Planning Statement

April 2019 Planning Statement

Land off Marsh Road,

Halvergate,

Norfolk. NR13 3QB

Norfolk Office 01603 516319 Suffolk Office 01284 336348 Essex Office 01245 934 184 Orchard House The Northgate Business Centre, Moulsham Mill, Hall Lane 10 Northgate Street, Parkway, East Tuddenham, Bury St Edmunds, Chelmsford Norfolk, NR20 3LR Suffolk, IP33 1HQ Essex, CM2 7PX

Norfolk, NR189RS

Information

Date of Application April 2019

Site Address Land off Marsh Road, Halvergate, Norfolk, NR13 3QB

Development Outline residential for up to 7 no. dwellings. Description

Local Planning Broadland District Council Authority

Applicant(s) Deborah High and Kevin Cossey

Author: Phil Hardy (Planner) Reviewed By: Jason Parker (Director) Report Revision: 1

© Copyright Parker Planning Services Ltd www.parkerplanningservices.co.uk Contents Introduction ...... 1 How the Proposal has been arrived at & Community Consultation ...... 2 Development Description ...... 3 Development Plan Considerations ...... 9 Conservation Area Appraisal and Important Views ...... 14 Material Considerations...... 18 Assessment of Sustainable Development ...... 25 Conclusion ...... 30 Appendix 1 – Newmans Green Appeal Decision ...... 32

Planning Statement Land off Marsh Road, Halvergate, Norfolk, NR13 3QB

Introduction 1.1. The following Planning Statement has been prepared by Parker Planning Services Ltd on behalf of Deborah High and Kevin Cossey (‘the Applicants’) in relation to an Outline Planning Permission application for ‘Erection of up to 7 no. self-build dwellings’ at land off Marsh Road, Halvergate, Norfolk, NR13. All matters are reserved except for access. 1.2. This Planning Statement should be read in conjunction with the following supporting documents which comprise the planning application:

• The formal planning application forms and certificates;

• the Location Plan –by Studio 35 Architecture;

• the indicative site plan and visual drawings – by Studio 35 Architecture;

• this Planning and Design Statement (‘PDS’) by Parker Planning Services;

• the Heritage Statement (‘HS), dated April 2019 by Parker Planning Services; and

• the Tree Constraints Plan (‘TCP’) and Arboricultural Impact Assessment by A.T. Coombes 1.3. This PDS is structured as follows:

• It introduces the application and the contents of the PDS (this Section);

• It describes the site and details the development proposal (Section 2);

• It describes how the development proposal is a suitable response to the site and its setting, and demonstrates that it can be adequately accessed by prospective users (Design and Access Statement) (Section 3);

• It assesses the application against the Development Plan (Section 4);

• It assesses the application against relevant material considerations (Section 5); and

• It reaches conclusions in relation to the acceptability of the application in the context of the Development Plan and the relevant material considerations (Section 6)

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Planning Statement Land off Marsh Road, Halvergate, Norfolk, NR13 3QB

How the Proposal has been arrived at & Community Consultation 2.1 The Land owners were contacted by a Consortium of Investors located in the East Midlands as well as a Housing Association. Both of which had made offers of land purchase and land option agreements for the entire land area. The suggestion from each of those parties was that they would be looking to place between 20 to 35 homes on the site and believed that there would be a high likelihood of success either at application or appeal for permission to be granted, given the government desire to provide housing, particularly for ‘infill sites’. 2.2 The land owners contacted Jason Barber of Studio 35 Architecture Ltd and Jason Parker of Parker Planning Services for advice. Following a detailed site visit and review of the site, as well as the constraints of the site and review of similar cases that we have dealt with, our view was that the site is suitable for some form of residential development. Our initial feelings were that a smaller lower density development would be more attractive and appropriate to the village than the development desired by both interested parties. Following our advice, the land owners opted for our approach of a more sympathetic development, rather than to give way to the interested parties. It was very refreshing to meet Local people who favoured going forward with a more low key and sympathetic development, rather than wanting to go for ahigh density development, particularly given the attractiveness of the revenue they would have generated from going for that option. We are therefore hopeful that the Council accepts our proposal for a low key, low density development. 2.3 Following those discussions, Jason Parker, Director of Parker Planning Services Ltd and Jason Barber, Director of Studio 35 Architecture Ltd attended a meeting with members of Halvergate Parish Council on 15th February 2019. We provided some information regarding providing housing in similar locations to this, as well as government considerations in relation to housing outside of settlement boundaries and the requirements of 5 year housing supply, as well as the considerations of paragraph 11 of the NPPF and Local Planning Policies. Overall this was a very pleasant and informative discussion and we were both very pleased for the input from the Parish Council. Whilst the Parish Council were of the view that they would prefer that the site not be developed at all, they did indicate that it would be important for the properties to have one single point of access in order to have no impacts or requirements to remove the trees to the front of the site on Marsh Road. We also spoke in relation to the provision of self-build and there were concerns regarding how to ensure the properties would not all look unique and that there would be some uniformity between the properties. We discussed the idea of a ‘plot passport’ approach. Other various comments were made such as that the development of the site would affect important views stated within the Conservation Area Appraisal. Although during the site visit and upon inspection of the Conservation Area Appraisal wording during the site visit, it became apparent that the important views stated within the appraisal were not across the site, but were in directions away from the site.

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Planning Statement Land off Marsh Road, Halvergate, Norfolk, NR13 3QB

Development Description Site and Context 3.1 The Application Site is 0.485 hectares in size and lies north of Marsh Road across the frontage between Squires Road to the west and Chapel Road to the east. It is part of a large arable field which sits on the north side of Marsh Road. It is bounded to the east by Chapel Road and Squires Road to the west. The Weavers Way long-distance footpath follows Squires Road to the junction with Marsh Road and then heads east along the southern boundary of the site. The site is relatively level and falls gently and evenly to the east. The level of the field is noticeably higher than the surrounding roads, up to a meter at the junction of Chapel Road and Marsh Road. 3.2 Along the southern boundary is a well-established mixed native hedge which has a series of relatively young oak trees planted at intervals. Between the hedge and the footpath is a narrow and steeply graded verge which has a mixture of grass and ground elder. Halfway along this boundary is an opening in the hedge providing access to the field. The native hedging continues around the corner on both the east and western boundaries. On the eastern side the hedge extends as far as the former chapel. 3.3 At the Southwest corner is a modern brick bus shelter grouped with a litter bin, dog bin and information board for Weavers Way. 3.4 At the south-eastern corner at the junction with ChapelRoad is a memorial bench. The hedge here is more than 12 feet high. 3.5 On the south side of Marsh Road is a series of recent infill built dwellings. There is no footpath on the side of the road, only a narrow and steeply graded grass verge. The character in this area is generally suburban, not locally distinctive and would not normally merit inclusion within a conservation area designation. 3.6 Directly opposite the laurels on the corner of Chapel Road is Sunnyside which is also included on the schedule of Buildings of interest but not listed. Adjacent to the cottage and set back from the highway is the thatched grade II listed Red Lion public house. 3.7 Further north along Chapel Road is the former Primitive Methodist Chapel built in 1876 which has been converted to a dwelling. 3.8 On the corner of Squires Road and Marsh Road is the School Lodge guesthouse. It is not easily seen from the public highway due to the extensive hedging and garden planting. To the north of this dwelling along Squires Road are two modern properties. 3.9 The last remaining building of historic interest near the site is the early 19th-century White House to the north on Squire Road. Opposite the White House is the village bowling green which has a small timber pavilion. At the northern end of the arable field are 3 pairs of interwar council houses. Two pairs have their rear aspect facing the application site and the 3rd pair are gable on (number 4). The rear gardens are enclosed and screened with a mixture of hedges and mature trees. 3.10 Halvergate has a public house 30 metres to the site’s east off Marsh Road, St Peter and Paul’s church 500 metres to the site’s south west off The Street and a village hall 0.5 miles to the site’s south west off Moulton Road. 3.11 The site is outside of a defined settlement boundary, although Halvergate is clearly a settlement with its own built form as well as facilities and services.

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Planning Statement Land off Marsh Road, Halvergate, Norfolk, NR13 3QB

Site

Figure 1 – Google map image of the settlement of Halvergate

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Planning Statement Land off Marsh Road, Halvergate, Norfolk, NR13 3QB

3.12 The village of Freethorpe is 1.5 miles to the site’s south west and has a public house, a primary school and a Methodist church. 3.13 Freethorpe is a similar size to Halvergate with similar facilities and services and has a settlement boundary but settlement boundaries are no longer as binding since the High Court ruling that was upheld in the Appeal Court in March 2018 concluded that so long as a site is in close proximity to other dwellings and close to a settlement then it cannot be considered an isolated location. The site subjectto this application is certainly not considered isolated. 3.14 The High Court ruling went on to say that access to services and facilities is no longer the primary consideration when assessing a site in planning terms because the previous assumption that it was inadvertently undermined the positive impact allowing new dwellings in non-designated settlements could have on combatting social isolation. The new NPPF in any case looks favourably upon development proposals that can support facilities and services in nearby areas. 3.15 The village of Cantley is 3.6 miles from the site which has a primary school and nursery, a church, a public house and a railway station and Reedham is 3.8 miles from the site which has a village shop, a café, a primary school and a railway station. The market town of Acle isjust 4 miles away by road and contains a comprehensive range of services and facilities as one would expect from a designated Key Service Centre. 3.16 Within Halvergate and just 20 metres from the site is a bus stop and buses travel between Halvergate and Freethorpe from Monday to Friday each week. Planning History and Background 3.17 No recent or relevant planning history was available on the Broadland District Council (BDC) Planning Portal for the application site. Development Proposal 3.18 The development description is: ‘Erection of up to 7 no. self build dwellings. 3.19 The principles of the design of the proposal are discussed in more detail in the following section; Design and Access Statement.

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Planning Statement Land off Marsh Road, Halvergate, Norfolk, NR13 3QB

Figure 2 - Indicative Site layout, drawing number 8000/PL01, by Studio 35 Design Principle and Concept 3.20 The proposal would be designed to the highest standard, ensuring the development fits in with the surrounding area and its distinctive character. The indicative plans show frontage development along the north side of Marsh Road and the supporting Heritage Statement demonstrates development in this area is acceptable. The proposed development would preserve and enhance the open nature of the site and the character of the area in terms of the built form.

3.21 The dwellings would be in keeping with the style of housing in the surrounding area and would use details and materials suitable to the area, so where they would blend in seamlessly. There would be no adverse amenity impacts on neighbouring properties. 3.22 The proposal has been designed to maximise the efficiency and potential amenity of the site, whilst maintaining the area’s existing development pattern and retaining the open nature of the site. The development pattern is considered as a small rural linear settlement.

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Planning Statement Land off Marsh Road, Halvergate, Norfolk, NR13 3QB

View toward south-western corner of the application site Field entrance off Marsh Road.

South side of Marsh Road, opposite the application site Squires Road looking north

Southern boundary of application site View North from the junction of Bakers Road

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Planning Statement Land off Marsh Road, Halvergate, Norfolk, NR13 3QB

View west along Marsh Road View towards south eastern corner of the application site

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Planning Statement Land off Marsh Road, Halvergate, Norfolk, NR13 3QB

Development Plan Considerations 4.1 Section 70 (2) of the Town and Country Planning Act 1990 states that planning applications should be determined in accordance with the development plan unless material considerations indicate otherwise. 4.2 These requirements are applied in a local context via the local planning authority’s development plan and other material policy and guidance documents, and other decisions made by the local planning authority and/or the Planning Inspectorate.

Development Plan 4.3 The Development Plan for Broadland District Council (BDC) comprises the Joint Core Strategy for Broadland, Norwich and South Norfolk (JCS), BDC’s Development Management Development Plan Document (DM) and BDC’s Site Allocations Development Plan Document (SA). This section will assess the relevant policies for these three policy documents. Joint Core Strategy for Broadland, Norwich and South Norfolk 4.4 The JCS was adopted in March 2011 and amended in January 2014 by the Broadland Part of the Norwich Policy Area: Local Plan. The JCS is prepared and used by Broadland District Council, Norwich City Council and South Norfolk Council. The JCS sets out policies to guide future development and change in the Broadland, Norwich and South Norfolk areas, for the period up to 2026, providing the broad strategy for the development of the area. 4.5 JCS Policy 1 addresses climate change and the protection of environmental assets. The policy seeks to promote development which makes efficient appropriate use of land and minimises the need to travel. The proposal seeks to utilise the land by developing up to 7 no. residential dwellings across the frontage of the north side of Marsh Road whilst maintaining the open nature of the surrounding area. This would maximise the efficient use of the site. 4.6 The site is is located in a flood zone 1 which is the lowest risk of flooding and the proposal will not increase flooding elsewhere.The proposal site is located 4 miles from Acle which can be accessed by bus, with bus stops from just 20 metres away from the site. This minimises the need for car travel although short car journeys up to 4 miles are permitted in planning guidance because it recognises the difference between urban and rural areas. The proposal is in accordance with JCS Policy 1. 4.7 JCS Policy 2 seeks to promote good design in new development which respects local distinctness. The proposal has considered the key features of the site and its surroundings, which define the character of the area and prepared a Design Code (See Heritage Statement) which has informed an appropriate development. 4.8 JCS Policy 4 considers housing delivery in the JCS area, a total of 36,820 units of which 1,300 units are allocated in the Broadland Rural Policy Area (RPA) within which the site falls. JCS Policy 17 identifiesHalvergate as a small rural community without a settlement boundary and restricts development to affordable housing but the new High Court ruling demonstrates how housing in already built up settlements can counter social isolation and more importantly, the new NPPF clearly supports development in one area that can support services and facilities in nearby areas. Up to 7 no. new dwellings in Halvergate would certainly support the services and facilities on offer in the settlement, but also in Freethorpe, Cantley and Acle, all of which are within 4 miles of the site.

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Planning Statement Land off Marsh Road, Halvergate, Norfolk, NR13 3QB

4.9 Whilst each scheme must be assessed on a case by case basis, it is considered that the development restrictions that apply under Policy 17 of the JCS no longer apply to Halvergate because the new NPPF carries more weight in the development plan hierarchy. 4.10 The housing requirements and subsequent allocations used by the JCS are over 5 years old as the JCS was adopted in March 2011. The most recent amendments to the JCS in January 2014 did not include alterations to BDC’s housing needs or targets, so the JCS and its evidence base data are over 5 years old and out-of-date according to the National Planning Policy Framework (NPPF) paragraph 33, anddo not represent today’s housing needs for the Broadland District Council area. 4.11 BDC in conjunction with the Greater Norwich Development Partnership (GNDP) prepared a Strategic Housing Market Assessment (SHMA) in June 2017 seeking to update the area’s housing position in the interim period before the emerging local plan is adopted. The SMHA used has, however, yet to be adopted or examined by the Planning Inspectorate and uses an alternative method to calculate housing need. BDC therefore cannot demonstrate their housing need or requirement, and thus cannot demonstrate a five-year housing supply. 4.12 The alternative method used by the GNDP to prepare the SHMA is flawed as the standard approach should be used unless the Development Plan and its strategic policies are up to date to justify an alternative approach, according to NPPF paragraph 73. The JCS is out of date. The standard method is the most up-to-date, widely accepted, and reliable source and is required by the NPPF. With the emerging local plan in its early stages, some way from adoption, there is no reliable understanding of the local housing need and BDC cannot demonstrate that it is has a five-year housing supply. The subsequent impact upon the remainder of BDC’s Development Plan is critical due to the strategichousing policies and figures from the JCS being used to inform many of the policies and site-specific issues of the other development plan documents. 4.13 The most recent JCS Annual Monitoring Report for 2016-2017, published in April 2018 (AMR) states the Rural Policy Area which Halvergate falls within has a five-year housing land supply and is meeting the yearly housing completion targets. However, the AMR is based upon the same housing needs figures taken from the JCS, which are incorrect as stated in the paragraphs above. 4.14 It is noted irrespective of the supply issue, BDC’s Development Plan, alongside Government policies, guidance and decisions seek housing land supply allocations to be regarded as a minimum requirement, with NPPF and National Planning Policy Guidance (NPPG) supporting the contribution rural housing can make towards delivering housing. Therefore deliverable sites should be granted where possible. 4.15 JCS Policy 4 also considers that housing proposals must contribute to the mix of housing and meet the needs of the area. The proposed self-build dwellings would contribute towards the mix of housing in the immediate area. 4.16 JCS Policy 6 seeks to enhance access to existing settlements and rural areas, stating that development should be concentrated close to essential services and facilities to encourage walking and cycling as the primary means of travel with public transport for wider access. The policy also recognises that in the most rural areas the private car will remain an important means of travel. The site is located just metres from a bus stop that travels to Acle and back Monday to Friday each week providing access to the amenities of this Key Service Centre. The local pub, church and village hall in Halvergate itself are all within walking distance and the services listed in Freethorpe, Cantley and Acle are all just a short car journey away (short car journeys are permitted in planning guidance). It is therefore considered the site is appropriately sited close to services and facilities of Halvergate and the surrounding area which would encourage walking and cycling. The proposal is in accordance with JCS Policy 6.

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Planning Statement Land off Marsh Road, Halvergate, Norfolk, NR13 3QB

4.17 JCS Policy 7 promotes development which supports local communities. The policy states that healthier lifestyles will be promoted by providing opportunities for social interaction and greater access to green space and the countryside. Most of the field is beingretain ed and would continue to promote the character of the site as being open grassland, and part of the countryside, which can be enjoyed by the wider community. The proposal is in accordance with JCS Policy 7. Development Management Development Plan Document 4.18 The DM was adopted in August 2015 and sets out policies for development management in the Broadland District Council (BDC) area. 4.19 DM Policy GC1 seeks to implement a presumption in favour of sustainable development for proposals. The policy seeks to enable sustainable development which improves the economic, social and environmental objectives of the area, in line with the NPPF paragraph 8. The policy states that planning applications which accord with the DM will be approved without delay unless material considerations indicate otherwise. 4.20 The policy further states that where; ‘there are no policies relevant to the application or relevant policies are out-of-date…the Council will grant permission unless material considerations indicate otherwise, taking into account whether; i. any adverse impacts of granting permission would significantly and demonstrably outweigh the benefits, when assessed against the National Planning Policy Framework (paragraph 11), or ii. specific policies in the Framework indicate that development should be restricted.’ This position supports the emphasis and weight towards the NPPF for determining this planning application, particularly when considering the principle of housing, which as identified inP aragraphs 4.11 to 4.15; the JCS and its strategic housing policies are out-of-date. 4.21 DM Policy GC2 states that development will be accommodated within the settlement limits defined on the policies map. Development outside settlement limits which does not result in any significant adverse impact will be permitted where it accords with a specific allocation and/or policy of the development plan. The proposal whilst outside of a defined settlement limit is found within the built up settlement of Halvergate, surrounded by other housing, with its own bus service, public house, church and village hall. The High Court ruling is new case law that clearly demonstrates how new development in rural areas can combat social isolation and that services and facilities are no longer – and never were – the primary consideration. The new NPPF supersedes this by concluding development that can support services in nearby areas such as Freethorpe, Cantley and Acle should be looked upon favourably and up to 7 no. new dwellings would enhance and support the rural vitality of Halvergate and the surrounding area as paragraph 78 of the NPPF promotes. The proposal is therefore supported by the new NPPF and although it does not have a settlement boundary, it should be looked upon favourably as the NPPF is higher up the development plan hierarchy. There must therefore be more flexibility with DM Policy GC2 which is now considered out of date. 4.22 DM Policy GC4 seeks development to be of a high standard and avoid significant detrimental impact.The design respects the character and appearance of the area and seeks to retain the site’s open grassland character as far as possible. The design has been informed by the supportingHeritage Statement, and the proposal’s design has been based on this code. The site is in a suitable and sustainable location close to many services and facilities in many nearby settlements as well as in Halvergate itself and the proposal would promote the efficient use of the land. It is therefore considered it is in compliance with DM Policy GC4.

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Planning Statement Land off Marsh Road, Halvergate, Norfolk, NR13 3QB

4.23 DM Policy EN1 addresses the impacts development proposals have on biodiversity and habitats. A Preliminary Ecological Assessment (PEA) was carried out and whilst the site is just under 350 metres from Halvergate Marshes which are designated as a Site of Special Scientific Interest (SSSI), it concludes there would likely be no significant impacts on it from the proposed development. Whilst there are suitable nesting habitats within the southern boundary hedgerow and the northern boundary trees, any clearance should be undertaken outside of bird nesting season, or a detailed inspection for nesting birds should be carried out by a qualified ecologist no more than 48 hours prior to removal of vegetation capable of supporting nesting birds. Finally, although hedgehogs may utilise habitats within the site, careful design of the development should include hedgehog friendly features which could form part of a planning condition to be dealt with at reserved matters stage. Ecological enhancements including a landscape plan for native species-rich hedges, house sparrow boxes for each new dwelling, bat boxes in boundary trees and small passerine nest boxes for garden birds are also proposed and could form conditions in a planning approval. 4.24 An Arboricultural Impact Assessment was also carried out to assess the arboricultural interest of the site. No trees would be removed as part of the proposal and all the existing trees would be provided with protection during the construction phase including protective fencing and pre-emptive root pruning. The protection measures and supervision recommended in the report would be adhered to and it concludes there will be minimal impact on the trees present on the site. The proposal is therefore in compliance with DM Policy EN1. 4.25 DM Policy TS3 considers Highway Safety and TS4 considers parking. The introduction of residential use to the site and the car journeys associated would not have a detrimental impact upon the highway network or highway safety. Sufficient visibility splays are achievable both east and west when leaving the site and each dwelling would have sufficient turning areas for cars to turn and exit the access in forward gear. There would be sufficient parking arrangements for each dwelling and ample space for each occupier to store waste and leave it roadside for collection. See Access Drawing 8000 AD01 for details. The proposal is therefore considered to be in compliance with DM Policy TS3 and TS4.

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Planning Statement Land off Marsh Road, Halvergate, Norfolk, NR13 3QB

Development Plan Assessment Summary 4.26 Both the Joint Core Strategy (JCS) and its evidence base for its housing needs are over 5 years old and out-of-date. The method used in the recent Strategic Housing Marketing Assessment (SHMA) to determine the housing needs for the area in the interim period before the emerging Greater Norwich Local Plan is adopted is flawed, and has not been approved or examined by the Planning Inspectorate. Broadland District Council (BDC) cannot therefore demonstrate a five-year housing supply. Strategic housing policies, such as settlement boundaries (DM policy GC2) should therefore be given less weight in the assessment of the application, as the housing requirements and allocations from BDC’s Development Plan Documents are potentially insufficient for the needs of the area and should viewed as a minimum requirement. In addition, this policy has been marginalised further by the new NPPF and new case law (the High Court ruling regarding isolation) which undermine policy GC2. 4.27 Due to this, NPPF paragraph 11 should be the primary consideration for assessing the principle of the housing application, using the presumption in favour of sustainable development, which is supported by DM Policy GC1, whereby the council should; ‘…grant permission unless material considerations indicate otherwise, taking into account whether; i. any adverse impacts of granting permission would significantly and demonstrably outweigh the benefits, when assessed against the National Planning Policy Framework (paragraph 11), or specific policies in the Framework indicate that development should be restricted.’ 4.28 With regards to site specific issues, the site is in a sustainable location within Halvergate and close to the key service centre of Acle, which are connected to each other by bus. Whilst the site’s ecology value is low, the proposal would retain much of the existing grassland, retaining much of the existing environmental asset. The introduction of private gardens would provide a greater variety of flora, which will encourage more species to the area and enhance the biodiversity of the site (DM Policy EN1). 4.29 It is therefore considered with regards to site-specific issues, the site is in compliance with the Development Plan. With regards to the principle of housing, the presumption in favour of sustainable development should be used, whereby the application will be granted unless material considerations indicate otherwise. Relevant material considerations are considered in the subsequent section.

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Planning Statement Land off Marsh Road, Halvergate, Norfolk, NR13 3QB

Conservation Area Appraisal and Important Views 5.1 The design has been sensitive to the Halvergate and Tunstall Conservation Area Character Appraisal of May 2007 and a Heritage Impact Assessment was commissioned and carried out by a leading specialist of Heritage and Landscape Impacts, as highlighted in paragraph 3.2.0. 5.2 The findings of the Heritage Impact Assessment specialist contained within the report state that the site has the capacity to accommodate the proposals which are carefully considered and respond sensitively to the site and its wider setting within the conservation area. It also highlights that the illustrative layout serves to protect the highly valued landscape feature and that there would be no detrimental impact or substantial harm to either the setting of the designated or non-designated heritage assets or the conservation area. It concludes for these reasons that the proposals have the potential not only to preserve the conservation area but enhance it. The proposal accords with DM Policy EN2. 5.3 We would also highlight that the Conservation Area Appraisal document is over 5 years old and therefore out of date. However, the Conservation Area Appraisal document is still useful. It identifies important trees are to the front of the site. We have carried out an arboricultural impact assessment and designed the proposal so that there would be no impact on the route protection areas of the trees or any need to remove any trees. In terms of important views, the Conservation Area Appraisal document is very clear about the ‘good views’ that are enjoyed in the Conservation Area and that should be paid particular care and attention to. The only ‘good views’ identified within Section 4 of the Council Conservation Area Appraisal which are near the site are, as follows:

Part of Marsh Road, Centred on the Red Lion Public House Good views include: a) looking from Marsh Road towards the Red Lion Public House with the forecourt in front b) Looking up Chapel Road with the Methodist Chapel on the right c) From just past the Chapel Looking across the field towards the marshes beyond d) Looking eastwards from the Junction of Marsh Road and Squires Road downhill to the marshes in the distance

We would highlight that clearly none of the identified ‘good views’ are across the proposed site and are all looking away from the site.

Figures A to D show photographs showing the important views. Figure 4 shows an aerial view and directional arrows representing the important views.

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Planning Statement Land off Marsh Road, Halvergate, Norfolk, NR13 3QB

Figure 3A – ‘Good view A: Source: Google street view image

Figure 3B - Good view A: Source: Google street view image

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Planning Statement Land off Marsh Road, Halvergate, Norfolk, NR13 3QB

Figure 3C - Good View C: Source: Google street view image

Figure 3D - Good View D: Source: Google street view image

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Planning Statement Land off Marsh Road, Halvergate, Norfolk, NR13 3QB

Application Site

Figure 4 – Aerial View showing the ‘Good Views’ identified in the Councils own Conservation Area Appraisal of 2007

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Planning Statement Land off Marsh Road, Halvergate, Norfolk, NR13 3QB

Material Considerations 6.1 This planning application should be determined in accordance with the Development Plan unless material considerations indicate otherwise. From the review of the Development Plan, it is clear that planning permission should be granted for the proposal, unless material considerations indicate otherwise.

6.2 The following material considerations are assessed below: • National Planning Policy Framework (NPPF)

• National Planning Policy & Guidance (NPPG)

• Broadland District Council; Landscape Character Assessment Supplementary Planning Document (LCA)

• Other Decisions and Appeals

National Planning Policy Framework (NPPF) 6.3 The NPPF recently updated in 19 February 2019 sets out the Government’s planning policies and how these are expected to be applied. Considering the policies, the following paragraphs are of particular relevance to the application and are assessed below; • Paragraph 8 – sustainable development and the three overarching objectives;

• Paragraph 11 – presumption in favour of sustainable development;

• Paragraph 33 – review of local plan policies and spatial development strategies;

• Paragraph 61 – housing mix;

• Paragraph 68 – small and medium sizes sites contribution to housing requirements;

• Paragraph 73 – five-year housing land supply;

• Paragraph 79 – isolated homes;

• Paragraph 118 – promoting net environmental gains and the effective use of land;

• Paragraph 192 – proposals affecting heritage assets;

• Paragraph 193 – considering potential impacts on heritage assets;

• Paragraph 196 – impact on heritage asset v public benefit; and

• Paragraph 200 – new developments within Conservation Areas. 6.4 Paragraph 10 of the NPPF states ‘so that sustainable development is pursued in a positive way, at the heart of the Framework is a presumption in favour of sustainable development’. Paragraph 8 of the NPPF sets out three dimensions to sustainable development: • Economic – helping to build a strong, responsive and competitive economy 18 | P a g e

Planning Statement Land off Marsh Road, Halvergate, Norfolk, NR13 3QB

• Social - supporting strong, vibrant and healthy communities. • Environmental - contributing to protecting and enhancing our natural, built and historic environment. 6.5 These objectives are interdependent and need to be pursued in mutually supportive ways so opportunities can be taken to secure net gains across each. Paragraph 9 states that these are not criteria against which every decision can or should be judged; policies and decisions should play an active role in guiding development to sustainable solutions but should also take in to account local circumstances to reflect the character, needs and opportunities of each area. At paragraph 38, it is highlighted that local planning authorities should approach decisions in a positive and creative way; working proactively with applicants to secure developments that will improve the economic, social and environmental conditions of the area is recommended. To be considered deliverable, sites should be available now, offer a suitable location for development now and be achievable with a realistic prospect that the development will be delivered on the site within five years. 6.6 Another dimension of the NPPF is the role in boosting the supply of housing in England. In order to support the Government’s objective of significantly boosting the supply of homes, it is important that a sufficient amount and variety of land can come forward where it is needed. Policies should identify a sufficient supply and mix of sites, taking into account their availability, suitability and likely economic viability. The NPPF requires local planning authorities to identify and update annually a supply of specific deliverable sites:

“…sufficient to provide minimuma of five years’ worth of housing against their housing requirement set out in adopted strategic policies, or against their local housing need where the strategic policies are more than five years old”. 6.7 The NPPF, at paragraph 11(d) states that where a local planning authority cannot demonstrate a five year land supply of deliverable housing sites, including the appropriate buffer as set out in paragraph 73, relevant policies will be considered out of date. In these circumstances, permission should be granted unless policies protecting assets of importance provide a clear reason for refusal, or any impacts of the development would significantly and demonstrably outweigh the benefits when assessed against the Framework as a whole. 6.8 The Council is not able to demonstrate the requisite supply and as such, policies are out of date in so far as they relate to restricting housing outside of settlement boundaries. Consequently, policies relating to housing such as policy GC2 of the Broadland District Council Local Plan are considered out of date and the proposal should be considered with a presumption in favour of sustainable development unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits. Accordingly, it is not considered that there are any demonstrated significant impacts that outweigh the benefits. In this instance, there are no specific policies which would restrict development; the proposal would contribute to supporting local services and facilities; would support the rural economy; would help the Council and Central Government meet housing targets; and make efficient and effective use of unused land. 6.9 Furthermore, there has been much concern nationally about the availability of rural housing for local people. This was highlighted by the Country Land Association in a release dated the 12th January 2017. They addressed what they referred to as a ‘rural housing crisis’ in East Anglia. The CLA East Director stated that:

“We need places for people to live in our villages. We want to support young families, local workers and those in the community who are ready to downsize. Housing costs are spiralling so providing more houses people can

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Planning Statement Land off Marsh Road, Halvergate, Norfolk, NR13 3QB

afford is the only way to sustain rural communities for future generations and ensure people have the opportunity to live and work in the countryside.” 6.10 Paragraph 78 of the NPPF states that in order to promote sustainable development in rural locations housing should be sited where it enhances or maintains the vitality of rural communities. Paragraph 79 requires development to avoid isolated homes in the countryside. The Court of Appeal, upholding the decision of the High Court, has clarified that ‘isolated’ means “a dwelling that is physically separate or remote from a settlement”; it is not related to ‘access to services’ but proximity to other dwellings (Braintree DC v SSCLG [2018] EWCA Civ. 610 Case No: C1/2017/3292). It also confirmed that access to services by sustainable means is to be taken in the context of other policy considerations such as supporting the rural economy. 6.11 Furthermore, the Court found that to class homes separated from services and facilities as isolated would be contrary to the aim of the policy to maintain and enhance the vitality of rural communities. It would deny the contribution that proposed dwellings well located to other dwellings would make to the social sustainability of rural communities and it would diminish the benefit of development in one settlement helping support services in another. This is further confirmed by the NPPF at paragraph 84 which recognises that in order to support rural business and community needs, development may have to be located adjacent to or beyond existing settlements, and in areas not well served by public transport. That said, there is a bus service to the key service centre of Acle in very close proximity to the proposal site. 6.12 Accordingly, it is our belief that this development would significantly help support the rural community of Halvergate and the surrounding area. The proposal is located within an existing cluster of dwellings and the revised NPPF recognises that opportunities to maximise sustainable transport options will vary between urban and rural areas; whilst not all services may be readily accessible on foot, a short car journey is all that is required. The site is connected to bus stops as we have considered and in the final analysis it is a relatively sustainable location. 6.13 As such, this development should be considered favourably given the relationship of the site with other dwellings nearby, the lack of valid five year land supply and the economic, social and environmental benefits that would result from this development. Accordingly, we would stress that the provision of up to 7 no. dwellings would be of benefit to the village, helping keep local services and facilities economically viable whilst supporting the vitality of the community. The proposal would help provide jobs for local people, use local services and community facilities and contribute to ensuring the longevity of the rural economy within the area. 6.14 The NPPF indicates that planning should contribute to the protection and enhancement of valued landscapes and that the design of new development should be sympathetic to local character and history, establish a strong sense of place and create places that are safe, inclusive and accessible. Good design is considered a key aspect of sustainable development. The proposed dwellings would be carefully designed to the highest standards at reserved matters stage to ensure that they are cohesive with the surrounding area and the character of the village, whilst creating a distinctive and attractive development that optimises the potential of the site. 6.15 Accordingly, we believe the proposal to be sustainable in line with the NPPF which should be considered a material consideration in determining applications.

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Planning Statement Land off Marsh Road, Halvergate, Norfolk, NR13 3QB

National Planning Policy Guidance 6.16 The NPPG on Rural Housing notes the essential role rural housing plays in ensuring the viable use of local facilities such as schools, local shops, cultural venues, public houses and places of worship, to promote thriving rural communities. The proposal is a form of sustainable development and would help retain the local facilities and amenities of Halvergate, contributing towards its continuation as a thriving rural community. 6.17 The NPPG further states; ‘…all settlements can play a role in delivering sustainable development in rural areas and so blanket policies restricting housing development in some settlements and preventing other settlements from expanding should be avoided unless their use can be supported by robust evidence.’ This blanket policy does not provide robust evidence as why the application site should not be re-developed into housing, and the principle is supported by the NPPF and NPPG. 6.18 With the above in mind, the development site should be considered in line with National Planning Practice Guidance. Halvergate and the surrounding area accommodate a number of services and facilities which would benefit from the addition of further housing. Furthermore, it is interesting to note that whilst in some areas facilities and services may not be readily available on foot, the NPPG does recognise that ‘sustainable transport solutions will vary from urban to rural areas’. Accordingly, short car journeys and bicycle trips to places with services and facilities available are considered viable modes of transport.

NPPG Self-build and custom housebuilding 6.19 Paragraph 61 of the NPPF recognises the importance of self-build housing, and the NPPG provides more detail on how planning authorities should manage self-build housing. Section 2(1) of the Self-build and Custom Housebuilding Act 2015 (as amended by the Housing and Planning Act 2016) places a duty on relevant authorities to have regard to each self-build and custom housebuilding register (containing details of individuals and associations of individuals who are seeking to acquire serviced plots of land) when carrying out their planning, housing, land disposal and regeneration functions. BDC are one such named relevant authority. 6.20 The NPPG suggests the duty of the relevant authority may be demonstrated by: ‘(i) Planning The planning functions of an authority may include both plan-making and decision-taking functions. The registers that relate to their area may be a material consideration in decision-taking. Relevant authorities with plan-making functions should use their evidence on demand for this form of housing fromthe registers that relate to their area in developing their Local Plan and associated documents (our emphasis added). (ii) Housing Local housing authorities who are under the duty to have regard to registers that relate to their areas should consider the evidence of demand for self-build and custom housebuilding from the registers when carrying out their housing functions. This includes when preparing their local housing strategies and in developing plans for new housing on land owned by the local housing authority (our emphasis added).’

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Planning Statement Land off Marsh Road, Halvergate, Norfolk, NR13 3QB

6.21 The NPPG explains how relevant authorities must give sustainable development permission to enough suitable serviced plots of land to meet the demand for self-build and custom housebuilding in their area. A serviced plot of land, as defined by the guidance, is one that either has access to a public highway and has connections for electricity, water and waste water, or, in the opinion of a relevant authority, can be provided with access to this infrastructure within the duration of development permission granted in relation to that land. The application site meets this criteria and, as such, is suitable for consideration as a ‘serviced plot’. 6.22 The NPPG states that relevant authorities should consider how best to support self-build and custom housebuilding, including; developing policies in their Local Plan for self-build and custom housebuilding and working with custom build developers to maximise opportunities for self-build and custom housebuilding. From reviewing the BDC Development Plan (see section 4) the JCS, DM and SA are effectively silent on the matter of ‘self-build’ or ‘custom’ housing, with no references, provision or allocations forthis type of development. Whilst BDC have a self-build register in place, when considering its position on self-build and custom housebuilding against the NPPG guidance, they have failed to meet their overall duty in making appropriate provision for self- build and custom housing. 6.23 The Government’s intention to ensure relevant authorities give appropriate provision of self-build and custom is clear, and demonstrated further by a recent Appeal decision relating to a self-build scheme in South Norfolk District Council (Appeal reference: APP/L2630/W/15/3005707). The Planning Inspectorate considered the planning authority had an absence of policies and/or land allocations specifically relating to self-build or custom housebuilding and consequently considered that their development plan was silent on such matters and the scheme should be assessed in accordance with paragraph 14 of the NPPF (paragraph 11 of the revised NPPF). The Planning Inspector concluded:

‘Whilst it may be the case that some opportunities to accommodate local demand for self-build could come forward on individual sites and as part of wider housing allocations, from the evidence before me this is not part of a proactive or positively planned approach for this sector as required by the NPPF at paragraphs 50 and 159 (paragraph 61 and 68 of the revised NPPF) and the PPG. Accordingly, I find that the development plan is silent on self-build housing proposals and as such the proposals should be considered in terms of the balance for decision takers at the second part of paragraph 14 of the NPPF.’ 6.24 It is considered that similarly BDC has not been proactive in ensuring there is provision or using a positive planning approach for the self-build and custom housebuilding sector, as required by the NPPF, due to there being no specific policies or land allocations that will ensure supply in this sector. Due to BDC’s silence on this matter, this is a further reason why the application ought to be considered within the context of part d) of paragraph 11 of the NPPF, whereby where there are no relevant development plan policies. As assessed in Paragraph 5.4 planning permission should be granted unless the NPPF precludes development, in such a location or where the adverse impacts of the development outweigh the benefits, neither of which were considered to be the case for the application. It is therefore considered planning permission for the proposal should be granted.

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Planning Statement Land off Marsh Road, Halvergate, Norfolk, NR13 3QB

Other Decisions and Appeals 6.25 The following decisions have been considered throughout which raise the following issues and are supportive of the proposal:

• Appeal Decision - APP/L2630/W/18/3197272 (7 September 2018) - NPPF paragraph 68; Small sites and self-build housing

- NPPF paragraph 79; Isolated Homes; and - Five year housing land supply and delivery of housing

• Appeal Decision APP/L2630/W/15/3005707 (24 July 2015)

- NPPF paragraph 11; Presumption in favour of sustainable development - NPPF paragraph 61; Mix of Housing types, including self-build housing; and - NPPF paragraph 68; Small sites and self-build housing

• Court of Appeal Judgement - Braintree District Council v Secretary of State for Communities and Local Government & Greyread Ltd & Granville Developments case [2018] (EWCA Civ 610 Case No: C1/2017/3292) o NPPF paragraph 79; Isolated Homes

6.26 A good example of how the spirit of the High Court ruling is now being applied by appeals inspectors can be seen in appendix 1. This was allowed on 10th October 2018 and the key points and considerations of the scheme by the Inspector are as follows: • Accepts Newman’s Green is classed as countryside in terms of the Local Plan. • Accepts that Newmans Green contains no facilities. • Accepts nearest facilities/service would not be a convenient walking distance and the connecting roads are unlit and without footpaths anyway. • Accepts conflict with up-to-date Local Plan policies insofar as these seek to promote sustainable development through resisting new housing in locations without services. • Accepts Babergh District Council has a 5-year land supply and therefore does not apply the ‘tilted balance’. • Identifies that meeting the requirements of paragraph 73 is not intended as a ceiling on further housing, where the Framework continues to support Government’s objective to significantly boost the supply of homes. • Finds the location would not comprise the development of isolated homes in the countryside. • Finds the proposal would gain support through NPPF paragraph 78. • Finds that although future occupiers would be mainly dependent on private car journeys these would be relatively short drives. • Recognises the Framework requires that decisions take into account that opportunities to maximise sustainable transport solutions will vary between urban and rural areas. • Finds conflict with Local Planning Authority policy would be off-set by the national policy considerations (including boosting supply of new homes).

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Planning Statement Land off Marsh Road, Halvergate, Norfolk, NR13 3QB

• Finds the contribution to housing supply from two dwellings would be quite limited but the Framework recognises (para. 68) that small sites can make an important contribution to meeting the requirement of an area and are often built-out relatively quickly.

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Planning Statement Land off Marsh Road, Halvergate, Norfolk, NR13 3QB

Assessment of Sustainable Development 7.1 In making this assessment, Parker Planning Services Ltd addressed the following:

• Deliverability of the site • Economic considerations • Environmental considerations • Social considerations • Access to services and facilities

7.2 It is considered that in doing so this statement can demonstrate that the proposal is sustainable as defined by the NPPF.

Deliverability of the Site 7.3 Sites will only be considered deliverable when they are available now, offer a suitable location for development now and are achievable with a realistic prospect that housing will be delivered on the site within 5 years. The applicant owns the site in freehold and there are no known issues with the site. 7.4 The site is a short walk or cycle ride from the services and facilities available in Halvergate and a short car journey from facilities and services in surrounding villages as clearly demonstrated already. In line with the revised NPPF and NPPG, such services and facilities should be protected wherever possible. Delivery of this site would help the council work towards meeting its housing supply as well as meeting central government desires for the provision of further housing across the country. Development of the site would commence and be delivered on the site within the five year period; there are no known reasons why development on this site could not be achieved within the plan period. Environmental Considerations 7.5 Development should contribute to protecting and enhancing the natural, built and historic environment, including making effective use of land and moving towards a low carbon economy. The site forms part of an unused field and its reuse forup to 7 no. residential dwellings would be anefficient use considering its suitable location in relation to services, facilities and bus stops in the village. Consequently, the location of the site means that local services and facilities lie within a short distance and the proposal would certainly not result in over dependence on private motor vehicles. Whilst it should be noted that the NPPF does recognise that sustainable transport solutions will vary between rural and urban areas as we will consider in more detail shortly, walking, cycling and public transport are realistic and viable options for residents. 7.6 Whilst located outside of a settlement boundary, the site is bounded by existing residential development. The layout would be determined at reserved matters stage but indicative plans are provided. The scheme would seek to respect the existing residences adjacent to the site whilst making the most effective use of the land available in order to provide a suitable, sustainable development. Proposed landscaping would provide enhance the character area and create an attractive development where people would want to live today and well into the future.

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Planning Statement Land off Marsh Road, Halvergate, Norfolk, NR13 3QB

7.7 It is considered that the site is well connected to existing infrastructure provision; as such it is unlikely the development of the site would generate negative associated infrastructure works that might damage the environment in and around the locality of Halvergate. 7.8 A Preliminary Ecological Appraisal (PEA) was carried out on the development site and concludes that there are no environmental or ecological reasons why the development cannot proceed. Various enhancement and mitigation measures are recommended which would provide important environmental and ecological benefits to the area. All can be secured by way of an appropriate planning condition. Economic Considerations 7.9 Developments should seek to utilise land that is in the right place and at the right time to support growth and infrastructure in order to build a strong, responsive and competitive economy. Whilst paragraph 83(d) of the NPPF states that in order to support a prosperous rural economy, planning decisions should enable “the retention and development of accessible local services and community facilities”. As already highlighted, sites to meet these needs may be found beyond existing settlements and in locations not well served by public transport. The site is, however, served by a bus service with bus stops just metres away. Short car journeys are permitted in planning guidance in any case to access services and facilities in nearby settlements to keep them economically viable for the benefit of the wider community. 7.10 It is considered that the proposal would result in direct economic benefits for the locality of Halvergate, but also the wider area. Some short-term benefits would arise from the employment of local persons and businesses for the physical construction of the development and their use of local facilities during the construction period. In the long-term, economic benefits would arise from the provision of up to 7 no. new dwellings, providing additional support for the services and facilities already on offer Halvergatein and nearby settlements. As stated at paragraph 78 of the revised NPPF, development in smaller settlements may support services in villages nearby and enhance the vitality of rural communities. 7.11 It is our contention that these benefits are not outweighed by any perceived harm, which is howthis application must be decided in the absence of a 5 year housing land supply. Social Considerations 7.12 Up to 7 no. dwellings would fulfil an Objectively Assessed Need (OAN) in the districtbecause of their self-build status which is a significant social benefit, particularly in light of Broadland being silent on the matter. 7.13 Developments should seek to support strong, vibrant and healthy communities, ensuring a sufficient range and number of homes are provided to meet the needs of present and future generations. A number of community groups and social activities take place within Halvergate and nearby settlements. The Village Hall holds a number of classes and activities for the village, demonstrating its social sustainability of the village. Development of the site for residential purposes would help contribute to supporting and maintaining local services, the local community and social vibrancy. The decision of the Court of Appeal (Braintree DC v SSCLG [2018] EWCA Civ. 610 Case No: C1/2017/3292) reinforces the importance of new development in supporting the social sustainability of rural villages and this should not be overlooked. It also highlights who it can combat social isolation.

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Planning Statement Land off Marsh Road, Halvergate, Norfolk, NR13 3QB

Access to Services and Facilities 7.14 The application site is well located to a variety of services, facilities and employment opportunities within the settlement of Halvergate and the surrounding area. 7.15 Services and facilities considered advantageous when assessing a sites sustainability fall under the following headings:

• Education • Religion • Food and Drink • Transportation • Community 7.16 Locations are not expected to display the full range of services and facilities required on a day to day basis, rather those considered important to a community’s well-being. 7.17 The village of Halvergate offers a public house and restaurant just metres to the site’s east on Marsh Road, St Peter and Paul’s church, a village hall and a farm. Within Halvergate and just 20 metres from the site is a bus stop and buses travel between Halvergate and Freethorpe from Monday to Friday each week. 7.18 The village of Freethorpe is 1.5 miles to the site’s south west and has a public house, a primary school and a Methodist church. 7.19 The village of Cantley is 3.6 miles from the site which has a primary school and nursery, a church, a public house and a railway station. Trains go to Norwich and Great Yarmouth on a regular basis. 7.20 Reedham is 3.8 miles from the site which has a village shop, a café, a primary school and a railway station. 7.21 The market town of Acle is just 4 miles away by road and contains a comprehensive range of services and facilities for day to day needs.

7.22 In addition, the following clubs operate within the village including: • Parish Council • Bowls Club • Cricket Club • Quiz night • Open mic nights • Vinyl nights

7.23 We considered in Section 5.24 how National Planning Practice Guidance recognises there are differences between urban and rural areas and how short car journeys are acceptable, particularly if the rural housing crisis is to be addressed. Whilst it may be the case that not all services are easily accessible on foot for the site subject to this proposal, only a short cycle/ car/bus journey is required. Building on this point, appeal APP/L2630/W/15/3003743 was a proposal for 7 houses in South Norfolk. Here the main issue was the suitability of the site for housing having regard to the principles of sustainable development. Many residents highlighted the limited access to local facilities and services. The Inspector deemed in this instance that while there were a lack of services and facilities available within the immediate vicinity of the site, the NPPF:

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Planning Statement Land off Marsh Road, Halvergate, Norfolk, NR13 3QB

“24.…recognises that opportunities to maximise sustainable transport solutions will vary from urban to rural areas and account needs to be taken of this. Even though future residents are likely to rely on the private car to meet most needs, the nearest towns … are only about 3-4 miles away. Journeys to these locations would be short and this is a significant factor in assessing the sustainability of the appeal site.” 7.24 In making their assessment the Inspector highlighted guidance within the NPPG, which states that, ‘sustainable transport solutions will vary from urban to rural areas’. 7.25 A similar appeal in Breckland is APP/F2605/W/16/3148954, where again the main issue was access to services and facilities. The Inspector in their decision stated: “7. The site is in the countryside, outside any defined settlement boundary. The proposal conflicts with the approach of Policy CP14. The dwellings would not be isolated in that there would be other dwellings and buildings nearby. They would be remote from towns and villages where services, facilities and employment are focused. It is likely that their occupiers would be reliant on journeys by car, at least for the most part. The Framework promotes sustainable transport modes including walking, cycling and public transport. However, it also recognises that opportunities to maximise their use will vary from urban to rural areas.” 7.26 An appeal decision of particular interest was allowed on 21st August 2018 in Besthorpe, also in Breckland District. The appeal is for 1 no. dwelling and the decision in appendix 1 provides clear information in relation to the distances from services and facilities and the need for private car, particularly in light of the new NPPF. The most relevant paragraphs from that appeal decision are as follows:

“11. The Council considers that the route to the bus stop and from thence to Attleborough does not provide easy access to the facilities there. However, as previously noted, there is a footpath along Silver Street to the bus stop and the service runs regularly (about every ½ hour) into Attleborough. The total journey from the appeal site, if timed to meet a particular bus, would take about 20 minutes. Attleborough is about 2.5 – 3 miles away by road, so even if the occupants of the new dwelling were to use a private car to travel there, the journey is a relatively short one [emphasis added].

14. The new house would help to support local services and the Framework accepts, in paragraph 103, that sustainable transport solutions will vary between rural and urban areas. I consider that any harm arising from the distance of the site from the development boundary and public transport facilities is minimal and not great enough to demonstrably outweigh the benefits noted above.

15. Therefore, whilst there is a conflict with policies CP14 and DC2 of the DPD, I conclude that this is outweighed by the benefits set out above and the requirements of the Framework and these material considerations indicate that planning permission should therefore be granted for the proposal.”

7.27 Paragraph 11 is of particular interest because it clearly states that a car journey of 2.5 – 3 miles to the market town of Attleborough is acceptable in line with planning policy guidance. Freethorpe, Reedham, Cantley and Acle are all around this distance away and the benefits of up to 7 no. new dwellings are significantly greater than the 1 no. dwelling subject to this appeal.

7.28 Finally, as previously discussed in Section 4.3, ‘isolation’ in line with Paragraph 79 is not related to ‘access to services’ rather to proximity to other dwellings and the main settlement. The Court of Appeal case further clarified that access to services by sustainable means is to be considered in the context of other policy considerations such as supporting the rural economy. The proposal site isin close proximity to existing 28 | P a g e

Planning Statement Land off Marsh Road, Halvergate, Norfolk, NR13 3QB

residential development and located in a reasonably sustainable location with good access to a vast array of local facilities and services. A number of community facilities are available in the village, and a short car journey is all that is required to enjoy the abundance of services, facilities, clubs, societies, employment opportunities and transport options available in the wider area. We have seen already how car journeys of around 3-4 miles are deemed appropriate by planning guidance and planning inspectors in order to support the rural economy and address the rural housing crisis. Bus services are also available in close proximity to the site. 7.29 It is therefore considered that the site subject to this proposal has sufficient access to services and facilities on offer in Halvergate and the surrounding area for new dwellings to be provided and for the site to be considered a sustainable location in line with the National Planning Policy Framework.

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Planning Statement Land off Marsh Road, Halvergate, Norfolk, NR13 3QB

Conclusion 8.1 Section 70 (2) of the Town and Country Planning Act 1990 states that planning applications should be determined in accordance with the Development Plan unless material considerations indicate otherwise. We have considered the application against the policies of Broadland District Council’s (BDC) current operational Development Plan, which comprises of the Joint Core Strategy for Broadland, Norwich and South Norfolk (JCS), BDC’s Development Management Development Plan Document (DM) and BDC’s Site Allocations Development Plan Document (SA). The PDS has also considered relevant material considerations. 8.2 When considering the planning authority’s Development Plan, BDC has failed to demonstrate a 5-year Housing Land Supply as per paragraph 73 of the NPPF, due to the JCS and its evidence base being out-of-date. The subsequent Strategic Market Housing Assessment (SMHA) prepared by the Greater Norwich Development Partnership (GNDP) seeking to update the area’s housing position in the interim period before the emerging local plan is adopted, has yet to be examined by the Planning Inspectorate and uses an alternative method to calculate housing need, which is considered to be flawed. Therefore, BDC cannot demonstrate their housing need or requirement, and thus cannot demonstrate a five-year housing supply. 8.3 Therefore, the Housing policies and allocations of the Development Plan, including restrictions to housing development outside settlement boundaries are considered to be out-of-date and NPPF paragraph 11’s presumption in favour of sustainable development applies. As per NPPF paragraph 11 planning permission should be granted, unless policies within the NPPF provide clear reason to refuse the application, and any adverse impacts of the proposal significantly and demonstrably outweigh the benefits. 8.4 This self-build residential development proposal has been considered against other policies within the Development Plan and the proposal is considered to be in compliance with these. Up to 7 no. self build dwellings would fill an objectively assessed need in the district. It is noted that the BDC Development Plan, alongside Government policies, guidance and decisions seek housing land supply allocations to be regarded as a minimum requirement, with NPPF and NPPG supporting the contribution small scale self-build and custom housebuilding can make towards delivering housing. BDC’s Development Plan has an absence of policies or land allocations towards self-build or custom housebuilding and NPPG and NPPF guidance means the proposal should furthermore be assessed in accordance with paragraph 11 of the NPPF, applying a presumption in favour of sustainable development. 8.5 The design of the proposal would be informed by the supporting Heritage Statement at reserved matters stage but it concludes development would not have a detrimental impact on the character of the area.

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Planning Statement Land off Marsh Road, Halvergate, Norfolk, NR13 3QB

8.6 Relevant material considerations have been assessed to consider the benefits and impacts of the proposal, and it is considered the benefits of the proposal outweigh any adverse impact to a considerable degree. Whilst the site is located outside of a settlement boundary and is considered as development in the countryside, NPPF allows exceptions where appropriate. When considering the issue of development in the countryside and NPPF paragraph 79 ‘Isolated Homes’, the site should not be considered isolated in line with the decision of the Court of Appeal. It is located within a development pattern of other residential dwellings and agricultural buildings, and the settlement’s local amenities and businesses are within a short walking distance. Nearby bus stops provide access to nearby larger settlements and the option of a short car journey is supported by NPPF paragraph 84 and in planning guidance. It is therefore considered the site is not ‘functionally’ isolated. The small scale housing proposal would help support the services and facilities provided within Halvergate and nearby settlements, enhance rural vitality in the wider area as well as social sustainability whilst countering social isolation. 8.7 From considering the application against paragraph 8 of the NPPF which outlines the overarching objectives to achieve sustainable development; the proposal is considered to be a sustainable development in economic, environmental and social terms. The development maximises the efficient use of the land and features of the site, and a local bus service minimises CO2 emissions by providing alternative transport options. Self-build provides an objectively assessed social need as has been considered already and services and facilities in the local and surrounding area would be kept economically viable by up to 7 no. new dwellings. 8.8 In summary it is considered the self-build residential development would form a viable and sustainable proposal in keeping with both national and local policy, and providing much needed housing in the BDC area. The benefits of the proposal outweigh any adverse impact (if any), and therefore the application should be approved.

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Planning Statement Land off Marsh Road, Halvergate, Norfolk, NR13 3QB

Appendix 1 – Newmans Green Appeal Decision 9.1 This appeal decision relates to a recent site we dealt with and is similar to many appeal decisions for similar sites. Halvergate is arguably a better location in terms of access to facilities and services than Newman’s Green. We would also note that at the time of the Appeal Decision, it never mattered whether the Council had a 5 year housing supply or not, as made clear within the Inspector’s Appeal Decision. 9.2 This appeal was allowed on 10th October and clearly demonstrates Councils generally are not keeping up with new case law and national policy. The main points are bulleted below:

• Accepts Newman’s Green is classed as countryside in terms of the Local Plan. • Accepts that Newmans Green contains no facilities. • Accepts nearest facilities/service would not be a convenient walking distance and the connecting roads are unlit and without footpaths anyway. • Accepts conflict with up-to-date LP policies insofar as these seek to promote sustainable development through resisting new housing in locations without services. • Accepts the Council has a 5-year land supply and therefore does not apply the ‘tilted balance’. • Identifies that meeting the requirements of paragraph 73 is not intended as a ceiling on further housing, where the Framework continues to support Government’s objective to significantly boost the supply of homes. • Finds the location would not comprise the development of isolated homes in the countryside. • Finds the proposal would gain support through NPPF paragraph 78. • Finds that although future occupiers would be mainly dependent on private car journeys these would be relatively short drives. • Recognises the Framework requires that decisions take into account that opportunities to maximise sustainable transport solutions will vary between urban and rural areas. • Finds conflict with LPA policy would be off-set by the national policy considerations (including boosting supply of new homes). • Finds the contribution to housing supply from two dwellings would be quite limited but the Framework recognises (para. 68) that small sites can make an important contribution to meeting the requirement of an area and are often built-out relatively quickly.

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Planning Statement Land off Marsh Road, Halvergate, Norfolk, NR13 3QB

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Planning Statement Land off Marsh Road, Halvergate, Norfolk, NR13 3QB

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