Housing and residential moorings

30.1 Allocations for residential dwellings and residential moorings

Following the Call for Sites as part of the Issues and Options consultation held towards the end of 2022, the sites put forward were assessed against set criteria with stakeholders providing comments. The Housing and Economic Land Availability Assessment (HELAA) concluded if sites were suitable for development or not.

The following table shows the sites that are allocated for residential dwellings. It shows a total of 271 residential dwellings would be allocated. The need to be addressed in the Local Plan is 358 dwellings. Please note that permissions granted since April 2021 will count towards the need (21/22 period, 21 dwellings and 22/23 period, 3 dwellings - totalling 24 dwellings). The Authority will need to undertake another call for sites as part of this Preferred Options consultation. Please note that POSTO1 (4 dwellings), POTHU1 (16 dwellings) and POOUL2 (76 dwellings) already have planning permission and were not assessed in the HELAA but will still be included in the Local Plan until they are built out.

Site

Number of residential dwellings

Utilities Site

271

The following table shows the sites that are intended to be allocated for residential moorings. It shows a total of 53 residential moorings are allocated. The need to be addressed in the Local Plan is 48 residential moorings.

Site

Number of residential moorings

Brundall Gardens Marina – small marina

2

Brundall Gardens Marina – large marina

6

Greenway Marine, Chedgrave

5

Hipperson’s Boatyard, Gillingham

5

Loddon Marina

10

Somerleyton Marina

15

Richardson’s Boatyard, Stalham Staithe

10

Total:

53

30.2 Housing and Residential Moorings Trajectories

The housing and residential moorings trajectories can be found at Appendix 11. These set out when development allocated in this Local Plan is estimated to come forward.

30.3 Call for Sites

We are undertaking a call for sites for residential dwellings, gypsy and traveller sites and residential caravans. This will require the provision of information and a form is available for you to fill in. This needs to be completed in full and submitted to the Broads Authority for assessment by 4pm 17 May 2024 (the date the consultation on the Preferred Options ends). We will work with stakeholders to assess any sites brought forward. We cannot guarantee that your site will be allocated as we may not deem it suitable for allocation in the Local Plan. We will set out our reasons for any decision we make. There are many constraints to development in the Broads.

  • If you wish to put a site forward for us to consider for residential dwellings, gypsy and traveller sites and residential caravans please fill out the survey that can be found here: https://arcg.is/LGeP50

Policy POSP15: Residential development

Meeting the Objectively Assessed Housing Need

  1. The Authority will endeavour to enable housing delivery to meet its objectively assessed housing need throughout the Plan period (2021 to 2041) which is 358 dwellings[124].
  2. A contribution from housing development towards the provision of affordable housing will be sought.

Meeting the Objectively Assessed Residential Moorings Need

  1. The Authority will endeavour to enable residential moorings delivery to meet its objectively assessed residential moorings need throughout the Plan period (2021 to 2041) which is 48 residential moorings.

Meeting the Objectively Assessed Gypsy and Traveller and Travelling Show People Need

  1. At the time of finalising the Local Plan, this piece of evidence had been delayed. As such, there is a call for sites for Gypsy and Traveller pitches around the Broads. The final draft Local Plan will contain information on need.

The type of new homes

  1. The size and type of homes for each proposal will be based on up-to date evidence of local needs. A suitable mix will be determined through liaison with housing authorities and rural housing enablers where applicable. The size of dwellings will be commensurate with the latest Local Housing Needs Assessment.

Protecting Habitat Sites

  1. Project Level Habitats Regulation Assessments will be needed to assess implications on sensitive habitat sites.

Spatial Strategy

  1. The Authority will direct development to meet the amount of housing as set out in this policy to the following locations:
    1. For residential dwellings:
      1. Development proposals will be located to protect the countryside from inappropriate uses to achieve sustainable patterns of development, by concentrating development in locations with local facilities, high levels of accessibility and where previously developed land is utilised; or
      2. Brownfield sites at Pegasus in Oulton Broad, Utilities Site in Norwich, and Hedera House in Thurne, and the greenfield site at Stokesby, as detailed in the site allocation section of this Local Plan[125]; or
      3. In relation to windfall, those areas within development boundaries as detailed in policy PODM43 ; or
      4. Housing will only be permitted elsewhere where it is necessary, and subsequently retained, in connection with rural enterprises (PODM46), replacement dwellings (PODM49) or to provide affordable housing where local need has been demonstrated in District Councils’ or local housing needs surveys.
    2. For residential moorings,
      1. The following boatyards/marinas are allocated: Brundall Gardens Marina, Greenway Marine (Chedgrave), Hipperson’s Boatyard (Gillingham), Loddon Marina, Somerleyton Marina, Richardson’s (Stalham Staithe).
      2. In relation to windfall, is in a mooring basin, marina or boatyard that is within or adjacent to a defined development boundary or 800m/10 minutes walking distance to three or more key services (see reasoned justification to PODM45) and the walking route can be used and likely to be used safely, all year round or is in Norwich City Council’s Administrative Area.
    3. For Gypsy and Travellers and Travelling Showpeople
      1. In relation to windfall, are well related to existing settlements, services and facilities.

Loss of housing or residential moorings

  1. Development proposals that result in a net loss of housing, permitted/lawful gypsy and traveller sites or residential moorings are not likely to be supported unless there is a clear justification submitted as part of a planning application.

Stepped housing requirement

  • The Authority has adopted a stepped housing requirement to reflect the inclusion of a strategic site, namely the Utilities Site, which is part of the wider East Norwich Regeneration Scheme. The stepped housing requirement is set out in the supporting text to this policy.

Reasoned Justification

The Objectively Assessed Housing Need for the Broads is as follows:

District

Objectively Assessed Housing Need

Annual average from 2021 to 2041

Broadland

105

5.25

North Norfolk

97

4.85

Norwich

6

0.3

South Norfolk

68

3.4

Great Yarmouth

59

2.95

East Suffolk

23

1.15

Total:

358

17.9

For the avoidance of doubt, each element of the Broad’s Objectively Assessed Need identified in the table above for each of the six districts also forms part of each district’s objectively assessed need and is not additional to.

The residential moorings need is 48.

The Gypsy and Traveller need is <<to be included in next version of Local Plan>>

The NPPF at paragraph 11. b) requires Local Planning Authorities to meet the needs for housing, but the through the footnotes, protects the Broads as follows:

‘strategic policies should, as a minimum, provide for objectively assessed needs for housing and other uses, as well as any needs that cannot be met within neighbouring areas6, unless:

i. the application of policies in this Framework that protect areas or assets of particular importance provides a strong reason for restricting the overall scale, type or distribution of development in the plan area7; or

ii. any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole’.

Footnote 6 ‘As established through statements of common ground (see paragraph 27)’.

Footnote 7 ‘The policies referred to are those in this Framework (rather than those in development plans) relating to: habitats sites (and those sites listed in paragraph 187) and/or designated as Sites of Special Scientific Interest; land designated as Green Belt, Local Green Space, an Area of Outstanding Natural Beauty, a National Park (or within the Broads Authority) or defined as Heritage Coast; irreplaceable habitats; designated heritage assets (and other heritage assets of archaeological interest referred to in footnote 72); and areas at risk of flooding or coastal change’.

The Housing Target for the Local Plan for the Broads and how this will be met.

The Authority must balance the demands of meeting the housing needs and protecting the special qualities of the Broads. The Housing Target for the Broads is 358 net new dwellings as set out in POSP15. The housing need for the Broads is met in the following ways.

For residential dwellings

  1. Completions and permissions between April 2021 and April 2023 as well as allocations in this Local Plan (that have not commenced). This shows a residual need of 58 dwellings.

District

Completions

Permitted

Allocations

Total

Broadland

2

6

0

8

North Norfolk

3

1

0

4

Norwich

0

0

NOR1: 271

271

South Norfolk

2

0

0

2

Great Yarmouth

2

7

0

9

East Suffolk

3

3

0

6

Totals

12

17

271

300

  1. A second call for sites

A call for sites was held during the Issues and Options consultation. Some sites for housing were put forward, but through the HELAA process, were deemed not suitable for development and consequently, not allocated in the Local Plan. This Preferred Options version of the Local Plan contains another call for sites.

  1. Cooperating with Neighbouring Districts

Depending on the outcome of the second call for sites, it may be that the Authority works with the Districts in relation to meeting the outstanding need for housing in the Broads. It is important to note that the need for the Broads is part of the need for the districts, and not additional to.

For Residential moorings

The following table shows the sites that are allocated for residential moorings. It shows a total of 53 residential moorings would be allocated. The need to be addressed in the Local Plan is 48 residential moorings.

Site

Number of residential moorings

Brundall Gardens Marina – small marina

2

Brundall Gardens Marina – large marina

6

Greenway Marine, Chedgrave

5

Hipperson’s Boatyard, Gillingham

5

Loddon Marina

10

Somerleyton Marina

15

Richardson’s Boatyard, Stalham Staithe

10

Total:

53

For Gypsy and Traveller sites:

<<to be updated in next version of Local Plan. A call for sites for Gypsy and Traveller sites is being held as part of the consultation on this version of the Local Plan>>

Affordable housing

The provision of affordable housing is a key issue in local communities, particularly in rural areas where sites appropriate for development may be limited or may fail to meet sustainability criteria. In the Broads, this is exacerbated by the limited availability of land due to flood risk and the demand for second/holiday homes that inflates land and property prices and is a disincentive for the provision of lower cost housing.

The requirement for a percentage of properties within a development to be ‘affordable’ is an established mechanism used by planning authorities to achieve provision of social housing (see Developer Contributions section of the Local Plan). This mechanism, however, is not easily applied within the Broads, as development is of a small-scale and is often individual properties, and larger sites that trigger such a requirement come forward rarely. See Policy PODM42 for more information.

Developers are encouraged to use Rural Housing Enablers to carry out Local Housing Needs Surveys where affordable housing contributions for local need will be sought.

Type

Because the Broads Authority is not the Housing Authority for its planning area, it will work closely with its districts who undertake this function to determine the type of housing that needs to be delivered in a certain area.

Project level HRA

all development will need to ensure compliance with Policies in the natural environment section to ensure compliance with the habitats regulations or to ensure no adverse impacts on the site integrity of any habitat site alone or in-combination.

Location of development

The policy approach will be to prevent residential development beyond settlements other than in exceptional circumstances, or which accords with the Authority’s statutory purposes. Development within settlements will be permitted only where it meets criteria covering issues such as flood risk, satisfactory provision of infrastructure, and design.

If needed, the criteria used to assess settlements in the Settlement Study[126] as well as that relating to access to services and facilities in the Housing and Economic Land Availability Assessment (HELAA)[127] will be used to determine sustainable patterns of development.

In most cases, settlements in the Broads straddle the Broads boundary, and the greater part of the settlement lies within the neighbouring local planning authority’s jurisdiction. Because of the national protection afforded to the Broads and the vulnerability to flooding of most of the Broads area (the boundary generally follows the edge of the flood plain), it will usually be the case that both the greatest need and greatest opportunity for development in any settlement straddling the boundary will be in that part of it outside the Broads.

The spatial strategy aims to ensure that communities across the Broads continue to thrive and are economically resilient, environmentally sustainable, socially mixed and inclusive. The spatial strategy is the overall framework for guiding development across the Broads, determining in what general locations and settlements different kinds of development will be encouraged or restricted. It offers the most sustainable way to accommodate housing in the Broads as:

  • it makes the best use of previously developed land;
  • it places new residents in close proximity to jobs, shops, leisure and cultural facilities and public transport nodes to support sustainable lifestyles; and
  • it regenerates some of the more run-down areas around the Broads.

Five-year land supply on adoption of the Local Plan

This will follow in the Submission version of the Local Plan.

Reasonable alternative options

No policy

Original policy

Sustainability appraisal summary

The following is a summary of the assessment of the policy and alternative(s).

A: Policy – Preferred Option. 6 positives. 0 negatives. 0 ? Overall, positive.

B: No policy. 0 positives. 0 negatives. 6 ?

C: Original policy. 6 positives. 0 negatives. 0 ? Overall, positive.

How has the existing policy been used since adoption in May 2019?

According to recent Annual Monitoring Reports, the policy has been used and applications have generally been in conformity with it.

Why have the alternative options been discounted?

The policy needs updating to reflect the various different housing needs, the stepped trajectory and referring to nutrient enrichment and recreational impacts; these are factual updated. Other changes, like referring to the loss of homes and including more text on residential moorings and gypsy and travellers is prudent and preferred.

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Policy PODM42: Affordable housing

Delivery of affordable housing

  1. Major Developments[128] will be required to provide affordable housing in accordance with the requirements of the adopted standards and policies of the relevant District Council[129], including proportion (%) of contribution, house types/mix and tenure and phasing arrangements.
  2. Affordable housing shall be provided on-site, unless it can be demonstrated that exceptional circumstances exist which necessitate provision on another site within the control of the applicant, or the payment of a financial contribution to the local planning authority (equivalent in value to it being provided on-site as specified in the policies of the relevant District Council), to enable the housing need to be met elsewhere.
  3. Developments of 6-9 dwellings will be required to contribute a commuted sum (off-site contribution) towards the provision of affordable housing. This contribution will be calculated in accordance with the full requirements of the adopted standards and policies of the relevant District Council. The commuted sum will be calculated in relation to thresholds and proportion of dwellings which should, subject to viability, be affordable. The commuted sum should reflect the subsidy required to deliver the affordable housing requirement off site (to include the cost of land and construction).
  4. The following summarises the approach to affordable housing set out in this policy:
    1. 10 or more dwellings: All schemes expected to provide on-site requirement as per policy of district.
    2. 6 to 9 dwellings: All schemes expected to provide off-site contributions.
  5. The Authority will only consider reducing the requirement for the proportion of affordable housing on a particular development site, or amending the tenure mix from the relevant District Council’s Policy requirement, or a standard set out in a made Neighbourhood Plan, in limited circumstances and in liaison with and having regard to/deferring to relevant District Council’s policies where:
    1. The applicant has submitted a site-specific viability appraisal (which has been assessed independently) and it has been concluded by the Authority (in liaison with the relevant District Council) that it is not viable to deliver the full policy requirement of affordable housing and an alternative provision has subsequently been agreed; or
    2. The applicant has submitted a site-specific viability appraisal (which has been assessed independently) and it has been concluded by the Authority (in liaison with the relevant District Council) that it is not viable to deliver the required tenure mix, and the alternative tenure mix has subsequently been agreed; and
    3. The resultant affordable housing provision would ensure that the proposed development is considered sustainable in social terms through its delivery of housing mix.

Provision outside development boundaries (rural exception sites),

  1. Affordable housing developments outside development boundaries as defined on the Proposals Map, will be permitted where:
    1. There is an identified local need for affordable housing as demonstrated in up-to-date evidence; and
    2. The need cannot be met within the boundaries of the adjoining local authority’s part of the Broads settlement; and
    3. The site is physically well related to a built-up part of a settlement and the facilities it provides; and
    4. The location of the proposed development complies with the relevant District Council’s criteria for rural exception sites; and
    5. Development will be of a scale that is suitable and appropriate for the size of the site and settlement. Proposals need to avoid over development and reflect the character of the area; and
    6. the affordable housing provided is made available solely to people in local housing need at an affordable cost for the life of the property (the Authority will ensure that any planning permission granted is subject to appropriate conditions and/or planning obligations to secure its affordability in perpetuity).
  2. A small proportion of the dwellings proposed may be market dwellings if this is fully justified and the market dwellings are the minimum number required to cross subsidise the delivery of the required affordable housing as demonstrated through a site-specific viability assessment to the satisfaction of the Authority and the relevant Council. In all cases, the majority of the homes provided are affordable. The Authority will have regard to/defer to the relevant District Councils’ policy when determining the proportion of market dwellings.
  3. The size (number of bedrooms), type (flat, house) and tenure of affordable homes for each proposal will be based on up-to-date evidence of local housing needs in accordance with the requirements of the relevant Council.
  4. It should be noted that First Homes Exception Sites cannot come forward in the Broads[130].

Planning Obligations

  1. To secure all affordable housing in perpetuity, the Authority will seek a planning obligation from the developer to ensure that:
    1. The permitted dwellings are affordable in perpetuity by being offered for initial and successive occupation at an affordable or social rent or affordable home ownership;
    2. The control of occupation of the dwellings is undertaken by a local authority, Registered Provider or other suitable body such as a parish or village trust as approved by the Authority; and
    3. Initial and successive occupation of the permitted dwellings is prioritised for people with strong local connections for all rural exception sites.

Reasoned Justification

The NPPG notes that affordable housing need is based on households “who lack their own housing or live in unsuitable housing and who cannot afford to meet their housing needs in the market”.

It is accepted that the Broads Authority defers to the affordable housing policy of its constituent District Councils, as this gives consistency across a district. As the Authority is not the Housing Authority, it works closely with its constituent District Councils who undertake the housing function for the Broads Authority Executive Area.

The NPPF definition of affordable housing will apply in implementing this policy.

Delivering affordable housing in the Broads

There is a very limited supply of suitable sites in the Broads for housing to meet local affordable housing need due to the protected landscape of the area, and to the extent and severity of flood risk. In addition, the high demand for second/holiday homes inflates land and property prices and provides a disincentive for the provision of lower cost housing.

In recent years (between April 2019 and March 2023), applications for dwellings have tended to be in the region of on average 2.18 dwellings per application[131] (according to an assessment of the Authority’s planning applications). The NPPF2023 says that ‘Provision of affordable housing should not be sought for residential developments that are not major developments other than in designated rural areas (where policies may set out a lower threshold of 5 units or fewer)’. Presuming that the current trend of size of housing applications continues (windfall), it is unlikely that affordable housing will be delivered through windfall schemes.

Regarding seeking commuted sums on 6-9 dwellings, the Broads part of North Norfolk is designated as a rural area and so, according to the NPPG, it can seek planning obligations and affordable housing commuted sum contributions from schemes of that size. The policy goes further to apply the commuted sums approach to all 6-9 dwelling sized schemes in the entire Broads area. This is because the opportunities for schemes of 9+ dwelling are significantly diminished by the rural character of the area and the environmental constraints. However, there is a clear need for affordable housing and all possible reasonable measures should be taken to address the deficiency. To be clear, the policy goes further than the NPPF by requiring off-site contributions to affordable housing for schemes of 6 to 9 dwellings. None of the districts relevant to the Broads seek affordable housing on schemes of 9 or below and their policies will reflect this[132] . It should be noted that as part of the next version of the Local Plan, the viability assessment will test the threshold that is currently set at 6-9 dwellings.

The policy applies to all net new homes (excluding holiday accommodation with occupancy conditions[133] ) permitted anywhere in the Broads Authority Executive Area, in line with the thresholds set out in the policy and the districts’ policies.

The Authority will use the relevant Council’s approach/methodology for the calculation of affordable housing contributions. The Authority will liaise with the relevant Council to prioritise spend which will likely be first in the parish which generated the commuted sums, then to the adjoining parishes, and then to anywhere in the Council area and the Authority/District will have ten years to spend or commit the monies. The Authority will however have regard to the approach of the relevant district council in where the money is spent and for how long the money is held.

Assessing viability

Working with the relevant District Council and having regard/deferring to their policies, a viability appraisal may be required. The independent review process will require the applicant to submit a site-specific viability appraisal (to include a prediction of all development costs and revenues for mixed use schemes) to the Authority’s appointed assessor. They will review the submitted viability appraisal and assess the viable amount of affordable housing or the minimum number of market homes needed to cross subsidise the delivery of affordable housing on a rural exceptions site. This review shall be carried out entirely at the applicant’s expense. Where little or no affordable housing would be considered viable through the appraisal exercise, the Authority will balance the findings from this against the need for new developments to provide for affordable housing. In negotiating a site-specific provision with the applicant, the Authority will have regard to whether or not the development would be considered sustainable in social terms.

Information to accompany an application

Developers advancing specific proposals that incorporate an element of affordable housing should submit an affordable housing statement alongside their application. This should provide information on the number of affordable residential units, the mix of affordable units in terms of type, tenure (intermediate/ social or affordable rented) and size (number of bedrooms and gross floor space), and the arrangements for managing the affordable housing units. This statement is also required to explain and justify the layout and location of the affordable housing element of a scheme. The Authority expects applicants to liaise with Registered Providers and the Housing Teams of the relevant district council to get advice and recommendations regarding the layout (although the Broads Authority will be the determining body).

Rural exception sites

The applicant will be required to submit evidence showing how the proposed scheme meets local housing need. The Affordable Housing policy states that ‘Some of the dwellings proposed may be market dwellings if this is fully justified…’ when referring to affordable housing schemes outside of development boundaries. This is in keeping with the NPPF definition for rural exception sites ‘small sites used for affordable housing in perpetuity where sites would not normally be used for housing. Rural exception sites seek to address the needs of the local community by accommodating households who are either current residents or have an existing family or employment connection. A proportion of market homes may be allowed on the site at the local planning authority’s discretion, for example where essential to enable the delivery of affordable units without grant funding’.

How ‘small numbers’ is defined will reflect the specifics of the scheme but will be a small proportion of the scheme. Furthermore, the relevant District Council’s policies and approaches will be of relevance. Applications need to fully justify the proposed market housing element (the split between market and affordable) of rural exception site schemes through the submission of a site-specific viability appraisal. Only the minimum number of market homes required to provide the cross subsidy needed to deliver the affordable homes will be permitted. See ‘assessing viability’ section of the reasoned justification to this policy for more information.

Using planning obligations

So that all affordable housing remains affordable to the local community in perpetuity, planning obligations will be sought to ensure that the initial and successive occupation of the dwellings is restricted to people with a housing need. In relation to exception housing sites, the planning obligations will include the requirement that the homes are prioritised for occupiers who have strong local connections, as demonstrated by the relevant Council’s local connection criteria for such schemes, and who need to live in the immediate area. This will include people who need to live in the Broads because of their current employment, and existing residents needing separate accommodation in the area (for example people in housing need due to sub-standard, overcrowded or otherwise unsuitable accommodation). Please note that starter homes will be delivered in line with specific regulations applicable at the time of application.

Offsite provision

Financial contributions in lieu of on-site provision (for schemes of ten or more dwellings) will only be acceptable in exceptional circumstances, where the Authority is satisfied that an element of affordable housing either could not practically be accommodated on site, or if it can be demonstrated that on-site provision would be unviable. In all cases, planning obligations will be sought to ensure an appropriate contribution to affordable housing is secured.

Please note, however, the requirement for off-site contributions for developments of 6-9 dwellings (as discussed in the policy and under ‘Delivering affordable housing in the Broads’ section of the reasoned justification to this policy). It should be noted that as part of the next version of the Local Plan, the viability assessment will test the threshold that is currently set at 6-9 dwellings.

Starter Homes

According to the Housing and Planning Act (2016)[134] a ‘starter home’ means a building or part of a building that—

  1. is a new dwelling,
  2. is available for purchase by qualifying first-time buyers only,
  3. is to be sold at a discount of at least 20% of the market value,
  4. is to be sold for less than the price cap, and
  5. is subject to any restrictions on sale or letting specified in regulations made by the Secretary of State (for more about regulations under this paragraph, see section 3).

The Act goes on to say that “an English planning authority must carry out its relevant planning functions with a view to promoting the supply of starter homes in England” and “local planning authority in England must have regard to any guidance given by the Secretary of State in carrying out that duty”. The Act also defines the various elements to starter homes.

Starter homes will be required in line with national policy and will reflect the relevant Council’s policy requirement for such homes.

Habitats Regulations Assessment

If a proposal is considered in the context of this policy to potentially have an effect on habitat sites, then it will need to be considered against the Habitats Regulations and a project level Appropriate Assessment will need to be undertaken. Depending on the location of the scheme, there may be a need to mitigate recreation impact and nutrient enrichment.

Reasonable alternative options

Original policy

No policy

Sustainability appraisal summary

The following is a summary of the assessment of the policy and alternative(s).

A: Keep original policy: 2 positives. 0 negatives. 0 ? Overall, positive.

B: Amended policy: 5 positives. 0 negatives. 0 ? Overall, positive.

C: No policy: 0 positives. 0 negatives. 5 ?

How has the existing policy been used since adoption in May 2019?

Due to the size of schemes in the Broads, this policy has not been used that often. But it has been used when the thresholds have been met.

Why has the alternative option been discounted?

The amendments to the policy provide detail and add clarification to the policy and make it stronger.

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Policy PODM43: Residential development within defined Development Boundaries

Development Boundaries Map Bundle (PDF)

  1. New residential development will only be permitted within defined development boundaries and must be compatible with other policies of the Development Plan.
  2. Development will be of a scale that is suitable and appropriate for the size of the site and settlement and will reflect the character of the area.
  3. Development Boundaries are identified on the policies maps for the following settlement areas:
    1. Oulton Broad (web map)
    2. Thorpe St Andrew (web map)
    3. Wroxham and Hoveton (web map)

Constraints and features

    Oulton Broad
  • Area is within Oulton Broad Conservation Area
  • High potential for archaeological remains in the area
  • Flood risk (mainly zone 1, plus some 2 & 3, by EA mapping and mostly 1 with some 2, 3a and indicative 3b using SFRA 2018)
  • Nearby listed buildings
  • Thorpe St Andrew
  • Area is within Thorpe St. Andrew Conservation Area
  • Flood risk (mainly zone 2, some zones 1 & 3, by EA mapping and mostly 1 with some 2, 3a and modelled 3b using SFRA 2017)
  • The bounded area includes safeguarded minerals (sand and gravel) resources, but the Minerals Planning Authority has advised this is unlikely to constrain the type and scale of development supported by the Policy
  • Large number of listed buildings
  • Wroxham and Hoveton
    Close to SPA and SAC
  • Lies partly within Wroxham Conservation Area
  • Flood risk (mainly zone 3 by EA mapping, and partly zones 1 & 2 and 1, 2, 3a and indicative 3b using SFRA 2017)
  • The SFRA shows almost all of the area is at risk of flooding
  • Capacity of minor roads in the area
  • Wroxham Bridge is a Scheduled Monument
  • The Grange - Grade II listed

Reasoned Justification

The purpose of a Development Boundary is to consolidate development around existing built-up communities where there is a clearly defined settlement and where further development, if properly designed and constructed, would not be incongruous or intrusive because of the size of the settlement. Development Boundaries have the twin objectives of focusing most of the development towards existing settlements while also protecting the surrounding countryside.

Early in the evolution of the Broads Local Plan, consideration was given to the merits of not having development boundaries, but it was concluded that they are a useful tool in promoting sustainable development in the Broads.

Development is directed to areas with Development Boundaries as listed in the policy and defined on the Local Plan Policies Map. Development in these areas could be acceptable, notwithstanding other policies, constraints, and other material considerations. It is important to note that just because an area has a Development Boundary, it does not mean that all proposals for development in the area are necessarily acceptable. The sensitivities of the Broads in terms of biodiversity, landscape, cultural heritage, and flood risk mean that careful consideration must be given to the appropriateness of developing a site, and each proposal will be determined against this and other policies of the Plan. Outside the defined Development Boundaries, new residential development will not be permitted except in the circumstances defined in the other housing policies.

To support the Authority’s approach, a Development Boundaries Topic Paper and a Settlement Study have been produced. This work assesses the suitability of settlements for Development Boundaries and seeks to justify why the three areas (Oulton Broad, Thorpe St Andrew and Wroxham and Hoveton) have Development Boundaries.

Development Boundaries are also important for residential moorings. One of the key criteria of policy PODM45 relates to the mooring being within or adjacent to a Development Boundary (a Broads Authority Development Boundary or one of our constituent Councils’). The Authority also regards other sites as suitable for residential moorings that are not adjacent to Development Boundaries.These sites, which are allocated in the Local Plan, are in Brundall (POBRU6), Loddon and Chedgrave (POLOD1 and POCHE1) Gillingham (POGIL1), Somerleyton (POSOM1) and Stalham (POSTA1). While the sites covered by these policies are not deemed suitable for Development Boundaries to reflect constraints on the land, they are still accessible to services and facilities that make them suitable for residential moorings.

Some development proposals could be acceptable outside of Development Boundaries in exceptional circumstances, although this will depend on detail, constraints in the area and accordance with other adopted policies and the NPPF, such as PODM46 (dwellings for rural enterprises) and PODM49 (replacement dwellings).

If a proposal is considered to potentially have an effect on a habitat site, it will need to be considered against the Habitats Regulations and a project level Appropriate Assessment undertaken. With respect to recreation impacts, development would need to mitigate, and this would most easily be done by paying either the Norfolk or Suffolk Coast RAMS tariff (and depending on scale, there may be a need for green infrastructure provision). Proposals for development in Thorpe St Andrew and Wroxham and Hoveton face nutrient enrichment issues and mitigation will be required.

Development Boundary for Hoveton and Wroxham

This combined area is one of the largest concentrations of development, population, and services in the Broads. It has a range of shopping, employment opportunities, leisure and health facilities and relatively frequent rail and bus services. Although there is little undeveloped land (aside from gardens and public spaces), there has long been a gradual renewal and replacement of buildings and uses within the area, and there is a limited number of derelict or underused sites ripe for redevelopment. The development boundary excludes areas identified as open space and includes boatyards and other development on the south (Wroxham) bank. It also complements the Hoveton Town Centre policy (POHOV5) to continue the focus of retail and related development in the village centre. Parts of the area are at risk of flooding. The relevant Local Plan and National Planning Policy Framework Policies will apply, and a site flood risk assessment may be required to establish the degree of risk.

Development Boundary for Oulton Broad

Together with Lowestoft, the area has a wide variety of services, facilities, and employment opportunities. Although most of these are at some distance from the area under consideration, there is a bus service, and the distances involved mean walking and cycling are feasible options. The development boundary has been drawn to generally exclude the edge of the Broad except where there is already significant built development. This is to discourage building on the waterfront for flooding and landscape reasons, and to encourage continuance of the overall level of trees and planting that provides an important part of the setting of the Broad and contributes to its value for wildlife. Parts of the area are at risk of flooding. The relevant Local Plan and National Planning Policy Framework Policies will apply, and a site flood risk assessment may be required to establish the degree of risk. In the light of the potential for archaeological remains in the area an archaeological survey may be required in advance of any grant of planning permission.

Development Boundary for Thorpe St Andrew

Only part of the south side of Yarmouth Road in Thorpe St Andrew is within the designated Broads area. Elsewhere, Broadland District Council is the local planning authority, and this part of Thorpe St Andrew is urban in character. Thorpe itself has a range of facilities and services, including employment opportunities and good public transport links to the extensive facilities of Norwich (also within cycling distance). Although there is a range of buildings and uses within the identified boundary, in practice it is not anticipated that there will be a great deal of development in the foreseeable future. The development boundary provides additional scope for some redevelopment if opportunities arise, subject to flood risk - the relevant Local Plan and National Planning Policy Framework Policies will apply, and a site flood risk assessment may be required to establish the degree of risk.

Reasonable alternative options

There seems to be two reasonable options to consider when producing the development boundary policy:

Criteria based development boundary policy – would not use a spatial approach but use a criteria-based approach.

Spatial approach – using boundaries on a map.

To not have a policy that sets out where development could be located is seen as an unreasonable alternative.

In terms of actual locations for development boundaries, other than the four included in the policy, Brundall was considered.

Sustainability appraisal summary

The following is a summary of the assessment of the policy and alternative(s).

A: Criteria-based development boundary policy: 0 positives. 0 negatives. 8?

B: Plan based development boundary policy: 7 positives. 0 negatives. 1 ? Overall positive

The following is a summary of the assessment of the areas that could have a development boundary.

Brundall: 4 positives. 2 negatives. 4?

Horning: 7 positives. 1 negative. 2 ?

Hoveton and Wroxham: 8 positives. 0 negatives. 2 ?

Oulton Broad: 8 positives. 0 negatives. 2 ?

Thorpe St Andrew: 8 positives. 0 negatives. 2 ?

How has the existing policy been used since adoption in May 2019?

According to recent Annual Monitoring Reports, the policy has been used regularly. Some schemes have been permitted outside of the development boundaries due to other material considerations.

Why has the alternative option been discounted?

On one hand, removing development boundaries in the Broads Authority Executive Area could be treating the whole area of The Broads as being in the open countryside which could help protect the character of The Broads area. On the other hand, it will not be possible to influence the location of development to built up/urban areas that have key services which could result in isolated dwellings. Indeed, development boundaries is a tried and tested policy approach. The Local Plan will also enable any development that is needed to come forward in more remote areas to do so, for example through rural enterprise dwellings and replacement dwellings. Development boundaries will also provide certainty to all involved as to where development is suitable in theory.

A development boundary for Brundall has not been taken forward because of the highways concerns.

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Policy PODM44: Gypsy, Traveller and Travelling Show People

  1. Development proposals for the provision of permanent or transit accommodation, or temporary stopping places, to meet the needs of Gypsies and Travellers and Travelling Show People will be supported where they meet an identified need.
  2. Development proposals that would have an adverse impact on the special qualities of the Broads will be refused.
  3. Where there is a proven need, appropriate development will be allowed where the following criteria are met:
    1. Avoid sites being over-concentrated in any one location or disproportionate in size to/dominating nearby communities;
    2. Well related to existing settlements, services and facilities and do not harm the character and appearance of the area;
    3. Within reasonable distances to facilities and supporting services that can be accessed by various modes of transport, not just motor vehicles;
    4. There are no severe residual impacts on the safe and efficient operation of the highway network;
    5. There is adequate provision for parking, turning and safe manoeuvring of vehicles within the site;
    6. Transit sites should be in close proximity to the main established travelling routes in the area;
    7. Have clearly defined physical boundaries with appropriate boundary treatments and will be appropriately screened and landscaped and be capable of visual privacy;
    8. The site will not harm the setting of any heritage asset or have any adverse impact on the character and appearance of the surrounding landscape;
    9. Sites are well planned or soft landscaped in such a way as to positively enhance the environment and increase its openness;
    10. Play areas for children are included as appropriate;
    11. Lighting meets the requirements of the dark skies policy ()
    12. Permanent built structures in rural locations or on settlement fringes are restricted to essential facilities;
    13. There is sufficient amenity space for occupiers;
    14. The design, layout and density of the site are based on relevant guidance and standards and reflect both the location of the site and the needs of the users;
    15. Sites or pitches are capable of being provided with adequate infrastructure such as power, water supply, foul water drainage and recycling/waste management;
    16. Proposals do not cause unacceptable harm to the amenity of neighbouring uses and occupiers and the tranquillity of the area;
    17. Due regard has been given to all types of flood risk;
    18. Depending on location, nutrient enrichment and recreation impacts will be mitigated;
    19. Schemes provide Biodiversity Net Gain if required. If BNG is not required, provide biodiversity enhancements (see policy PODM14 on the Natural Environment):
    20. Site design will need to be resilient to a changing climate, for example by considering and addressing shade for hotter temperatures as well as accommodating intense rain bursts; and
    21. Sites are not proposed which will adversely impact on protected species, priority habitats and designated wildlife sites.
  4. Schemes should make effective use of previously developed (brownfield) land.
  5. Transit or temporary sites may have conditions applied relating to length of occupancy in consultation with the Housing Authority.

Reasoned justification

This criteria-based policy enables the Authority to assess any applications that may come forward for such sites. The justification for each of the criteria in the policy is discussed below.

Location of sites

Sites in or near to existing settlements are prioritised. Such sites are generally more sustainable than those in remote areas, with better access to services, in particular education and health services. The Authority’s preference would be for well related sites located in and near to settlements with a development boundary (either in the Broads Authority Executive Area or in one of our constituent district council’s areas), and/or classed as local service centres and above in the settlement hierarchy of our constituent districts. The priority will be that access to services can be reasonably obtained so as to meet the day to day needs of the occupiers, recognising the differences in lifestyles, working patterns and transport preferences. The criteria used in the Settlement Study could be used to determine how well related to settlements proposals are.

To provide a healthy and safe environment for occupiers, sites should not be located on contaminated land and should avoid areas of unsuitable noise, air quality and major hazards such as pipelines. In line with adopted amenity, tranquillity and light pollution policies, the proposals should not have a negative impact on neighbours and tranquil areas and should have appropriate lighting that does not add to light pollution.

Previously developed/brownfield land

National planning policy encourages planning policies and decisions to encourage the effective use of land by re-using previously developed land (brownfield land), provided that it is not of high environmental value. The Authority encourages the use of brownfield land for development ahead of greenfield land. Other policies in the Local Plan may be of relevance in this regard such as landscape character impact, impact on peat and high quality agricultural land.

Access

Gypsy and Traveller sites are required to have safe and convenient vehicular access and provide adequate car parking space. The development should avoid significant impacts on local roads and be well located to major routes.

Screening and impacts of proposals

The Broads has a wealth of environmental assets, and site locations must not compromise the objectives of any designated areas.

The local topography and form of the landscape will affect the visibility of a Gypsy and Traveller site and its ability to integrate into its surroundings. Some sites will be highly visible, and others more visually contained. The Broads is a protected landscape and sites should respect the local environment, including the historic environment, be of a scale proportionate to the local community and be capable of visual privacy. Sites which allow appropriate natural screening will be considered more favourably. Other relevant policies of the Local Plan are policy PODM20 on Landscape, policy PODM51 on Landscaping and policy PODM25 on Settlement Fringe.

Proposals shall not enclose a site with so much hard landscaping, high walls or fences, that the impression may be given that the site and its occupants are deliberately isolated from the rest of the community.

Service infrastructure

To meet the needs of occupiers, proposals need to be capable of being served by appropriate service infrastructure, including public and/or private water supplies and treatment works as appropriate (see policy PODM4 on Water Quality).

Planning conditions

Any planning permission will include a planning condition or obligation to ensure that occupancy of the site is limited to persons able to demonstrate an essential need for the accommodation. When any temporary permission is granted, a planning condition will be attached or an obligation secured to ensure that the permission is for a limited time period, after which time the use shall cease and the land must be restored to its former condition, within a specified period.

Flood risk

Caravans and mobile homes are vulnerable to flooding. National and local policies dictate that sites should not be allocated in areas of high risk of flooding, including that of functional flood plains. Policy PODM7: Development and flood risk could be of relevance because any Flood Risk Assessment for such accommodation would need to show how the safety of the occupants would be managed and ensured, considering the transient nature of the site and its potential effects on the occupant's ability to receive flood warnings.

Need

It should be noted that work to assess the need for the rest of the Broads Authority Executive Area will commence around April 2024 and will inform the next version of the Local Plan. There is a Call for Sites form for any Gypsy and Traveller sites – see section 13.1.

The Government’s Planning Policy for Traveller Sites document states ‘where there is no identified need, criteria-based policies should be included to provide a basis for decisions in case applications nevertheless come forward. Criteria based policies should be fair and should facilitate the traditional and nomadic life of travellers while respecting the interests of the settled community’. The policy refers to there being an identified need in order for sites to be considered within the Broads. This need could be identified through a local survey or through liaison with the district’s housing team.

Reasonable alternative options

No policy

Original policy

Sustainability appraisal summary

The following is a summary of the assessment of the policy and alternative(s).

A: Policy – Preferred Option. 13 positives. 0 negatives. 0 ? Overall, positive.

B: No policy. 0 positives. 0 negatives. 13 ?

C: Original policy. 11 positives. 0 negatives. 0 ? Overall, positive.

How has the existing policy been used since adoption in May 2019?

According to recent Annual Monitoring Reports, the policy has not been used.

Why have the alternative options been discounted?

The amendments follow the Planning Policy for Traveller Site as well as referring to nutrient enrichment, recreation impacts and biodiversity considerations and is favoured as it updates the policy and provides more detail.

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Policy PODM45: New residential moorings

  1. The Authority will endeavour to enable delivery to meet its assessed need of 48 residential moorings.
  2. Applications for permanent residential moorings will be permitted provided that the proposals:
    1. Are in a mooring basin, marina or boatyard that is within or adjacent to a defined development boundary or 800m/10 minutes walking distance to three or more key services (see reasoned justification) and the walking route can be used and likely to be used safely, all year round or is in Norwich City Council’s Administrative Area.
    2. Provides an adequate and appropriate range of ancillary facilities on site to meet the needs of the occupier of the residential moorings (for example potable water, wastewater pump out (see m below), and electricity) or provides adequate access to these ancillary facilities in the vicinity of the residential mooring;
    3. Would not result in the loss of moorings available to visitors/short stay use;
    4. Would not impede the use of the waterway;
    5. Would not have an adverse impact upon:
    6. the character and appearance of the site or the surrounding area arising from the moorings and the use of adjacent land incidental to the moorings;
    7. protected species, priority habitats and Habitat Sites;
    8. the amenities of neighbouring occupiers; or
    9. bank erosion.
    10. Provides safe access between vessels and the land without interfering with or endangering those using walkways and ensures pedestrians can move around the site safely;
    11. Has adequate car and cycle parking;
    12. Makes provision for safe and convenient access for emergency vehicles ;
    13. Makes provision for safe and convenient access for service vehicles;
    14. Would not prejudice the current or future use of adjoining land or buildings;
    15. Makes adequate provision for waste, sewage disposal and the prevention of pollution[135];
    16. Protects the dark skies of the Broads (see policy PODM27); and
    17. Provides for the installation of pump-out facilities (where on mains sewer) unless there are adequate facilities in the vicinity.
  3. Cabinets and storage of any kind nearer to the moorings, if required, will be kept to a minimum and sensitively designed.
  4. Flood risk will be an issue to consider, and proposals will need to be accompanied by a Flood Risk Assessment.
  5. If more than one residential mooring is proposed, the proposal must be commensurate with the scale of development proposed for that settlement (as a whole).
  6. Converting an entire basin, marina or boatyard to residential moorings would be judged on a case-by-case basis to assess and take account of the impact on infrastructure in the area (such as highways) and the impact on neighbouring uses.
  7. Whilst the policy contains a general presumption in support of residential moorings in Norwich, the cumulative impact resulting from any proposal will be considered, along with the impact on the infrastructure and amenity of the area.
  8. The economy policies of the Local Plan will also be of relevance. In Norwich, so too will the City Council’s policies for proposals in Norwich.
  9. Conditions will be used to restrict the number, scale and size of boats using the residential moorings. A management plan for the site and a register of those who live on boats will be required and will be covered by a planning condition imposed on any planning permission granted.
  10. Proposals need to set out how provisions will be made for facilities associated with residential uses (such as rubbish, amenity space, external storage and clothes drying for example).
  11. All such development will meet the requirements of the Water Framework Directive.
  12. Depending on the location, schemes may need to mitigate nutrient enrichment and recreation impacts on Habitat Sites. Schemes may require project level HRAs to be completed.
  13. In line with policy PODM14 on the Natural Environment, biodiversity enhancements may be required.

Reasoned Justification

The Authority acknowledges that the high environmental quality of the Broads and wide range of opportunities it offers for boating make the area a popular location. As a consequence, there is a significant associated demand for residential moorings. The provision of residential moorings must, however, be carefully managed to make sure the special qualities of the Broads and their enjoyment are protected.

Preventing the loss of visitor/short term moorings.

Tourism makes a valuable contribution to the local economy, and a statutory purpose of the Broads is to provide opportunities for the understanding and enjoyment of the special qualities of the area by the public. To make sure there are sufficient facilities to allow visitors to enjoy the Broads, the Authority will resist proposals for permanent residential moorings where they would result in the loss of visitor/short term moorings or boatyard services.

Lighting and dark skies.

The provision of residential moorings could result in additional lighting. The impact of artificial light on local amenity, intrinsically dark landscapes and nature conservation should be minimised as schemes are likely to be on the edge of settlements and the Broads is generally as area of good dark skies – see policy PODM27.

Key services and access to facilities.

To ensure that people living on boats have access to adequate facilities and services such as education, recreation, and domestic waste collection, and to minimise impact of new development on landscape character, the Authority will require new residential moorings to be directed to mooring basins, marinas or boatyards within walking distance of at least three of the key services listed below or in or adjacent to defined development boundaries (which could be within the Broads Authority Executive Area or in the planning area of our constituent districts). Residential moorings may also be appropriate on parts of the river in Norwich, subject to other policy considerations in particular the impact on neighbouring uses and impact on navigation of the river. Proposals for residential moorings will be expected to be commensurate in scale with the size of the settlement and the level of residential development proposed for the settlement by the relevant Local Planning Authority. Furthermore, converting an entire marina, basin or boatyard, or in Norwich the entirety of the riverbanks, may not be appropriate because of the potential impact on neighbouring uses and infrastructure in the area, as well as the consequences of the loss of the facility for non-residential boaters; the Authority will consider such proposals on a case-by-case basis.

The key services referred to in the policy could be three or more of the following. These key services reflect the Housing and Economic Land Availability Assessment methodology:

  • A primary school
  • A secondary school
  • A local healthcare service (doctors' surgery)
  • Retail and service provision for day-to-day needs (district/local shopping centre, village shop)
  • Local employment opportunities which are defined as follows, which reflect areas with potentially a number of and variety of job opportunities:
    • Existing employment areas allocated/identified in our districts’ Local Plans; or
    • City, Town or District Centre as identified in the Local Plan for the Broads or our District’s Local Plan. We note that this means such centres count towards two of the three key services test; or
    • These sites that are allocated in the Local Plan for the Broads: POBRU2, POBRU4, POCAN1, POHOR6, POPHRB1, POSTA1, POTSA3.
  • A peak-time public transport service to and from a higher order settlement (peak time for the purposes of this criterion will be 7-9am and 4-6pm)

Residential moorings and the natural environment.

Residential moorings that have the potential to affect a protected site or species will only be permitted where a project level Appropriate Assessment (under the Habitats Directive) can successfully demonstrate that there are no adverse effects on qualifying features on the site or a detrimental impact on the species. Schemes may need to mitigate recreation impacts, and this is most easily done through paying the GI RAMS tariff. In terms of nutrient enrichment impacts, the Broads Authority will assess the location of any scheme and whether there is a need to mitigate impacts which will probably be through Nutrient Neutrality.

Depending on the details of the scheme, they may need to meet Biodiversity Net Gain requirements. That being said, schemes that are changing the use of existing moorings to residential moorings are not likely to result in any habitat degradation and so BNG may not be a requirement.

Schemes may be required to provide biodiversity enhancements in line with policy PODM14 on the Natural Environment as there are likely to be significant opportunities for waterside biodiversity enhancement.

Management of moorings and surrounding land.

Where permission is granted for a new permanent residential mooring, planning conditions and/or obligations will be used to secure agreements for the management of the mooring and surrounding land. This will be done to protect visual and residential amenity and make sure the use of residential moorings does not compromise public safety. The use of surrounding land for incidental purposes such as storage and seating can have a negative impact if incorrectly managed. Proposals will need to set out how they will address areas for the drying of clothes and amenity space, as well as any other related facilities for those living on the boats. In terms of storage, the form, design, and location will be important in understanding any impacts on the character of the area. The Authority does not expect marinas and boatyards to subdivide or demarcate areas of land to be associated with residential moorings. Policy PODM62 provides guidance on the forms of development permissible on the adjacent waterside environment associated with a mooring.

Management Plan

The policy requires a management plan for the site as well as a register of those boats being lived on. These will be required through conditions on planning application(s). The management plan will help ensure the site as a whole is appropriately managed. This would normally cover things like noise, waste, delivery times etc. and would have contact details of who to contact if the management requirements of the site are not adhered to. A breach of this management plan would then be a breach of condition and could be enforced. The register of who lives on which boat will be maintained at all times. The Authority has produced a Residential Moorings Guide that includes a section on Management Plans.

Definition of a residential mooring and what can moor there.

For the purposes of this policy, a ‘residential mooring’ is a mooring where someone lives aboard a vessel, the vessel is capable of navigation, where the vessel is used as the main residence, and where the vessel is moored in one location for more than 28 days in a year. The vessel may occasionally/periodically go cruising and return to base. For the purposes of this policy, it should be noted that there is an expectation that the moorings will be occupied by a vessel of standard construction and appearance, and which is conventionally understood to be a boat.

Houseboats and lodges or other structures that float.

Houseboats and lodges or other structures that float are structures without means of independent propulsion. They are not considered to be vessels for the purposes of this policy. They may also be considered differently in terms of flood risk when compared to more traditional boats that are lived on. Any such proposals will be dealt with on a case-by-case basis due to their potential impact on character of the area. This policy on residential moorings may be used to help determine the acceptability and suitability of such schemes.

Flood risk.

Whilst the Authority acknowledges that boats float, there are some issues that could arise with boats being lived on at times of flood. A Flood Risk Assessment will be required and proposals for residential moorings must ensure they have adequately considered the following:

  1. The technique/method of mooring the vessel. The Flood Risk Assessment (FRA) should show how the boat will be moored to prevent it being too tight or too loose. If the vessel is moored too tightly it could list, and by being too loose it could float onto the landside of the quay heading or be cast adrift at times of flooding. Both scenarios have safety concerns for occupiers, possessions and other objects or vessels that could be hit by a loose boat and should be addressed within the FRA.
  2. A Flood Response Plan needs to be produced. While it is acknowledged that residential boats will float, the access to the boat could be disrupted at times of flood, causing the occupier to be stranded on board the boat. The Flood Response Plan needs to advise what the occupier should do at times of flood to ensure their safety - whether they should evacuate the boat in advance of flooding or take refuge in the boat and therefore have supplies to help them sit out the flood. See Appendix 6: Flood response plan guidance and structure.
  3. Finally, the FRA should include consideration of how the boat moored at the residential mooring will be monitored at times of flood to make sure it does not cause damage to other vessels, and to prevent damage to the belongings on board and the boat itself.

Additional information

The Broads Authority has produced a guide to help make schemes for residential moorings as successful as possible.

HSE Safety in docks ACOP (www.hse.gov.uk/pubns/books/l148.htm) is applicable to Marinas and will set out the minimum standards expected in relation to the safety provision.

Meeting the need for residential moorings

The Accommodation Needs Assessment completed in August 2022[136] identifies a need for 48 residential moorings. This figure needs to be interpreted with some caution, as it is based on limited interviews with boat dwellers and on anecdotal estimates rather than a comprehensive count or survey of the people who live on boats.

The study also indicates that those living on boats do so from choice, rather than from an ethnic background, and that most are single people or childless couples.

The Local Plan seeks to address the need for residential moorings by allocating sites for residential moorings to meet the need. See polices POBRU6, POCHE1, POLOD1, POSOM1 and POSTA1 . It is important to note that whilst those sites have their own policies, they will also need to address the criteria in this general policy on residential moorings.

Reasonable alternative options

The original policy, with no amendments.

No policy

Sustainability appraisal summary

The following is a summary of the assessment of the policy and alternative(s).

A: No policy: 0 positives. 0 negatives. 11 ?

B: Keep original policy: 7 positives. 0 negatives. 0 ? Overall, positive.

C: Preferred Option - amend policy: 11 positives. 0 negatives. 0 ? Overall, positive.

How has the existing policy been used since adoption in May 2019?

According to recent Annual Monitoring Reports, the policy has been used and applications have been determined in accordance with the policy.

Why has the alternative option been discounted?

We need to assess and then meet the need for residential moorings as we produce this local plan. Therefore, it is appropriate to have a policy that identifies and addresses issues that could arise because of schemes for residential moorings. Therefore, to not have a policy has been discounted. In terms of the amended policy, this reflects use over the previous years as well as emphasises the importance of considering flood risk, impact of storage and lighting as well as referring to nutrient enrichment and recreation impacts that need mitigating. The amended policy is therefore preferred.

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Policy PODM46: Permanent and temporary dwellings for rural enterprise workers

  1. Development of a new dwelling or a residential mooring for rural enterprise workers will only be permitted outside the defined development boundaries (or other locational criteria if for a residential mooring) if:
    1. Satisfactory evidence is submitted that demonstrates an existing essential need for full-time worker(s) to be available on site or nearby at all times for the enterprise to function properly;
    2. The need is arising from a worker employed either full-time or one employed primarily in the Broads in a rural enterprise;
    3. Evidence is submitted that demonstrates that the business has been established for at least three years, has been profitable for at least one of them, is currently financially sound and has a clear prospect of remaining so;
    4. The functional need cannot be met by an existing dwelling on the site or nearby, and there has been no sale on the open market of another dwelling on the site that could have met the needs of the worker in the past three years;
    5. Where practicable and appropriate, first consideration has been given to the conversion of an existing building;
    6. The dwelling is commensurate in size and scale with the needs of the enterprise and the cost would be viable in relation to the finances of the enterprise;
    7. The dwelling is sited so as to meet the identified functional need and is well related to any existing buildings of the enterprise;
    8. The proposal would not adversely affect the historic environment, landscape character or protected species or habitats (see section on HRA); and
    9. The scheme provides biodiversity net gain (in line with policy PODM14 ).
  2. Occupancy condition

  3. Should a new dwelling be permitted under this policy, the Authority will impose a condition restricting its occupation to a person (and their immediate family) solely or mainly employed in agriculture, forestry or a Broads related rural enterprise, as appropriate.
  4. Removal of occupancy condition

  5. The removal of an occupancy condition will only be permitted in exceptional circumstances where it can be demonstrated that:
    1. There is no longer a long-term need for the dwelling on the particular enterprise on which the dwelling is located; and
    2. Unsuccessful attempts have been made to sell or rent the dwelling at a price that takes account of the occupancy condition.
  6. Temporary permission

  7. Applications for a temporary mobile home, caravan or residential mooring for rural enterprise workers will only be permitted if:
    1. Residential occupation would be for a period of up to three years;
    2. There is clear evidence that the proposed enterprise has been planned on a sound financial basis for the same period (or longer) which the application seeks permission for a temporary dwelling/ residential mooring for;
    3. The functional need cannot be met by an existing dwelling on the site or nearby;
    4. In relation to temporary caravans and mobile homes, the proposed temporary dwelling would not be located in Flood Risk Zone 3;
    5. The temporary structure can be easily dismantled or taken away; and
    6. The proposal would not adversely affect protected species or habitats, the historic environment and landscape character.
  8. Any planning permission granted will specify the period for which the temporary permission is granted, and the date by which the temporary dwelling/mooring will have to be removed. If there is no planning justification for a permanent dwelling, then the mobile home or caravan must be removed or, for a residential mooring, the vessel’s residential use must cease. Successive extensions to a temporary permission will rarely be justifiable unless material considerations indicate otherwise[137].
  9. Design

  10. Proposals shall be of a layout, form and design which strengthens the rural character and its location in a National Park equivalent area, and which reinforce local distinctiveness and landscape character and take into consideration the setting and significance of nearby listed buildings and is in conformity with the Design Guide[138] (or successor document).
  11. Habitats Regulations Assessment and biodiversity net gain

  12. Proposals may need a project level Habitats Regulation Assessment and depending on the location, may need to mitigate recreation recreation impacts (through the Norfolk or Suffolk Coast GI RAMS tariff or equivalent mitigation) and may need to mitigate the impact of nutrient enrichment.

Reasoned Justification

The erection of dwellings outside defined development boundaries has the potential to have a negative impact on the openness and special character of the Broads. Rural Enterprise dwellings outside development boundaries will require special justification for planning permission to be granted. The NPPF states one such example as accommodation required to enable agricultural, forestry and certain other full-time rural workers to live at or nearby their place of work.

For the purposes of this policy, the term ‘rural enterprise workers’ relates to those who work in agriculture, horticulture, forestry, tourism and boatyards and other enterprises that require a rural location. Any application would need to fully justify why it considers the dwellings to be linked to a rural enterprise.

Proposals that support the proper functioning of rural enterprises will generally be supported because of the contribution such enterprises make to the local economy. However, to protect the landscape character of the Broads, as well as considering the issue of dwellings isolated from services and facilities, rural enterprise worker dwellings will only be permitted where there is a demonstrable need for a full-time worker to live at or very close to the site of their work, and that this functional need cannot be met by an existing dwelling on the site or in the locality.

When judging locality, the Authority will consider the requirement of the business for an employee to live nearby, and a reasonable distance to travel to the business. This will vary on a case-by-case basis, and an application should explain what distance is appropriate and why.

To make sure the demand for a dwelling is likely to be sustained, proposals must be accompanied by evidence to demonstrate that the business has been established for at least three years, profitable for at least one of them, currently financially sound and with a clear prospect of remaining so. A business plan for the subsequent three years will assist in assessing the future prospects.

Any proposals to convert buildings to a rural enterprise dwelling (criterion e) will be considered against the relevant conversion policies in the Local Plan. When looking at dwellings that already exist nearby (criterion d), properties available for rent need to be considered as well as those available to buy, and it should be demonstrated what price the enterprise can reasonably afford. Properties that are outside of the Broads Authority Executive Area (but nearby) will also need to be considered.

Any new dwelling permitted under this policy will be restricted in size and scale to one which is commensurate with the needs of the enterprise, so that the proposal does not have an unacceptable impact on the special landscape character of the Broads. The cost of constructing the dwelling in relation to what can be afforded by the enterprise is an important consideration, as the erection of a dwelling should not affect the finances such that the enterprise would no longer be financially viable. Permitted development rights for future extensions and alterations may be removed to maintain control over the size of the dwelling, and in the interests of protecting the landscape and local character.

If a proposal is considered in the context of this policy to potentially have an effect on a habitat site, it will need to be considered against the Habitats Regulations and a project level Appropriate Assessment undertaken. The policy raises recreation impacts and nutrient enrichment as two issues which may need mitigation, depending on the location. For both nutrient enrichment and recreation impact, given the small-scale nature of rural enterprise dwellings, this may easily be mitigated through the RAMS payments that are in place as well as through nutrient neutrality mitigation schemes.

Applicants should be aware that the Authority will use appropriate external expertise when necessary to assess the more technical information needed to accompany proposals. The independent review shall be carried out entirely at the applicant’s expense - the applicant will need to meet the cost of this.

Where a new dwelling is permitted, the occupancy will be restricted by condition to ensure that it is occupied by a person, or persons currently or last employed working in local agriculture, horticulture, forestry and other rural activities, or their surviving partner or dependant(s).

Because of changing farm practices, the vulnerability of the agricultural sector and potential decline in other rural businesses, there may be instances where a dwelling or mooring for a rural worker is no longer needed. The Authority will only consider favourably applications to remove occupancy conditions where it can be demonstrated that there is no longer a need for the dwelling on the particular enterprise on which the dwelling is located, either due to changes in the nature of the business or because the business is no longer viable. Applications for the removal of occupancy conditions will also need to be accompanied by robust information to demonstrate that unsuccessful attempts have been made, for a continuous period of at least 12 months, to sell or rent the dwelling at a reasonable price. This should take account of the occupancy condition, including offering it to a minimum of three local Registered Social Landlords operating locally on terms which would prioritise its occupation by a rural worker as an affordable dwelling, and that option has been refused. With regards to criterion j), unless there are special circumstances to justify restricting the dwelling to the particular enterprise where the dwelling is located, an occupancy condition is likely to allow occupation by other workers in the locality. In this case it should be considered whether there is other demand locally, not just whether the demand for this particular enterprise has ceased.

Proposals for a temporary mobile home or residential mooring for rural workers will only be permitted for a period of up to three years. To protect the landscape character of the Broads, a planning condition will be attached to any permission to ensure that any mobile home or vessel is removed at the end of this three-year period.

The NPPG lists caravans and mobile homes for permanent occupation as a ‘highly vulnerable’ use. Accordingly, a proposal to site a caravan or mobile home in an area defined as being within Flood Zone 3 will be contrary to the NPPG on flood risk.

The policy highlights the need for the scheme to ensure Biodiversity Net Gain in line with national policy and policy PODM15.

The design of the development shall meet the requirements of the Design Guide and design policy PODM51.

Reasonable alternative options

No policy.

Amended, preferred policy.

The original policy, with no amendments.

Sustainability appraisal summary

The following is a summary of the assessment of the policy and alternative(s).

A: No policy: 0 positives. 0 negatives. 9 ?

B: Preferred Option: 6 positives. 2 negatives. 1 ? Overall, positive.

C: Original policy: 5 positives. 2 negatives. 1 ? Overall, positive.

How has the existing policy been used since adoption in May 2019?

According to recent Annual Monitoring Reports, the policy has been used and applications have been determined in accordance with the policy.

Why have the alternative options been discounted?

There are some rural enterprises in the Broads that benefit from workers living on site and given the general principle of isolated dwellings tending to not be appropriate, a policy that support them in this instance, subject to specific criteria seems logical. The amendments improve the formatting of the policy, as well as address the issues of design, RAMS, nutrient neutrality, and biodiversity net gain and are therefore considered appropriate.

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Policy PODM47: Elderly and specialist needs housing

  1. Proposals for the development of or change to elderly or specialist needs housing will be supported, subject to other relevant policies in the Local Plan, if they are located within a development boundary and they have regard to:
    1. The local need for the accommodation proposed;
    2. Whether the proposal would result in an undue concentration of such provision in the area; and
    3. Impact upon amenity, landscape character, the historic environment and protected species or habitats.
  2. Proposals will need to be designed to use water efficiently.
  3. Proposals need to have access to reliable digital internet signal.

Reasoned Justification

This policy reflects the ageing population of the Broads Authority Executive Area. The NPPG says ‘older people have a wide range of different housing needs, ranging from suitable and appropriately located market housing through to residential institutions (Use Class C2). Local planning authorities should count housing provided for older people, including residential institutions in Use Class C2, against their housing requirement. The approach taken, which may include site allocations, should be clearly set out in the Local Plan’.

Working together, the Norfolk LPAs commissioned research into the demand for specialist retirement housing and accessible housing for older people[139] which was completed in November 2021. This report looks at demand for specialist retirement housing as well as for care homes, dementia housing and accessible and wheelchair housing in Norfolk. This concluded:

  • across the whole of Norfolk in 2020 there is unmet need for 2,809 units of extra care housing[140] and 3,203 units of sheltered housing. By 2041 these figures will have risen to 5,130 and 9,644 respectively.
  • there is a need for over 6,500 more C2[141] bed spaces in 2041 across Norfolk.
  • that at least an additional 26,800 adaptable homes[142] will be required across Norfolk between 2016 and 2036 and at least 27,600 will be required between 2016 and 2041.

The Waveney SHMA finds that 29.3% of households in the Waveney HMA were older person only households (households where all members are 65 or over) and that the population aged 65 or over is going to increase dramatically from 30,131 in 2014 to 42,427 in 2036 in the Waveney HMA, a rise of 40.8%. The Projecting Older People Information System (POPPI) website indicates that the proportion of older persons living alone is projected to increase from 36.5% in 2015 to 38.4% in 2030.

The studies present information at a district council level, and do not identify a need for elderly housing specifically in the Broads Authority Executive Area. The Authority has therefore taken the approach of a criteria-based policy in relation to elderly housing needs to enable applications to be assessed.

It does not necessarily follow that all this need should be provided as additional bed spaces in residential institutions in Use Class C2. The Government’s reform of Health and Adult Social Care is underpinned by a principle of sustaining people at home for as long as possible, thereby avoiding expensive hospital and care home services. Therefore, despite the ageing population, current policy means that the number of care home and nursing home beds needed may increase proportionately more slowly than the number of older people, as people are supported to continue living in their own homes for longer.

Of relevance to housing for older people are the following policies of the Local Plan:

  • Policy PODM48 refers to residential ancillary accommodation, acknowledging that residential annexes to an existing dwelling can create a useful facility for the support and care of family members.
  • Policy PODM51 relates to design, and in particular dementia and lifetime homes and adaptable homes.

The Authority considers it important for this accommodation to be within development boundaries (See PODM43), so they are close to services and facilities to provide benefits to residents, staff who work there and visitors as well as being accessible by a variety of modes of transport.

Reasonable alternative options

Original policy

No policy

Sustainability appraisal summary

The following is a summary of the assessment of the policy and alternative(s).

A: Original policy. 7 positives. 0 negatives. 0 ? Overall, positive.

B; Amended policy. 8 positives. 0 negatives. 0 ? Overall, positive.

C: No policy. 0 positives. 0 negatives. 8 ?

How has the existing policy been used since adoption in May 2019?

According to recent Annual Monitoring Reports, the policy has been used and schemes are in general conformity with the policies.

Why have the alternative options been discounted?

Given the ageing population of the area, a policy that guides elderly and specialist housing is favoured.

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Policy PODM48: Residential ancillary accommodation

  1. Residential ancillary accommodation within the curtilage of an existing residential dwelling is acceptable in principle, subject to other policies of the Local Plan.
  2. Residential ancillary accommodation shall be functionally integral to the main dwelling. Where this is not possible, residential ancillary accommodation shall be physically attached to the main dwelling. Only where this is not feasible will consideration be given to the conversion of a suitable existing detached outbuilding within the curtilage, and only where this is not feasible will consideration be given to new build detached residential ancillary accommodation. In all cases, there will be no boundary treatments that physically separate the accommodation from the main dwelling or a separate vehicular access, and this will be managed by condition.
  3. Where permission is required, development proposals for the creation of a residential annexe will only be supported where:
    1. the annexe is clearly ancillary to and subservient in size and scale to the host dwelling, and of a design which, taken as a whole, complements the host dwelling; and
    2. the annexe is within the residential curtilage and situated near to the host dwelling such that future separation from the host dwelling will not be achievable.
  4. In all cases, restrictions will be applied limiting the occupation of the residential ancillary accommodation by condition/planning obligation to remain ancillary to the main dwelling and preventing the sale of the residential ancillary accommodation on the open market separate to the main dwelling.
  5. Development proposals not meeting these criteria will be considered as a new dwelling and will be assessed against relevant policies as such.
  6. Schemes may be required to mitigate for Nutrient Enrichment and Recreation Impacts, depending on their location and depending on the details of the scheme.
  7. In terms of design, residential ancillary accommodation proposals will meet the following criteria, as well as other relevant policies in the Local Plan:
    1. The proposal must not cause any other harm, such as, but not limited to, amenity (including on occupiers of the annexe, the original dwelling and neighbours), heritage and biodiversity assets, highways, parking, flood risk or character of the locality.
    2. Proposals will be water efficient (see policy PODM6) and meet the requirements of the energy efficiency policy.
    3. Applicants should consider the proposal to be adaptable in line with policy PODM51.
  8. Any proposal for residential ancillary accommodation to be used as holiday accommodation will need to comply with the sustainable tourism policies.

Reasoned Justification

The creation of residential ancillary accommodation to an existing dwelling can create a useful facility for the support and care of family members. With an increasingly elderly population and rising life expectancy in the area, there are more people who, although capable of living relatively independently, could benefit from living close to relatives or carers for support. This need can often be met through the purchase of a nearby property. However, on some occasions it may be important for the carer or relative to be closer at hand to provide care and support at short notice. Residential ancillary accommodation can offer a way of addressing this more immediate need. It can also provide additional domestic accommodation.

Fundamentally, residential ancillary accommodation needs to be designed so that it will continue to be used as part of (integral to) the main dwelling, without creating an independent dwelling unit. This should include the option of absorbing the residential ancillary accommodation back into the main dwelling accommodation, if necessary, by the same or future occupiers. The occupiers should still all be living together as one family and not occupying the buildings completely separately and independently of one another.

There are two ways the Authority considers residential ancillary accommodation to be integral. Residential ancillary accommodation can be functionally integral, which means that only a bathroom or kitchen is provided and not both, with the existing building providing the other facility. If physically attached to the main building, independent facilities could be acceptable subject to a link being maintained between main dwelling house and residential ancillary accommodation. Residential ancillary accommodation can also be physically integral/dependent, which means it is attached to the existing building and therefore shares facilities with the existing building. In both cases, it is acceptable for residential ancillary accommodation to have a separate entrance.

The provision of residential ancillary accommodation outside of development boundaries could lead to detrimental impacts on the environment and landscape. Unduly large or detached residential ancillary accommodation can prove an economic and practical liability when vacated or when the property changes hands, leading to pressure for the residential ancillary accommodation to be severed and sold or let separately from the main dwelling. This can create sub-standard dwellings with inadequate standards of access, amenity and space and future pressure to permit the residential ancillary accommodation to be let or sold as an independent unit, contrary to the objectives of sustainable development and to other policies in the Local Plan. This could create a new dwelling where it would not otherwise be permitted.

As such, it is usually preferable for residential ancillary accommodation in rural areas to be in the form of extensions to existing dwellings, capable of serving the needs of the dependents but easily re-integrated into the existing dwelling when no longer required.

Detached residential ancillary accommodation in the countryside is more likely to be visually prominent and is often set in larger plots, thereby being more likely to be capable of being let or sold independently in the future. The conversion of existing outbuildings (such as garages) to residential ancillary accommodation can be preferable to a new annexe being built. The conversion of an existing suitable building is less likely to be visually intrusive and it is likely that a converted building can be returned to its original use when no longer required. However, in some circumstances the conversion of existing buildings may be undesirable, particularly if it would lead to the requirement for new outbuildings to be built or for the converted building to be substantially altered (in order, for example, for it to be habitable as it may not be a building intended to be lived in, such as a garden shed). An additional consideration will be the distance from the main dwelling of any existing outbuilding proposed to be converted to a residential ancillary accommodation. The further away the proposed residential ancillary accommodation is from the main dwelling, the less the functional integration.

In relation to the design of the accommodation, other policies of the Local Plan will be of relevance. For example, where there is a supply of water in the new accommodation, it shall be designed to only use 110l/h/d of water. As another example, it may be beneficial to make the accommodation adaptable so its form can change over time to reflect circumstances.

Any residential ancillary accommodation will have planning conditions or obligations attached to the permission which could relate to the occupier(s) of the accommodation or prevent use as an independent separate dwelling.

Reasonable alternative options

The original policy, with no amendments.

No policy

Sustainability appraisal summary

The following is a summary of the assessment of the policy and alternative(s).

A: No policy: 0 positives. 0 negatives. 9 ?

B: Keep original policy: 2 positives. 0 negatives. 2 ? Overall, positive.

C: Preferred Option - amend policy: 9 positives. 0 negatives. 0 ? Overall, positive.

How has the existing policy been used since adoption in May 2019?

According to recent Annual Monitoring Reports, the policy has been used and the vast majority applications have been determined in accordance with the policy.

Why has the alternative option been discounted?

The preferred option policy is favoured because it brings out the importance of design and clarifies things in relation to if the proposal is to be used for holiday accommodation as well as clarifying that friends may be able to use the accommodation.

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Policy PODM49: Replacement dwellings

  1. There is a presumption towards re-using and refitting dwellings rather than replacing them, to reduce carbon emissions. If a proposal seeks the demolition and replacement of an existing dwelling, it will need to be fully justified and explained why the existing dwelling cannot be re-used and/or refitted. Where there is no justification or an inadequate justification is provided, the replacement of the dwelling will not be permitted.
  2. Where the requirements of (1) have been met, replacement dwellings will be permitted on a one-for-one basis provided that:
    1. The existing dwelling has a lawful residential use; and
    2. The existing dwelling has no historic, architectural, or cultural significance making it worthy
      of retention and it is not valuable to the character of the settlement or wider landscape; and
    3. The original dwelling is a permanent structure, not a temporary or mobile structure.
  3. If criteria a and b and c have been met, that:
    1. The scale, mass, height, design, and external appearance of the replacement dwelling are appropriate to its setting and the landscape character of the location; and
    2. The replacement would be located on the same building footprint as the existing dwelling or in an alternative location within the same curtilage, which would be at a lower risk of flooding or would provide benefits for landscape, wildlife, or cultural heritage; and
    3. Dark skies are protected, in line with policy PODM27; and
    4. Biodiversity enhancements are included, as per policy PODM14.
  4. Where permission is granted, conditions/legal agreement will be attached to ensure that the existing dwelling is demolished and removed from the site prior to the replacement dwelling first being occupied.

Reasoned Justification

Applications for replacement dwellings often come forward where an existing dwelling is in disrepair. The policy seeks full justification for demolition and replacement as opposed to retrofit and repair. Given the climate crisis this measure is intended to reduce emissions and retain embodied carbon in existing buildings. See Policy PODM2: Embodied Carbon.

Replacement dwellings of a scale, mass, height, design or external appearance inappropriate to their setting can, either individually or cumulatively, have a detrimental impact on the landscape character of the Broads or undermine the reasons for its designation. The replacement of dwellings therefore needs to be managed to prevent development that would be unacceptable by virtue of its size, design, or positioning.

Where the residential use has been determined to have been abandoned, any proposals will be assessed against policies relevant to new build residential dwellings.

Replacement by a new dwelling of modern building and energy efficiency standards will demand particular attention to design and siting to avoid harm to the landscape and character of the area.

The replacement dwelling should be sited on or close to the existing footprint of the building unless the benefits that may be achieved for flood risk, landscape character, wildlife or cultural heritage can justify the replacement dwelling to be sited in an alternative location. In such situations, locations inherently more sustainable will be favoured, such as replacing a remote substandard dwelling in the open countryside with a dwelling in a nearby settlement.

In terms of this policy the ‘existing dwelling’ is the dwelling as it exists at the point of application to the Broads Authority.

Proposals need to consider dark skies (see policy PODM27) and be designed to be water efficient (see policy PODM6). Furthermore, the Design Guide[143] (or successor document) will be of relevance.

A legal agreement/condition will also be attached to any planning permission to ensure that where the existing building is not demolished prior to construction, it is removed from the site prior to the replacement building being occupied.

If a proposal is considered in the context of Policy PODM14 to potentially have an effect on a habitat site, it will need to be considered against the Habitats Regulations and a project level Appropriate Assessment undertaken. Being a replacement dwelling, it is not likely to require mitigating in terms of recreation impact. As set out in policy PODM4, replacement dwellings are required to improve their existing method of disposing of foul water, and therefore nutrient enrichment may be a consideration. Of relevance to proposals for replacement dwellings is policy PODM4 on water quality and policy PODM7 on flood risk, in particular the information relating to footprint in Policy PODM7: Development and Flood Risk

Reasonable alternative options

Original policy

No policy

Sustainability appraisal summary

The following is a summary of the assessment of the policy and alternative(s).

A: keep the original policy: 2 positives. 0 negatives. 0 ? Overall positive

B: No policy: 0 positives. 0 negatives. 6 ?

C: Preferred Option: 6 positives. 0 negatives. 0 ? Overall positive

How has the existing policy been used since adoption in May 2019?

According to recent Annual Monitoring Reports, the policy has been used and schemes have been in conformity.

Why has the alternative option been discounted?

Not having a policy is discounted because applications for replacement dwellings are common in the Broads. The amended policy includes some important issues such as justifying demolition, addressing light pollution and biodiversity enhancements. These issues are important and therefore the amended policy is preferred.

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Policy PODM50: Custom/self-build

  1. Custom/self-build dwelling proposals will be considered in accordance with other policies in the Local Plan including the policies on the location of new dwellings.

Provision of plots on large/multi-dwelling sites

  1. The Authority encourages developers of multi-dwelling sites to set aside part of their scheme for custom/self-build plots.
  2. Proposals for 100 or more dwellings will provide serviced plots to deliver at least 5% of the total number of dwellings on the site as self-build or custom build homes. All plots set aside for self-build or custom build housing (secured via a legal agreement or planning condition) must include:
    1. legal access onto a public highway;
    2. water, foul drainage, broadband connection, and electricity supply available at the plot boundary;
    3. sufficient space to build without compromising neighbouring properties and their amenity and the amenity of future occupiers; and
    4. an agreed design code or plot passport for the plots.

Unsold plots

  1. If plots remain unsold after a thorough and proportionate marketing exercise which:
    1. includes making details available to people on the custom and self-build register at the Broads Authority; and
    2. covers a period of at least 12 months from the date at which the plots are made available (with the 12-month time frame not commencing until (i) thorough and appropriate marketing is in place and (ii) criteria (a)-(d) have been implemented); and
    3. is in accordance with the principles set out in the Marketing Guide…

… these plots may be built out as conventional market housing subject to detailed permission being secured and the Authority being satisfied that e) and f) and g) have been satisfactorily concluded.

Design principles

  1. Proposals for multiple plots for self-build or custom build dwellings in a single site location should be developed in accordance with a set of design principles to be submitted with any application and agreed by the Local Planning Authority.

Reasoned Justification

'Self-build' or ‘custom-build’ is when someone obtains a building plot and builds their own home on it. Most of the work can be completed by the future occupiers, or the future occupier could take the role of project manager and employ professionals to deliver their plans. Such homes can be built as a one off or on a community basis. The Government wants to enable more people to build their own home and wants to make this form of housing a mainstream housing option.

It is important to understand that self-build/custom-build schemes are still required to meet the policy requirements in local plans as well as national policy and guidance and are subject to the same constraints as developer delivered dwellings.

The Authority is not likely to receive applications for large scale development, but our policy does encourage developers to set aside plots for custom/self-build plots. If schemes of over 100 dwellings do come forward in the Broads, the policy requires 5% to be delivered as serviced plots for self-build. The policy does cover the eventuality that the serviced plots, even after a thorough and proportionate marketing exercise over a 12-month period, are not sold and are not taken forward as self-build plots. The policy also covers the design of self-build schemes referring to plot passports and design codes or guidelines for sites with multiple plots. The Design Policy and Design Guide (or successor document) will be of relevance. A plot passport is a succinct summary of the design parameters for a given plot. They add value by acting as a key reference point for the purchaser, capturing relevant information from the planning permission, design constraints and procedural requirements in an easily understandable and readily accessible format.

In accordance with policy POSP15 and PODM50, custom/self-build development is directed to settlements with development boundaries. Custom/self-build proposals in rural areas will be determined in line with other policies in this Local Plan.

Custom/self-build register

Since April 2016, the Authority has had a register[144] in place where those wishing to build their own homes can register their interest. At the time of writing, there were around 370 individuals interested in building their own home on the register. However, it is important to note that the register covers four Local Planning Authorities who use the same register: South Norfolk, Breckland, King’s Lynn and West Norfolk and the Broads Authority. When assessing the register, in the vast majority of cases, individuals have stated that they wish to develop in the Broads as well as in another district; few, if any, individuals express a desire to develop in the Broads alone. There is a duty on Local Planning Authorities to grant sufficient development permissions to meet the demand for self-build and custom house building. Importantly, the Broads Authority has had an exemption to this duty to since base period 2 (from 31 October 2016). This exemption effectively reflects that the Broads is a desirable place to build a dwelling, but there is limited land available.

Reasonable alternative options

No policy

Original policy with no amendments.

Sustainability appraisal summary

The following is a summary of the assessment of the policy and alternative(s).

A: Keep original policy: 1 positives. 0 negatives. 0 ? Overall, positive.

B: No policy: 0 positives. 0 negatives. 1 ?

C: Amended: 1 positives. 0 negatives. 0 ? Overall, positive.

How has the existing policy been used since adoption in May 2019?

According to recent Annual Monitoring Reports, the policy has not been used.

Why has the alternative option been discounted?

An alternative option is to not have a policy. By having a policy, it brings the important considerations into a policy and seeks to promote self-build schemes where appropriate to help deliver more self-build.

  • [124] Local Housing Needs Assessment for the Broads: https://www.broads-authority.gov.uk/__data/assets/pdf_file/0026/432476/Great-Yarmouth-and-The-Broads-Authority-LHNA_Final-Version-2.pdf

  • [125] Please note that the sites at Oulton Broad and Thurne all have planning permission. Their allocations continue in the Local Plan as the schemes have not been completed yet. We have not included their numbers in meeting the current need, as they were permitted prior to 2021. The site at Stokesby also has planning permission and this was granted May 2021 – the 4 dwellings have been included as permissions rather than by considering the allocation.

  • [126] Settlement Study: https://www.broads-authority.gov.uk/__data/assets/pdf_file/0034/416599/Settlement-study-updated-Feb-2023.pdf

  • [127] HELAA: https://www.broads-authority.gov.uk/__data/assets/pdf_file/0023/491405/HELAA-September-2023.pdf

  • [128] The NPPF 2023 defines Major Development as: Major development: For housing, development where 10 or more homes will be provided, or the site has an area of 0.5 hectares or more. For non-residential development it means additional floorspace of 1,000m2 or more, or a site of 1 hectare or more, or as otherwise provided in the Town and Country Planning (Development Management Procedure) (England) Order 2015.

  • [129] This is the constituent council – Broadland, Great Yarmouth, North Norfolk, Norwich, South Norfolk, East Suffolk Council (formerly Waveney District Council)

  • [130] First Homes - GOV.UK (www.gov.uk)

  • [131] Since April 2019, there have been 37 net new market dwellings permitted in 17 applications.

  • [132] It is important to note that the part of North Norfolk that is in the Broads is a designated rural area. Whilst current North Norfolk District Council (NNDC) policy is not to introduce a lower threshold, the Council may do this in future. At the time of writing this Local Plan NNDC were reviewing their Local Plan.

  • [133] If the occupancy condition is removed from a holiday home, then this affordable housing policy will apply as per the thresholds set out within it.

  • [134] Housing and Planning Act (2016) (pdf | legislation.gov.uk)

  • [135] Refer to www.gov.uk/guidance/pollution-prevention-for-businesses for information on pollution prevention measures.

  • [136] Residential Moorings Need Assessment (broads-authority.gov.uk)

  • [137] The NPPG (Use of planning conditions - GOV.UK (www.gov.uk)) says ‘It will rarely be justifiable to grant a second temporary permission (except in cases where changing circumstances provide a clear rationale, such as temporary classrooms and other school facilities). Further permissions can normally be granted permanently or refused if there is clear justification for doing so. There is no presumption that a temporary grant of planning permission will then be granted permanently’.

  • [138] At the time of writing, this was being finalised.

  • [139] Study of demand for specialist retirement housing and accessible housing for older people and related planning and viability issues (north-norfolk.gov.uk)

  • [140] Retirement housing with a high level of services and facilities, meals and personal care services. Seen as an alternative to residential care. Sometimes referred to as “Housing with Care”.

  • [141] Residential care homes, hospitals, nursing homes, boarding schools, residential colleges and training centres. Care homes provide accommodation and personal care for people who need extra support in their daily lives. Personal care might include help with eating, washing, dressing, going to the toilet or taking medication. Some care homes also offer social activities such as day trips or outings. Care homes are sometimes referred to as residential homes. Nursing homes provide personal care as well as assistance from qualified nurses. These are

    sometimes called care homes with nursing.

  • [142] Accessible and adaptable housing will provide safe and convenient approach routes into and out of the home and outside areas, suitable circulation space and suitable bathroom and kitchens within the home. Wheelchair user dwellings include additional features to meet the needs of occupants who use wheelchairs or allow for adaptations to meet such needs.

  • [143] At the time of writing, this was being finalised.

  • [144] Self-build and custom build register (broads-authority.gov.uk)