core Strategy. Page 30 of 73 Application Reference: 06/16/0790/F Committee Date: 8 th March 2017

31 6.3 It should be noted that the Interim Policy will only be used as a material consideration when the Council s Five Year Housing Land Supply utilises sites identified in the Strategic Housing Land Availability Assessment (SHLAA). 6.4 New Housing development may be deemed acceptable outside, but adjacent to existing Urban Areas of Village Development Limits providing the following criteria, where relevant to development, have been satisfactorily addressed: inter alia points a to n. 7. Appraisal 7.1 The site is located towards the centre of Fleggburgh but not strictly within the settlement limits. The site is a level, grassed field. A public footpath runs from Town Road in the west along the southern boundary of the site. To the west of the site are allotments. These are lower than the site itself by approximately 1 metre. There is residential development to the north and east of the site and an area of open grassed land to the south. This links through to the graveyard of St Margaret s Church (listed building) which is off Main Road. 7.2 The site is located to the east of Fleggburgh, between Rollesby Road and Tower Road. The site is level and set higher than roads which run along its southern and western boundaries, where it is edged by field banking. The site is currently used for arable farming and is bounded on its limits by intermittent trees and hedgerows, whilst the character of the site is limited to open farmland/grazing to the east and residential development to the west. The site is high grade agricultural land (Grade 1). 7.3 As part of the consideration of the site during the SHLAA process the site was not considered available for development as the intentions to develop the site could not be ascertained following the SHLAA consultation exercise between June and July It is noted that these assessments were carried out over two and a half years ago and that the Strategic Planning response is a more up to date view. 7.4 In terms of environmental suitability, Anglian Water had, during the SHLAA assessment, indicated that infrastructure upgrades for sewerage treatment would be required to accommodate new development, and cumulative impact of sites may require larger wet well capacity at Pumping Station and flow attenuation upstream. There is no capacity for surface water sewers therefore alternative drainage solutions such as SuDS may need to be explored where appropriate. Anglian Water have not commented or objected on the current application. 7.5 The site is severely constrained by the existing highway network within Fleggburgh that is inadequate to support additional large scale development without significant investment to upgrade the highway network. In addition there is no obvious way to achieve on-site access to the site. The site is also considered constrained in terms of having poor access to village facilities and Page 31 of 73 Application Reference: 06/16/0790/F Committee Date: 8 th March 2017

32 services. However, there are further local amenities available in Filby which is relatively contiguous to Fleggburgh, therefore limited development in either settlement could be achievable on this account. 7.6 Whilst the existing highway network and availability of village services and facilities are poor, these are not insurmountable constraints to development. However, there is no obvious means to access the site which is a fundamental constraint for making the site suitable for development. In addition the availability of the site has not been ascertained. The site was not currently developable during the 2014 assessment as part of the Strategic Housing Land Availability Assessment although the Strategic Planning comments received as part of the consultation for this application are positive and recommend approval. 8. Assessment 8.1 The site comprises 0.67 ha of grade 1 agricultural land; there have been two previous applications on the site in recent years which were withdrawn following archaeological works being required and the need to overcome the original highways objections. Both parties as consulted on the current application have no objections. 8.2 The Strategic Housing Land Availability Assessment, summarised at paragraphs 7.1 to 7.6 found, in 2014, that the land was not deliverable or developable. The comments received from Strategic Planning at paragraph 2.8 of this report recommend approval of the application. The major constraint identified was the lack of access to the site. The access shown is from the existing Church View development to Rollesby Road. Church View is a privately maintained road and objections have been made regarding the use of this road by construction traffic and additional vehicles. The safety of using this access has also been objected to however Highways are satisfied that the access is suitable, following the 106 agreement, for the development as proposed. 8.3 The second major constraint identified was the lack of knowledge of an owner of the land; in the absence of an owner or developer being interested in bringing a site forward, sites are not deemed developable as there is no evidence that the site will be brought forward for development. The existence of an application demonstrates that the site is capable of being developed and that the owner is interested in having this happen this overcomes the objection identified within the SHLAA. 8.4 Rights of way over a private road is a civil matter and the access is outlined to indicate that the access is owned by the applicant. Following direct discussions between the applicant and the PROW Officer the application has been amended to provide an improved road surface standard and footway. These improvements will increase the permeability through the village by provision of a public footway to adoptable standard but should also alleviate Page 32 of 73 Application Reference: 06/16/0790/F Committee Date: 8 th March 2017

33 concerns of residents of Church View regarding the condition of the access following the development. 8.5 There has been an objection to the application on the grounds of loss of view from an existing property to the church by the placement and orientation of plot 2. Views are not protected and not a reason to justify a recommendation of refusal of an application. The objector notes that if the orientation of the dwelling were altered the view wouldn t be lost and there would be less adverse effect on the amenities of the occupiers of the dwelling. Following the consultation response and discussions with the agent plot 2 has been repositioned with the garage (single storey) to the northern boundary of the site and the proposed dwelling further to the southern boundary of the plot. This puts the dwelling house 14 metres from the northern boundary, the closest boundary to no.3 Church View and 21 ½ metres from the dwelling know as no. 3 Church View. 8.6 There is a window shown at the gable end of the dwelling proposed as plot 2, the window is annotated on the plan as obscure glazed and this can be conditioned to prevent overlooking. There will be an increase in overlooking from the proposed development however this has been significantly reduced by the relocation of the dwelling and is not so significant as to recommend refusal. This is especially true given the existing character of the area in that there are no isolated plots and there is existing development and a degree of overlooking from around the site. The suggestion to re-orientate the dwelling proposed has been considered however any reorientation would increase the overlooking to the properties to the east of the application site. The movement of the proposed dwelling reduces the impact on Springfield, the property most affected by overlooking. The movement of the property to the south reduces the impact of the dwelling and overlooking to the rear garden. 8.7 The objectors state that there are issues within the vicinity of site regarding surface water. The application states that surface water will be dealt with by soakaway, this can be conditioned should the application be approved. 8.8 It is noted within one of the objections that the application will result in the loss of high grade agricultural land. This is accepted and the National Planning Policy Framework notes that land that is not the highest grade agricultural should be looked at first. However the site is located adjacent to existing development and, according to the information submitted as part of the application, paddocks. Given the specific location of the land it is deemed acceptable taking into account the grade of agricultural land. 8.9 The proposed development lies outside of the village development limits however the Interim Housing Land Supply Policy (IHLSP) has been drafted and adopted in order that developments, specifically those for housing outside of the village development limits can be assessed with a view to meeting housing targets prior to the adoption of the site specific allocations. The IHLSP is a material consideration and as such shall be afforded appropriate weight as a means of assessing development for housing outside of village development limits. The IHLSP is only to be utilised when the Council s five Page 33 of 73 Application Reference: 06/16/0790/F Committee Date: 8 th March 2017

34 year housing land supply policy includes deliverable sites identified through the Strategic Housing Land Availability Assessment. The site has been assessed as part of the Strategic Housing Land Availability Assessment as site FL11and therefore the IHLSP is applicable, the objections found during the SHLAA assessment have been overcome and therefore this report finds the site deliverable and developable. 9. Recommendation 9.1 Approve the application with requested conditions by consulted parties and appropriate conditions to ensure an adequate form of development. Page 34 of 73 Application Reference: 06/16/0790/F Committee Date: 8 th March 2017

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55 Schedule of Planning Applications Committee Date: 8 th March 2017 Reference: 06/16/786/CU Applicant: Park Resorts Ltd Parish: Burgh Castle Officer: Miss Gemma Manthorpe Expiry Date: 17 th March 2017 Proposal: Site: Change of use of land to operate holiday park (Yare and Bure Villages) for year round holiday caravan use. Breydon Water Holiday Park, Butt Lane, Burgh Castle. 1. REPORT 1.1 The application is for the change of use of 16.5 hectares of land to operate holiday parks known as Yare and Bure Village, now known as Breydon Water Holiday Park, for year round holiday caravan use. 1.2 There have been a number of applications submitted on the site, the most relevant being the application approved in 2012 for the variation of conditions on planning permissions at Breydon Water Holiday Park to allow holiday use for 11 months per year. 2. Consultations :- 2.1 Parish Council- The Parish Council object to the application and recommend that the use of the land remains at 11 months. 2.2 Neighbours One objection has been received stating that part of the land is not within the applicants ownership, in the objectors, and that a better use of the land would be as a single residential dwelling. Officer comment: It is noted that the Land registry identifies the land at Mill Lane under the same title number as the holiday park, there are no separate titles seen and certificate A has been completed therefore the applicant has stated that they own the land. 2.3 Norfolk County Council as Highway Authority No objections to the application; there is no intention to increase the number of units already permitted to operate as full time residential caravans. The permission exists for the operation as holiday use for 11 months of the year and in this respect it is not considered that an additional month of holiday use is likely to result in severe residual cumulative impact in highways terms. Page 55 of 73 Application Reference: 06/16/0786/CU Committee Date: 8 th March 2017

56 2.4 Strategic Planning The Strategic Planning team does not object, conditionally, to this proposal to change the use from the current 11 months holiday caravan use to 12 months. The area is designated as Primary Holiday Accommodation (Policy CS8), therefore the Council should seek to ensure that a suitable condition / restriction is put in place to prevent the use of the site for permanent residential caravan use. 2.5 Environmental Health Object for the following reasons: If year round use is granted for this site, this will result in the caravans being occupied on a residential permanent basis rather than as a holiday site. The caravan site licence conditions applicable to this site are for holiday use only. The accommodation on this site is unlikely to be suitable for residential use. Allowing a holiday site to become more residential in nature will be detrimental to tourism and the business economy as it will inevitably lead to a decrease in visitors contributing to the local economy. 3. National Planning Policy Framework 3.1 Paragraph 14: At the heart of the National Planning Policy Framework is a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan-making and decision-taking. 3.2 Paragraph 18: The Government is committed to securing economic growth in order to create jobs and prosperity, building on the country s inherent strengths, and to meeting the twin challenges of global competition and of a low carbon future. 3.3 Paragraph 28: Planning policies should support economic growth in rural areas in order to create jobs and prosperity by taking a positive approach to sustainable new development. To promote a strong rural economy, local and neighbourhood plans should: support the sustainable growth and expansion of all types of business and enterprise in rural areas, both through conversion of existing buildings and well designed new buildings; promote the development and diversification of agricultural and other land-based rural businesses; support sustainable rural tourism and leisure developments that benefit businesses in rural areas, communities and visitors, and which respect the character of the countryside. This should include supporting the provision and expansion of tourist and visitor facilities in appropriate locations where Page 56 of 73 Application Reference: 06/16/0786/CU Committee Date: 8 th March 2017

57 identified needs are not met by existing facilities in rural service centres; and promote the retention and development of local services and community facilities in villages, such as local shops, meeting places, sports venues, cultural buildings, public houses and places of worship. 4. Saved Great Yarmouth Borough-Wide Local Plan Policies (2001) 4.1 Local Policy - Saved Great Yarmouth Borough-Wide Local Plan Policies (2001): 4.2 Paragraph 215 of the NPPF states that due weight should be given to relevant policies in existing plans according to their degree of consistency with the NPPF. The closer the Local Plan is to the policies in the NPPF the greater the weight that is given to the Local Plan policy. The Great Yarmouth Borough Wide Local Plan was adopted in 2001 and the most relevant policies were saved in An assessment of policies was made during the adoption of the Core Strategy December 2015 and these policies remain saved following the assessment and adoption. 4.3 The Saved Policies listed have all been assessed as being in general conformity with the NPPF, and add further information to the policies in the NPPF, while not contradicting it. These policies hold the greatest weight in the determining of planning applications. 4.4 Policy TR16: Any planning permission given for new holiday accommodation will be subject to conditions preventing the accommodation being used for permanent residential purposes. 5. Core Strategy: 5.1 Policy CS8: As one of the top coastal tourist destinations in the UK, the successfulness of tourism in the Borough of Great Yarmouth benefits not only the local economy but also the wider sub-regional economy as well. To ensure the tourism sector remains strong, the Council and its partners will: (inter alia points a p) a) Encourage and support the upgrading, expansion and enhancement of existing visitor accommodation and attractions to meet changes in consumer demands and encourage year-round tourism b) Safeguard the existing stock of visitor holiday accommodation, especially those within designated holiday accommodation areas, unless it can be demonstrated that the current use is not viable or that the loss of some bed spaces will improve the standard of the existing accommodation Page 57 of 73 Application Reference: 06/16/0786/CU Committee Date: 8 th March 2017

58 6. Assessment 6.1 The application covers two sites located on the east and west of Butt Lane Burgh Castle, both sites are under the same name and, as per the submitted details, the same ownership. The application is for a change of use as opposed to a variation of condition which, if approved, would require conditions requiring the submission of details of the retention of the existing offerings on site and confirmation of layout including design and type of accommodation offered. Although it can be assumed that these provisions are to remain as the application is a change of use and not a variation of condition they will need to be requested and submitted prior to the commencement of the use that is proposed. It is noted that there is a section of site within the applicants ownership outlined in blue on the submitted plan that is residential accommodation and this application does not seek to alter this element of the site. 6.2 The applicant proposes to use the application site for 12 months of the year as holiday accommodation for caravan use. The current use of the site is holiday accommodation for caravan use for 11 months of the year; the site is located within an area designated as prime holiday accommodation. The current condition states that the site is not operational between the 7 th January and the 7 th February and the condition reads as follows: caravans and the site facilities shall only be used during the period from 7 th February in any year to the 7 th January in the following year. The application would remove this period of time that the accommodation and site facilities are not available and thus removing the closed period. 6.3 The applicant has submitted a number of documents in support of the application including an appeal decision, albeit a 2009 appeal decision, supporting the removal of restricted occupancy in support if year round holiday use. It is accepted that the common theme of holiday occupancy preferred by planning inspectors is for 12 month occupancy as holiday use only and this can be evidenced by the Kingfisher Holiday Park appeal decision which is located within the immediate vicinity of the application site. 6.4 The Parish Council and Environmental Health have objected to the 12 month occupancy. The Environmental Health Officers objection is that the use of the land for 12 month holiday use will cause the site to become more residential in nature which will lead to a decrease in visitors contributing to the local economy. Page 58 of 73 Application Reference: 06/16/0786/CU Committee Date: 8 th March 2017

59 6.5 Granting permission for the site to be occupied for 12 months of the year as holiday use would not grant a residential permission on the site. Conditions are commonly used to prevent permanent occupation of sites which are allowed 12 month occupancy, one of which is suggested by the applicant and is taken from the Department for Communities and Local Government Good Practice Guide on Planning for Tourism published in 2006 which reads as follows: (i) the caravans (or cabins/chalets) are occupied for holiday purposes only; (ii) the caravans (or cabins/chalets) shall not be occupied as a person s sole, or main place of residence; (iii) the owners/operators shall maintain an up-to-date register of the names of all owners/occupiers of individual caravans/log cabins/chalets on the site, and of their main home addresses, and shall make this information available at all reasonable times to the local planning authority. The reason for these conditions is to ensure that approved holiday accommodation is not used for unauthorised permanent residential occupation. The register required in (iii) above shall normally be collected by the caravan site licence holder or his/her nominated person. 6.6 In addition to the above condition a further condition can be placed upon the application site restricting the amount of nights that are spent at the holiday park in any one year. This would reaffirm the definition main which would not allow more than six out of 12 months to be spent in holiday accommodation by a singular person or family. This condition would not prohibit the occupation by numerous persons or families throughout the 12 month period thus not having an adverse effect on the tourism offering. 7. Recommendation 7.1 Approve the application with appropriate conditions to ensure an adequate form of development, the retention of existing associated infrastructure and amenities on site and restrictions on the use as holiday use only by example condition above and additional condition regarding length of occupation per 12 month period. Page 59 of 73 Application Reference: 06/16/0786/CU Committee Date: 8 th March 2017

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