04
The Committee received and considered the agenda and addendum report.
The Planning Officer reported that the site forms a two-storey terraced residential property, which fronts a footway to the north east and which has rear vehicle access from Laburnum Close. The application relates to an existing single storey flat roof garage at the rear of the dwelling, immediately adjacent to Laburnum Close to the southwest.
The Planning Officer reported that this application is seeking planning permission for a change of use from domestic garage for use as a barber’s shop, with external alterations and creation of a new parking space. The proposed barber use is intended to be operated by the applicant, who has confirmed that they only intend to accommodate a single chair with no additional employees. The appointments will run with 10-minute gaps between each client to ensure that there is no overlap with customers visiting the site.
The Planning Officer reported that proposed external works include replacing the garage’s existing roller door with a single- width uPVC door, with new cladding proposed over the infilled material, and replacement of the existing window and door at the rear elevation of the garage. The proposal would also involve removing the existing fencing and gate at the rear access of the property, to provide a single car parking space in the existing rear garden and a relocated fence and gate, to allow customers to park on the land in front of the garage.
The Planning Officer reported that Environmental Health raises concern that the proposal will impact on the residential amenity of the surrounding properties. Informal discussions to clarify these comments confirmed that concern was more in relation to the coming and going of people than the operations of the business.
Councillor Plant had written on behalf of himself and the two other Ward Members to register their opposition to the application. Concerns were raised in respect of:-
• parking,
• the siting of the proposal in a wholly residential area, and
• in view that there are plenty of empty shops in the Borough for this type of activity.
The Planning Officer reported that the Parish Council supports the objections of the Borough Councillors and other neighbour's objections. This is a residential area and not appropriate for running a business. Parking will be an issue especially at the weekends when football matches were played in the local vicinity.
The Planning Office reported that a number of representations have been received from local residents, including a petition of objection signed by 12 residents. The relevant planning matters raised can be summarised as follows:-
(i) This is a wholly residential area with no commercial uses
(ii) The proposal would generate more traffic and there are no parking facilities in the area
there are already issues in the area
(iii) Parking issue is exacerbated at the weekend when vehicles use the close for parking
(iv) Concerns with drainage – any drainage installed will only be accessible to the rear road storm drain
(v) No extra bins proposed for the disposal of hair and associated waste
(vi) Could lead to a cumulative impact if other neighbours also propose commercial uses
(vii) There are a number of empty properties on the high street which would be more suitable for this type of proposal
(viii) Social impacts including noise impacts from operation of the business.
The Planning Officer reported that neighbours’ concerns cited that the deeds of the properties confirm that no business should operate from the dwelling. This is a legal matter that cannot prevent a planning permission from being granted based on planning merits.
The Planning Officer referred to the following relevant Planning Policies:-
The Great Yarmouth Core Strategy (adopted 2015)
• Policy CS6: Supporting the local economy.
• Policy CS7: Strengthening our centres
• Policy CS9: Encouraging well-designed, distinctive places.
• Policy CS16: Improving accessibility and transport.
The Great Yarmouth Local Plan Part 2 (adopted 2021)
• Policy GSP1: Development Limits
• Policy UCS7: Strengthening our centres
• Policy A1: Amenity
The Planning Officer reported that the application site is situated within the developments limits of Bradwell as defined by Policy GSP1, where the principle of development is generally considered acceptable subject to compliance with the other policies of the plan.
The Planning Officer proposal is to establish a new “main town centre use” as defined by the NPPF. Policy CS7 and the NPPF set out a sequential approach to the location of new town centre uses. This process stresses that priority should be given to locating town centre uses in defined town centres first, then to ‘edge of centre’ sites which are well connected, and then, only if suitable sites are not available (or expected to become available within a reasonable period), should ‘out of centre sites’ be considered.
The Planning Officer reported that Policy CS7 requires applications to demonstrate that there are no sequentially-preferable sites available and that the proposal can be accessed by sustainable forms of travel. No evidence has been submitted to demonstrate considerations of other sites, and the applicant does in fact confirm that they will be relocating their existing operations from an existing shop on a high street. However, although the application site is not within a defined retail centre or edge of centre, it is considered to be within a sustainable location able to serve the residential area which surrounds it, and it would be anticipated that a proportion of the customers would be local residents of the area who would visit the site by foot.
The Planning Officer reported that the application proposes a barber’s shop (Use Class E(a)) to be operated by the applicant and occupier of 40 Laburnum Close, and would operate at a small scale, serving only one customer at a time, with 10-minute breaks between appointments. Core Strategy Policy CS06(L) encourages schemes which enable flexible working patterns including by allowing home- working where there is no adverse impact on residential amenities. This is consistent with Paragraph 86(e) of the NPPF which encourages flexible working arrangements.
The Planning Officer reported that it is recommended that any permission to be granted should be restricted so that the barber’s shop cannot be split into a separate entity from the main dwelling, which will also help to restrict the intensity of the use and ensure that parking for staff etc does not increase the numbers of vehicles attending the site. It is also necessary to restrict use of the shop to solely the occupier of the dwelling, which will promote the use of ‘home working’ as anticipated by policy CS06. Such restrictions will also ensure the main town centre use does not become established as a separate entity and an unrelated business outside of defined town centres contrary to the expectation to be directed towards more sequentially appropriate locations in accordance with policy UCS7.
The Planning Officer reported that the proposal only consists of 11.57sqm of floorspace, and is likely to generate a maximum of 10 customers per day. Given the scale of development, it is not considered that the proposal would draw away a significant number of customers from the town centre or local centres or have a “significant impact” on existing designated centres. As such, whilst there is some conflict with the requirements of CS07, given the level of operation, it is considered that the proposal is more akin to the home-working model encouraged by policy CS06, and it is not considered that the proposal would result in a significant impact on the viability or vitality of the town centre.
The Planning Officer reported that the proposal results in the change of use from a residential garage to barber’s shop. However, the intensity of the use would be limited, with only a single customer at one time and would operate on an appointment only basis. Although the proposal would result in some conflict with strategic policy CS07, as the proposal presents a main town centre use outside of the town centre, home-working is also encouraged by both the NPPF and policy CS6 of the Core Strategy. The proposal is not considered to be of an intensity or scale as to impact the vitality or viability of the town centre or local centres.
The Planning Officer reported that there are minimal external changes proposed, however the alterations are considered to maintain the character of the existing building and visually will have little to no impact on surrounding properties. The proposal is not considered to generate a significant harm to neighbouring amenity due to the appropriate measures being set out and secured by planning conditions.
The Planning Officer reported that the business operating on an appointment only basis, with only one customer at one time, with appropriate buffer space between appointments, and provision of a parking space within the site, is considered to mitigate potential highway impacts and also minimise noise disruptions to neighbours.
The Planning Officer reported that having assessed the details submitted, it is considered that subject to use of the recommended conditions, the proposal is acceptable on balance and complies with policies CS1, CS2, CS6, CS9, CS16, GSP1 and A1 of the adopted development plan.
The Planning Officer reported that Officers recommend that application 06/24/0710/CU be approved and planning permission should be granted subject to the proposed conditions listed in the agenda report (to be added to, modified and amended as necessary).
Councillor Pilkington asked for clarification as to how the suggested conditions could be policed. The Planning Officer reported that the Council would rely on self-policing by neighbours and if the conditions were breached this would be referred to the Planning Enforcement Officer.
Councillor Murray-Smith reported that he was concerned in regard to the storage of waste as he did not agree that a domestic bin should be used for commercial use. He asked that if the application was approved, a condition should be added that a dedicated commercial bin to be required on site. The Development Manager agreed that this was a fair request even though Environmental health had raised no concerns in this area. He agreed that a refuse strategy could be conditioned on the application.
The Development Manager reported that although the application had proposed specific opening hours Monday to Friday, the applicant could open on a Saturday morning for 28 days a year as per permitted development rights. If this number was exceeded, a Breach of Conduct notice would be made effective immediately.
Councillor Galer asked for clarification as to the new Local Plan as one of the over-arching goals of the former Local Plan was to reduce travel to work distances and he wondered if this had been carried over to the new Local Plan to reduce travel and carbon footprint across the Borough. The Planning Officer reported that Policy PCS6 encouraged sustainable benefits.
Mr Hubbard, objector, addressed the Committee and reported that the application was an outrageous proposal which would change the look and feel of the close and he was concerned that it would reduce the value of his property as his garage was attached to the application site. Mr Hubbard did not see why this application was necessary as there was a glut of barbers/hairdressers in Great Yarmouth & Gorleston. Mr Hubbard reiterated that Environmental Health, Paris Council and Ward Councillors objected to the application and urged the committee to respect the views of local residents and refuse the application. Mr Hubbard reported that the stress of this application had affected his mental health and he was receiving treatment from his Doctor.
Councillor Plant, Ward Councillor, reported that he echoed Mr Hubbard's sentiments and that the Close was a quiet place to live and not an area suitable for business use. He highlighted paragraphs 5.1.3, 9.2 & 10.2 and the relevant policies they referred to and cited these as suitable policies to use to refuse the application. Councillor Plant questioned whether the Planning Officers were ignoring their own Design Codes whilst considering the merits of this application.
Councillor Boyd asked for clarification in regard to the covenant in the deeds preventing the property being used for business uses. The Planning Officer reported that the covenant was a legal issue and was not a planning consideration. The Development Manager reported that the covenant was a Civil Matter between both parties.
The Chair reported that an appeal in regard to a similar application had been upheld and the Planning Inspector had made their views very plain in regard to this matter.
Councillor Murray-Smith asked how many letters of objection and support had been received in response to the application. The Development Manager reported that the numbers were not the issue, it was the weight of the objections received which was the main consideration in the officers determination of the application.
Councillor Murray-Smith reported that this was a difficult application to determine, however, on balance, he would vote in favour of the application as he could find no material planning reasons for refusal. The Covenant was not a matter for the Committee, however, he requested that an additional condition for the requirement of a commercial bin, if the application was approved.
Councillor Galer reported that he supported home working but not home retail trading which he felt applied in this application and therefore, he had concerns.
Proposer: Councillor Murray-Smith:-
That application 06/24/0710/CU be approved and planning permission should be granted subject to the proposed conditions listed in the agenda report (to be added to, modified and amended as necessary) and a refuse strategy to be submitted.
Seconder: Councillor Martin.
Following a vote, this motion was lost.
The Development Manager asked the Committee for the reasons they had refused the application.
Councillor Boyd reported that he felt the application was counter-productive as the Local Plan supported bringing more businesses into the Town Centre and this application moved a business from a town centre into a private dwelling. The Development Manager reported that their was a fine balance between putting the town centre business argument first ahead of serving the local community.
The Monitoring Officer reminded the Committee that the Planning Officers would need robust policy and material planning reasons to defend the Committee's refusal of the application.
Councillor Galer reported that he felt that the application did not accord with Policy CS2.
The Head of Planning referred to a relevant appeal decision, which related to an application for change of use of an existing garden room into a beauty salon at Hall Road, Hopton.
The proposal was of a similar nature and intensity as this application, however is located
outside of the development limits. Whilst that application was refused under delegated authority for reasons which included the principle of development - on the basis that the proposal would represent a ‘main town centre use’ in an ‘out of centre’ and unsustainable location - the Inspector overturned the LPA’s decision and concluded that the site was actually a suitable location for the proposed scale of development, would be an appropriate use despite being outside the development limits, would be able to support the rural economy, and in doing so gave weight to the encouragement of home and flexible working as encouraged by the NPPF.
In light of the recent appeal decision, it has been noted that the Inspector did not impose any conditions to limit the number of customers able to use the facility at any one time because this would be self-limiting as the ‘garden room’ is restricted in size. However, given the limitation in parking spaces at the current application site, it is considered that the conditions as recommended are still suitable to meet the tests of including conditions on any permission granted to this proposal.
The Chair reminded the Committee that every application must be considered on its own merits.
The Monitoring Officer suggested that the Committee might find it useful to revisit the planning policies outlined by Ward Councillor Plant when he addressed the Committee.
Councillor Annison proposed that the application be refused as it was contrary to Policies CS6, CS9 & A1.
The Head of Planning suggested that compliance to Policy CS6 was weak and Officers would need further clarification in regard to Polices CS9 & A1.
Councillor Annison was concerned in regard to the size of the garden and its proximity to the neighbours property. The Head of Planning suggested that Members might give a greater weight to the issue that the size of the applicants garden space did not accord with the standards set out in our Design Code. The Head of Planning reminded Members that the Council had an adopted policy to support home working.
Councillor Williamson reported that he agreed with Councillor Murray-Smith and he could not find any material planning reasons to refuse the application.
Councillor Boyd proposed that the application be refused as it was contrary to Policies CS6, CS7, and CS9. The Monitoring Officer asked the Head of Planning to preface Policies CS6, CS7 & CS9 for the benefit of the Committee. The Head of Planning complied with the Monitoring Officer's request and reported that officers would take on board the reasons offered for refusal by the Committee and the mood of the Committee and propose a response on its behalf.
The Development Manager assisted the Committee and summarised as follows:-
(i) Notwithstanding the limited scale of floorspace comprising the proposed barber’s shop, the nature of the proposed operation is considered inappropriate within the application site’s close-knit residential setting. The proposed development is considered likely to include frequent visits from customers and servicing which would create disruption and unneighbourly impacts to the residents of the surrounding dwellings. This would be exacerbated by the very limited availability of car parking at the application site. As such, it is not considered that the use proposed would be compatible with the site’s location amongst neighbouring dwellings in a predominantly residential area, and would be incompatible with the requirements to protect the amenity of existing residents contrary to policies CS9(f) of the adopted Core Strategy (2015) and A1 of the adopted Local Plan Part 2 (2021); and
(ii) The application represents a ‘main town centre use’ and is proposed to be sited outside of a defined town centre or local centre, and is not in an ‘edge-of-centre’ location as defined by adopted policy R1. The application has not presented a sequential test assessment to demonstrate that there are no alternative available and suitable sites in sequentially preferable locations, and so it has not been proven that the development would avoid weakening the vitality or viability of the defined town centres or local centres, contrary to policies CS7(e) and CS7(f) of the adopted Core Strategy (2015).
The motion for refusal of the application was proposed by Councillor Boyd and seconded by Councillor Annison.
Following a vote, it was RESOLVED:-
That application number 06/24/0710/CU be refused as the Committee had considered the Officers’ recommendation to approve the application, including a Member’s motion to add a planning condition (requiring refuse storage and management to be agreed) to any approval, but had determined to refuse the application for the following reasons:-
(i) The local development plan for the borough of Great Yarmouth comprises the adopted Core Strategy (2015) and the adopted Local Plan Part 2 (2021), with additional guidance set out in the adopted Borough-wide Design Code (2024). Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that applications for planning permission must be determined in accordance with the development plan, unless material considerations indicate otherwise. The application for planning permission has been assessed on the basis of the submitted drawing titled: Combined plans ref. 1931/1, received by the Local Planning Authority on the 4th October 2024. The application has been considered by the Development Management Committee of the Local Planning Authority on 08 January 2025 and the Committee has determined that the application should be refused planning permission for the following reasons:-
(ii) Notwithstanding the limited scale of floorspace comprising the proposed barber's shop, the nature of the proposed operation is considered inappropriate within the application site's close-knit residential setting. The proposed development is considered likely to include frequent visits from customers and servicing which would create disruption and unneighbourly impacts to the residents of the surrounding dwellings. This would be exacerbated by the very limited availability of car parking at the application site. As such, it is not considered that the use proposed would be compatible with the site's location amongst neighbouring dwellings in a predominantly residential area, and would be incompatible with the requirements to protect the amenity of existing residents, contrary to policies CS9(f) of the adopted Core Strategy (2015) and A1 of the adopted Local Plan Part 2 (2021); and
(iii) The application represents a 'main town centre use' and is proposed to be sited outside of a defined town centre or local centre, and is not in an 'edge-of-centre' location as defined by adopted policy R1. The application has not presented a sequential test assessment to demonstrate that there are no alternative available and suitable sites in sequentially preferable locations, and so it has not been proven that the development would avoid weakening the vitality or viability of the defined town centres or local centres, contrary to policies CS7(e) and CS7(f) of the adopted Core Strategy (2015).