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The Committee received and considered the report from the Planning Manager.
Councillors Bird, P Hammond, Wainwright & Williamson declared a personal interest in this application as they were Members of the Great Yarmouth Town Centre Masterplan Member Working Group. Following advice from the Monitoring officer, the Members did not take part in the discussion or determination of this application and elected to leave the meeting.
The Planning Manager reported that the application was an outline planning permission seeking to establish the principle of development on the site for the development of 89 dwellings along The Conge, Great Yarmouth, with some matters reserved. To be considered as part of the current application at this outline stage was means of access and scale of development. The appearance, landscaping and layout were reserved and not to be considered as part of this application and would be addressed at the detailed stage, should the application be approved. Also included at this stage was the demolition of the existing buildings on the site. The site was 1.36 hectares ( 3.26 acres) and was brownfield land in the built up urban area of Great Yarmouth.
The Planning Manager reported that the submitted plans illustrated how a total of 89 dwellings incorporating 1, 2 and 3 bed dwellings could be accommodated on the site. The Design and Access statement submitted with the application stated whilst the detailed proposals would form part of a detailed application, in order to understand and develop the scale of the proposed development, a number of criteria had been implemented into the concept design. The surrounding built environment consists of 2, 3, and 4-storey structures. As such, the proposed development had been informed by this and included 2, 3, and 4-storey houses and 4-storey blocks of flats, over a range of 9 blocks with eaves heights ranging from 6.5m for the houses and 10.5m for the highest 4-storey flats.
The Planning Manager reported that all consultation responses which had been received were available online or at the Town Hall to view during opening hours and there had been no objections to the proposal from local residents. A note of support had been received from County Councillor Castle (Yarmouth North and Central Division) which stated that "as the local County Councillor I am very pleased to support what is proposed. The redevelopment of The Conge has long been earmarked in strategic planning documents and it is vital to the wider regeneration of the North Quay and the improvement of the corridor between the Town’s Rail station and the Market Place. More housing in the Town Centre is also very important and residents will benefit from being close to schools, amenities, shops and public transport. The introduction of Residents Permit Parking would be advantageous given the intensification of housing in the area between the Market Place and the Quay."
The Planning Manager reminded the Committee that this Framework and Masterplan set out the Council’s ambition for the regeneration of the Town Centre over the coming decade. The study area for this work encompassed the extended Town Centre area, east-west between the seafront and the Yare riverfront, and north-south corresponding to the length of the historic town walls. Our vision for the town centre was that, by 2025, new investment and employment in the Town Centre was generating renewed pride in Great Yarmouth and building confidence for the future.
The Planing Manager reported the following six objectives would enable the Council to work with partners to bring that vision to life:
a. Strengthening the heart of the Town Centre
b. Improving the Markets and Market Place
c. Transforming The Conge
d. Creating a sense of arrival at the Town Centre
e. Unlocking the potential of Hall Quay
f. Linking it all together
The Planning Manager reported that the objective at (c) stated the ambition of by 2025, was that The Conge was being transformed, with new mixed-use development lining both sides of the lower half of the street, and the next phase ready for delivery connecting it to the renewed Market Place.
The Planning Manager reported that the Corporate Plan 2020-25:Strategic Priorities for the Borough stated that "To transform The Conge as the key linkage between the railway station and Town Centre by delivering a mix of new residential and employment opportunities as well as improving the physical environment."
The Planning Manager reported that the site was within the development limits of Great Yarmouth, as defined by the existing Borough-wide Local Plan. Core Policy CS2 identified Great Yarmouth as being one of the Borough’s ‘Main Towns’, and accordingly directs a greater proportion of the plan’s future housing requirement to it, owing to it’s size, scale and range of existing services and facilities.
The Planning Manager reported that the site was adjacent to, and within close walking distance of Great Yarmouth’s Town Centre and railway station, in a highly sustainable location with access to a range of services and facility, in particularly via sustainable modes of transport. Within the ‘Main Town’, the site was situated in the defined ‘Great Yarmouth Waterfront area’, a strategic allocation which was critical to delivering both social and economic objectives of the Local Plan. Through Core Policies CS2, CS3 and CS17, the Local Plan sought to maximise the efficient use of this area, providing at least 300 dwellings in the Great Yarmouth Waterfront area by the end of 2030.
The Planning Manager reported that the site was partly within Flood Risk Zones 2 & 3 and would be subject to passing the requirements of both sequential and exception tests, as required by Core Policy CS13. It was agreed with the Flood Risk Assessment (FRA) that the proposal met the requirements of the sequential text given the paucity of sequentially preferable sites within the Great Yarmouth area and the inability to currently demonstrate a 5 year housing land supply against the Core Strategy 2015 figure. Subject to the identified mitigation measures identified in the FRA, and endorsement from the Environment Agency, it was agreed that the development would meet the requirements of the exception test.
The Planning Manager reported that the principle of residential development in this location i.e. providing up to 89 residential units in an area of flood risk was supported as the proposal helped deliver on the strategic housing delivery aims of the Local Plan, providing residential development in a demonstrable sustainable and safe location and maximising brownfield land. These deliverables would be consistent with Core Policies CS2, CS3, CS13 and CS17. Core Policy CS4 and CS17(d) set out the need to maximise affordable housing provision on site. The current application does not indicate the amount or location of affordable housing. This would need to be adequately demonstrated through the reserved matters application. A minimum of 9 affordable units would normally be expected and well-integrated within the development in terms of layout and design. Core Policy CS9 set out the Council’s strategic policy approach to achieving good design. However, Core Policy CS17 also provided additional detailed policies to guide the layout, including scale, massing and form of future development proposals alongside Gorleston-on-Sea, as the other ‘Main Town’ Great Yarmouth Waterfront area and would be the key policy determinant against this element of the current application.
The Planning Manager reported that the proposal comprises a design layout of predominantly 2, 3 & 4 storey flats and townhouses arranged in a perimeter block design which internalised parking courts and bin collection/storage points within the development blocks. The general perimeter block layout is supported and helps to provide a positive relationship between public and private space, providing surveillance and visual interest along the principal movement corridors of The Conge, North Quay and Georges Street. The internalisation of the parking courts within the perimeter blocks allowed for surveillance from residential properties and (in contrast to front curtilage parking) reduced the potential for an excessive car-dominated environment along the principal movement corridors. This helped to reinforce a safe, convenient and attractive pedestrian/cycling link between Great Yarmouth rail station and the Market Place, and allowed for greater flexibility to improve the street scene from enhanced public realm.
The Planning Manager reported that since submission, the application had been amended to address the comments and concerns of Norfolk County, the highway authority for the area. The consultation comments were no objection to the principle, subject to highway related conditions reflecting the Highway Officer support for the application. These layout principles would in the Case Officer’s view be considered consistent with Policies CS9 (c) & (d), and Policies CS17 (f) & (j).
The Planning Manager reported that the Design and Access (D&A) statement had explored a proposed layout which sought to balance opportunities for providing key views westwards (towards Breydon Water), maximising solar gain, and maintaining the amenity of existing and future residents. Whilst the detail by which this was to be achieved will form part of the subsequent reserved matters, the general approach was laudable and flowed with the transformative regeneration aims of Policy CS17 and, more intently, Policy CS9 (f) & (h). Policy CS9(e) required developments to demonstrate how the design had considered car parking, with reference to the Council’s adopted parking standards. The D&A statement indicated that the proposed parking ratio was 1 space per dwelling and would be below that currently required by adopted standards. The lower amount had been justified in the D&A statement on the basis that the site was urban and was very accessible on foot and had good transport links.
The Planning Manager reported that the submitted plans did not provide detail on the precise mix of dwelling types, but that the supporting documents stated that provision was made for one parking space per dwelling, this could mean that the proposal falls short of the County Council parking standards depending on the final details of the development. Some flexibility in the amount sought could be justified on the basis of the proposal’s highly sustainable location and need to actively encourage sustainable modes of transport, including the provision of adequate and secure cycle parking/storage (as indicated in the D&A statement).
The Planning Manager reported that the Local Plan Part 2 has been submitted to the Planning Inspectorate for examination in public which was due to commence in January 2021. In accordance with paragraph 48 (of the NPPF) upon submission, those policies of the plan which have no unresolved objections could be given more significant weight.
Emerging policies of particularly relevance include:
• Policy A2 – Housing design principles. Requires dwellings to meet building
regulations standard M4(2) for adaptable homes.
• Policy H4 – Open space provision
• Policy H6 – Pollution and hazards in development – owing to the likely
presence of potentially contaminated land, and potential for unexploded
ordnance on site.
• Policy E7 – Water conservation – requires new dwellings to meet a water
efficiency standard
• Policy 11 – Vehicle parking – requires consideration of parking standards and
provision of electric charging points
The Planning Manager reported that the North Quay Supplementary Planning Document (SPD) was adopted in May 2020 with the purpose of setting out the vision, objectives and planning considerations for the regeneration of the North Quay area. The SPD was a material consideration in the determination of relevant planning applications. Whilst the development proposal was outside of the SPD’s defined area, it did link at it’s northern end, sharing the strategic pedestrian/cycling connection between the Great Yarmouth Rail Station and Market Place via North Quay and The Conge. This interrelationship formed an integral element in the wider regeneration framework for the waterfront area of Great Yarmouth, as reflected by Core Policy CS17 (f). The movement and land uses proposed by the current application were considered to be in support of the SPDs strategic ambitions.
The Planning Manager reported that the Great Yarmouth Town Centre Masterplan was endorsed by the Council in July 2017 with the aim of setting out six key strategic objectives to aid the regeneration of the Town Centre by 2025. ‘Transforming the Conge’ was identified as one of the main strategic objectives, with the aim of introducing new mixed-use development along The Conge, as well as the re-allocation of road space to pedestrian/cycle use to support greater movement between the Market Place and Great Yarmouth Rail Station. The reallocation of road space for pedestrian/cycling use was completed in 2018, therefore the current proposal seeks to complete this strategic objective of the Masterplan.
The Planning Manager reported that the site was located adjacent to Conservation Areas no.2 and no.4. Historic England had no objection to the application on heritage grounds i.e on the Conservation Area, they considered that the application met the requirements of the National Planning Guidance, in particular, paragraph numbers 7, 8, 193,194 and 196 which relate to heritage assets.
The Planning Manager reported that Historic England had reminded the Council to bear in mind the statutory duty of section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 to pay special attention to the desirability of preserving or enhancing the character or appearance of conservation areas. This report had also identified the Listed Buildings on the west side of North Quay and the Vauxhall Bridge. In this regard the Council also had a duty at section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990, which says that “In considering whether to grant planning permission for development which affects a listed building or its setting, the local planning authority shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses”.
The Planning Manager reported that development as proposed, as per the application drawings which supported the application details of access and scale, preserved and indeed enhanced the character and appearance of the settings of the identified Conservation Areas. Whilst Historic England had raised concerns over the scale of development there were a numbers of four story buildings in the immediate locality with higher storey buildings beyond.
The Planning Manager reported that in terms of the Listed Buildings, Historic England had raised no concerns in this regard, as at the most, the impact would be modest. The impact of the proposed development on the significance of the designated heritage assets, was less than substantial harm to their significance. In weighing the harm, as required by paragraph 196, of the National Planning Policy Framework, considered that the harm to the setting of the listed buildings and conservation area was outweighed by the considerable public benefits of the proposal, in terms of improving the attraction of the locality and economic benefits and contribution to the regeneration and character of the area that would result.
The Planning Manager reported that the site was located in Flood Zone 3 (high risk). Due to this and to minimise risk of flooding, all habitable accommodation was proposed to have a minimum internal ground floor level of 3.680m above ordnance datum (AOD) (the 1 in 200 +CC flood level + 600mm freeboard) as set out in the Flood Risk and should the application be approved, this should be subject to condition. In addition to the Flood Risk assessment, the application was accompanied by a drainage strategy.
The Planning Manager reported the details of the sustainable drainage system incorporated as part of the design with the aim of ensuring that flood risk, both on the site and elsewhere, as a result of the development was mitigated. Permeable paving for driveways were proposed to be used where possible and areas with impermeable surfaces would be managed using SUDS to ensure that surface water run-off did not increase local flood risk and did not increase flows into the existing watercourse.
The Planning Manager reported that it was anticipated that roof drainage could be directed to individual plot soak-aways, or to permeable paving sub-base structures where suitable. The final details of the surface water drainage was still to be agreed with the local Lead Flood Authority. The applicant had provided a Flood Risk Assessment and Drainage Strategy. Anglian Water had stated there was capacity in the Caister system to accommodate the foul water flows, subject to final details being submitted, which need to be addressed by condition on any grant of planning permission.
The Planning Manager reported that the County Council had stated that there was capacity within the existing schools at all levels, with some having more than others, identifying that provision in the form of a commuted sum should be made to address the capacity issues. It had been identified that there was spare capacity at St Nicolas Primary and St Georges Primary and Nursery, with a capacity for +2 and +7 spaces respectively, which equated to a less than 1.5% spare capacity in the Primary Sector, there would be insufficient capacity for all the of the children generated by this proposal. The actual detailed figures were not stated at this stage, because the final make-up of the development was not known at this stage. In addition, the County identified a requirement and requested a commuted sum for library books.
The Planning Manager reported that the Health Authority had assessed that the existing healthcare services would be impacted and sought a developer contribution of £155,676 towards additional bed spaces and floor space for primary healthcare and acute healthcare facilities. However, there were questions how this contribution had been calculated. It should be noted that since 2018, the Health Authority had a policy of seeking contributions on sites of over 50 units, which it had put in place since this application had been submitted at the end of 2018.
The Planning Manager reported that in considering this application, Members should be mindful of Policy CS14 "Securing appropriate contributions from new developments as set out the Core Strategy 2015. This stated that new development could result in extra pressure being placed upon existing infrastructure and local facilities. This could include both physical and social infrastructure, as set out in the supporting text to the policy. As part of this application, the requests and requirements were set out in the report alongside the requirements of the adopted policies. In addition, the requests from the County Council and NHS, the amount of affordable housing and open space contribution or provision on site per unit on a pro-rata basis together with the Habitat Regulation Mitigation payment".
The Planning Manager reported that the Council was mindful, as set out in the Core Strategy that development proposals needed to be economically viable and in cases where viability was in question, the proposed scheme should be subject to viability testing. In this instance, taking into account different profit scenarios, the scheme was not considered financially viable taking into account the demolition and construction costs and the constraints of developing this previously developed brownfield site. It was considered that the additional financial requirements would further decrease the viability of development. The Council also had control over the land.
The Planning Manager reported that it was therefore appropriate for the Committee to consider that in order to facilitate the development, and if the Committee was minded to approve the application, that this application was not subject to planning obligations sought, with the exception of the Habitat Mitigation payment, which was presently £110 per dwelling. This was because there was a presumption against any new development that would damage the ecological integrity and/or landscape value of these designated sites, either individually or in combination.
The Planning Manager reported that in conclusion, the site was in a sustainable location and would help to deliver the Council's development plan housing target and to implement the Council's ambition of developing The Conge and the Town Centre Masterplan,
contributing to the economic, visual and social improvement objectives to the
Town Centre and enhancing the local townscape.
The Planning Manager reported that the application was recommended for approval, subject to the conditions, outlined below and in the report, and the Habitat Mitigation payment prior to occupation. The proposal is deemed to be in compliance with the aims of Policies CS2, CS3, CS13, CS14, CS15, and CS17 of the Great Yarmouth Local Plan Core Strategy, and saved Policies HOU7, and HOU9 of and the Great Yarmouth Borough-wide Local Plan (2001) (LP).
Including standard outline for submission of reserved matters, control over outstanding matters; access and scale to be in accordance with approved plans, and approval for up to 89 dwellings, highway conditions, controlling conditions re contamination, hours of working, details of surface water drainage and foul drainage systems to be submitted and agreed, finished floor levels /EA requirements and an archaeological programme of investigation, analysis and recording prior to development.
Jerene Irwin, applicants agent, addressed the Committee and reiterated the salient areas of the application and asked that the Committee approve the application which would help to transform the gateway from Vauxhall Railway Station via The Conge and into the Market Place.
The Committee reported that they fully supported the application.
RESOLVED:-
That application number 06/20/0190/O be approved, subject to the conditions outlined below and in the report, and the Habitat Mitigation payment prior to occupation. The proposal is deemed to be in compliance with the aims of Policies CS2, CS3, CS13, CS14 CS15 and CS17 of the Great Yarmouth Local Plan Core Strategy, and saved Policies HOU7, and HOU9 of and the Great Yarmouth Borough-wide Local Plan (2001) (LP).
Standard conditions as outlined for submission of reserved matters, control over outstanding matters; access and scale to be in accordance with approved plans, and approval for up to 89 dwellings, highway conditions, controlling conditions re contamination, hours of working, details of surface water drainage and foul drainage systems to be submitted and agreed, finished floor levels /EA requirements and an archaeological programme of investigation, analysis and recording prior to development.