There were no apologies for absence given at the meeting.

There were no declarations of interest given at the meeting.

The minutes of the meeting held on 17 April 2024 were confirmed.

The Committee received and considered the report and addendum report from the Planning Officer.

The Planning Officer reported that the application is a variation of condition application, submitted under Section 73 of the Town and Country Planning Act 1990 as amended, to vary conditions 2 (approved plans), 4 (floorspace) and 5 (convenience/comparison goods split) of pp 06/22/0008/F.

The Planning Officer reported that the original application was for the demolition of an existing building and erection of a new discount food store with access, car parking, landscaping and other associated works. This variation of condition application aims to make amendments to increase the store sales area and subsequently also amend a condition relating to the convenience/comparison goods sales limitation imposed within the previous permission, and to amend the parking provision, including the removal of 8 parking spaces, with minor alterations of the design of the store. 

The Planning Officer reported that operationally, the Gross Internal Area of the whole building would actually decrease by 86sqm to 2,189 sqm, but the sales area would increase by 101sqm, to 1,512sqm. The reduced overall floorspace occurs due to a rearrangement and loss of part of the approved staff areas and warehouse storage. Supporting information is submitted to demonstrate that the 101sqm.

The Planning Officer reported that the application proposes changes to the floor plan of the previously approved new Lidl Store to result in an increase in the sales area of 101sqm. On balance, this is considered a sufficiently minor increase that it would not materially affect the outcomes or findings of the original Retail Impact Assessment such that it would present an unacceptable level of additional detrimental impact on the vitality of the Town Centre or other defined centres to such a level as to warrant refusal of the application. The amendments would only have a minor impact on the associated design, landscaping and drainage aspects of the development which revised supporting information submitted demonstrates would not cause an adverse impact.

The Planning Officer reported that although there were highways concerns at the loss of available parking spaces, these have been responded to by the applicant with sufficient comfort that there would not be a severe impact on highways safety and the local highway network would not be detrimentally affected to an unacceptable degree.

The Planning Officer reported that there have been no statutory objections received. On balance, it is considered that the highways and retail impacts are sufficiently low level that only a small level of direct benefit would be needed to outweigh those harms, despite the development continuing to be a departure from adopted planning policy. However, whilst the amended format of  the proposed store would bring only a small level of associated economic investment and jobs creation directly related to the proposed changes, it is an important material consideration that the changes are requested to secure investment and continued development of the site to realise the benefits associated with the original permission. These are significant benefits which would outweigh the identified harms, and there are no other material planning considerations to suggest the development should not be approved.

The Planning Officer reported that having considered the details provided, the application is considered to comply with policies CS1, CS6, CS7, CS9, CS13 and CS16 from the adopted Core Strategy, and policies A1, R1, E1, E4, E6, I1 and I3 from the adopted Local Plan Part 2.
In accordance with Section 73 of the Town and Country Planning Act 1990 as amended, the proposed amendments are considered acceptable and it is recommended that planning permission should be granted subject to conditions which the extant permission is subject to, albeit with appropriate amendments to reflect the revised layout and additional sales floorspace and inclusion of details approved by condition applications.

The Planning Officer reported that it is considered that there are no other material considerations to suggest the application should not be recommended for approval. The recommendation is for approval subject to the prior completion of a Section 106 Agreement or appropriate Deed of Variation of the existing section 106 agreement to ensure the existing Lidl on Pasteur Road ceases operation prior to the opening of the proposed Lidl store.

The Planning Officer reported that it is recommended that Committee delegate authority to the Head of Planning to approve application 06/23/0926/VCF and grant planning permission, subject to:-

Proposer:- Councillor Annison

Seconder:- Councillor Williamson

RESOLVED:-

That the Committee delegate authority to the Head of Planning to approve application 06/23/0926/VCF and grant planning permission, subject to:-



(i) the prior completion of a Section 106 Agreement or relevant Deed of Variation of the Section 106 Agreement dated 31 July 2023, sufficient to secure the same obligations as the existing Agreement; and


(ii) the proposed Conditions listed in the agenda report.

The Committee received and considered the report and addendum report from the Planning Officer.

The Planning Officer reported that this is a connected application as the application site is owned by the Borough Council and the Monitoring Officer therefore requested that it go to Committee for determination.

The Planning Officer reported that the application is for the demolition of a single storey amusements building; Erection of replacement building for use as indoor amusements and leisure; Alterations and extensions to public house and restaurant building and new roof covering along the pier length; Change of use of the restaurant to an amusement arcade; Single-storey extension to the family amusement centre to provide new food kiosk; Installation of ramped access ways; Alterations to front façade of building.

The Planning Officer reported that the application proposes to carry out internal and external renovations to the front of the pier as well as alterations and extensions of buildings and replacement of buildings on the pier itself, including the change of use of the restaurant to amusement arcade. 

The Planning Officer reported that the proposed alterations to the front elevation have been subject to significant revisions as part of this application. The front elevation now proposes two circular flanking towers with the horizontal lines of the roof and raised fascia at first floor level continuing around the towers. White render is now proposed along with a zinc finish to the caps of the towers and the horizontal banding. The towers are integrated into the doors to the restaurant area and a kiosk is proposed to be integrated into the base of the southern tower. A digital screen is shown within the central horizontal span between the two towers which will need to be subject to a specific application for advertisement consent to display adverts on this digital display, although this has not yet been submitted. New lettering above the front building is also proposed. 

The Planning Officer reported that the rebuilt building to the rear will house the arcade area with a new food kiosk to the rear. This building will have a new curved single ply membrane roof with standing seam upstand in a grey colour, although precise materials have not been detailed at this stage. This building will be lower in height than the front building meaning it will not be visible from the west. The walkway through the front building to the rear of the pier is also proposed to be amended with new positioning and ramped walkways and the amount which will be protected/covered is also being increased. The application also includes new staircases to provide access to the promenade and beach below.

The Planning Officer reported that the site is located within the Great Yarmouth Seafront Area and is one of the key attractions of the ‘Golden Mile’ which offers a wide range of tourist attractions and facilities. Local Plan policies CS8 and GY6 are broadly supportive of facilities that encourage year-round, sustainable tourism, and the uses contained within this proposal.
The proposal seeks investment and an improvement of the facilities on offer at the Britannia Pier which is one of the key tourist attractions on the Golden Mile. The proposal involves removing an established and large area of floorspace used as a restaurant and replacing it with an amusement arcade.  Both are defined as Town Centre uses but as this application seeks the change of one Town Centre use to another there should not be a draw on the Town Centre. The proposed amusement arcade would be within the ethos of providing family friendly seaside entertainment which are uses encouraged by CS8. It is recommended that a condition is imposed to ensure that this amusement arcade is used for family entertainment and not at any time limited to an adult gaming centre.

The Planning Officer reported that the proposal complies with policy CS8 criterion (A) which expects that development “encourages and supports the upgrading, expansion and enhancement of existing visitor accommodation and attractions to meet changes in consumer demands and encourage year-round tourism”. The proposal also accords with policy CS8 criterion (C) which seeks to “Safeguard key tourist, leisure and cultural attractions and facilities. The application includes the revised positioning of kiosks to the frontage of the pier and an additional foot stall within the pier itself. Policy R6 outlines that the principle of developing new retail and food outlets in the form of kiosks or stalls will be permitted within the designated Holiday Accommodation Areas, Town Centre or the Great Yarmouth Seafront Area, so the small additional food kiosk is considered acceptable. Core Policy CS15 and Policy C1 support the upgrading of community facilities, including supporting upgrading recreational facilities, such as Britannia Pier.

The Planning Officer reported that as a result of significant revised plans having been submitted that the principle of development is therefore considered acceptable overall.

The Planning Officer reported that the application is supported by an Ecological Report. This identifies that breeding birds are present beneath the pier within the metal supports and building roofs on top of the pier are expected suitable nesting habitat for gulls. The Ecology Report concludes that the proposal should include some enhancement measures for nesting birds, including nest boxes. The bird boxes should not be positioned directly above any windows or doors. The report also suggests that site lighting should avoid blue-white wavelengths and that external lighting be cowled to prevent upwards light spill. Conditions securing details of the biodiversity enhancement measures and details of external lighting are needed in order for the proposal to comply with CS11.

The Planning Officer reported that having considered the details provided, the application is considered to comply with policies CS1, CS2, CS8, CS9, CS10, CS11, CS15 and CS16 from the adopted Core Strategy, and policies GSP1, GSP4, GY6, A1, R6, R7, E1, E5 and C1 from the adopted Local Plan Part 2. 

The Planning Officer reported that the applicant would need to obtain advertisement consent for the display of adverts on the digital screen and for the proposed installation of signage on the front façade.

The Planning Officer reported that application 06/23/0570/F is recommended for approval subject to the proposed conditions and informative notes as set out in the agenda report.

Councillor Freeman reported that he did not like the proposed shutters to be installed at the front of the Pier as it was sited in a Conservation Area and that he preferred the first design scheme to the revised design scheme. Councillor Murray-Smith reported that he agreed with Councillor Freeman. The Planning Officer reported that the installation of shutters could be considered due to the wider enhancements offered in the application.

Councillor Bird was concerned in regard to the size of the proposed signage and that it would be digital and be in operation 24/7. The Planning Officer reported that the signage would be a separate application.

Councillor Mogford requested that downwards cowl lighting be installed on the seaward side of the Pier to prevent light pollution issues for mariners.

Councillor Annison reported that he welcomed the further investment in the town and that he was pleased to support the application.

Proposer: Councillor Annison

Seconder: Councillor Mogford.

Following a unanimous vote, it was RESOLVED:-

That application 06/23/0570/F be approved as per the recommendation and conditions as set out in the agenda report.

The Chairman reported that there was no other business being of sufficient urgency to warrant consideration at the meeting.