Publication

Policy 7.6 refers to the possibility of a new settlement being needed through the next Local Plan. It is noted that a strategic scale development for a new settlement of 1,000 dwellings has been promoted through Draft GNLP at land to the west of Marsham (Site Ref. GNLP0229). It is noted that new settlements typically take much longer to proceed through the planning processes than originally predicted, largely because they are complex and require significant levels of primary infrastructure to be provided. It is normally the case that new settlements are not able to deliver policy compliant levels of affordable housing, at least not in the initial stages, mainly because of the costs associated with the delivery of transport and utilities infrastructure improvements and new community facilities. It is suggested that the timescales for the delivery of new settlements, and the ability of these types of development to provide policy compliant levels of affordable housing, should be fully understood and assessed before they are considered as an option for a future Local Plan. No modifications are requested.

Appendix 5 of Draft GNLP sets out the number of dwellings to be provided in each of the village clusters in Broadland and includes 35 dwellings for Marsham. Marsham contains a primary school, church, village hall and public house. There are businesses within the village that provide employment opportunities for local residents. The village is on a bus route providing frequent bus services to Norwich, Sheringham, Reepham and Cromer. Marsham is located approximately 2km to the south of Aylsham, which is a designated Main Town and contains a good range of services and facilities including convenience stores and a secondary school. Marsham represents a suitable and sustainable location for additional residential development, and an additional 35 dwellings in the village would support existing services and facilities and deliver additional affordable housing for local residents. Therefore, the approach of directing an additional 35 dwellings to Marsham is supported.
However, as set out elsewhere in the Noble Foods Ltd representations, there are significant constraints associated with the proposed allocation in Marsham, at Site Ref. GNLP2143: Land south of Le Neve Road, on the basis that development in this location would have a significant impact on heritage assets and landscape character. In contrast, there are no significant constraints to development at the Fengate Farm site promoted as an alternative allocation by Noble Foods Ltd (Site Ref. GNLP3035). There are no significant heritage, landscape, or ecological constraints to development at the Fengate Farm site, and a suitable vehicular and pedestrian accesses is available including to enable a safe and convenient walking route to the primary school. Therefore, the land at Fengate Farm should be allocated as an alternative allocation to meet the requirement for 35 additional dwellings at Marsham.
No modifications are requested to Appendix 5 in terms of the number of dwellings proposed for Marsham.

To delete the following allocation:
Policy GNLP2143: Land south of Le Neve Road, Marsham

Paragraph 163 of Draft GNLP indicates that the strategy and site allocations are based on an extensive evidence base. That evidence base includes the Housing and Economic Land Availability Assessment (HELAA), Site Assessment Booklets, and the Sustainability Appraisal (SA).

Paragraph 35 of the NPPF identifies how soundness will be determined for plan-making. The justified soundness test states: “an appropriate strategy, taking into account the reasonable alternatives, and based on proportionate evidence;…”. To be justified means that policies and site allocations in Draft GNLP should be based on robust and credible evidence.

It is considered that the findings of the site assessments for some of the preferred allocations and reasonable alternatives are not robust or credible, including those in Marsham. The findings of the HELAA and SA assessments and updated commentary for the proposed allocation site (Site Ref. GNLP 2143 and one of the unreasonable alternative sites (Site Ref. GNLP 3035) in Marsham are submitted with these representations.

In summary, Noble Foods Ltd objects to the proposed residential allocation GNLP2143: Land south of Le Neve Road in Marsham on the basis that it is a greenfield site and development in this location would have a significant impact on heritage assets and landscape character. An alternative site at Fengate Farm (Site Ref. GNLP3035) containing vacant and unused buildings is available and has no significant constraints to development, and a suitable vehicular site access onto Old Norwich Road can be provided and a safe route to school is available from the site that avoids the use of the carriageway.

Paragraph 20 of the NPPF expects strategic policies to make provision for the conservation and enhancement of the natural, built and historic environment (criteria d). Paragraph 117 expects planning policies to promote the effective use of land to meet the need for housing. Paragraph 118 expects planning policies to support opportunities to remediate derelict land (criteria c) and to promote and support development of under-utilised land and buildings (criteria d). Paragraph 127 expects planning policies to ensure that developments are sympathetic to local character and history, including the surrounding built environment and landscape setting (criteria c). Paragraph 170 expects planning policies to contribute to and enhance the natural and local environment by protecting valued landscapes (criteria a) and remediating and mitigating derelict land (criteria f). Paragraph 190 requires local planning authorities to identify and assess the particular significance of any heritage asset that may be affected by a proposed development taking account of available evidence and any necessary expertise. Paragraphs 193 to 196 set out the key tests for assessing whether a proposed development would lead to substantial harm or less than substantial harm to a heritage asset. This national guidance is relevant to the decision to allocate the land south of Le Neve Road, and as set out below development at this site would be inconsistent with this guidance.

It is noted that the Objectives of Draft GNLP refers to minimising the loss off greenfield land (see Paragraph 148) and seeks to make efficient use of land (see ‘homes’ objective at Paragraph 151). Policy 2 seeks to deliver high quality development including through the efficient use of land and by avoiding impacts landscape and heritage. Policy 3 seeks to protect and enhance the historic and natural environment including landscapes. As set out in the representations to these policies, the proposed development at land south of Le Neve Road would be inconsistent with the requirements of these policies.

Noble Foods Ltd instructed consultants to assess the heritage and landscape impacts of the proposed development at land south of Le Neve Road. The Heritage Report (prepared by Orion Heritage) and the Landscape Appraisal (prepared by FPCR) are submitted with these representations.

It is concluded in the Heritage Report that development at land south of Le Neve Road would adversely impact the setting and landmark qualities of the church tower at All Saints Church (Grade I Listed Building), and that even with landscape mitigation measures the proposed development would be perceived in key views of the church. This outcome, if land south of Le Neve Road is confirmed as an allocation in Draft GNLP, would be contrary to Paragraphs 20, 127, 190 and 193 to 196 of the NPPF and would be inconsistent with Polices 2 and 3 of Draft GNLP. In contrast the promoted development at Fengate Farm would have no significant impact on heritage assets.

It is concluded in the Landscape Appraisal that development at land south of Le Neve Road would have an unacceptable impact on the character and appearance of the open land that currently forms part of the setting of the village and the church, and it is unlikely that landscape mitigation would address the visual harm. This outcome, if land south of Le Neve Road is confirmed as an allocation in Draft GNLP, would be contrary to Paragraphs 20, 127, and 170 of the NPPF and would be inconsistent with Polices 2 and 3 of Draft GNLP. In contrast the promoted development at Fengate Farm would have no significant impact on landscape character.

The proposed residential allocation GNLP2143: Land south of Le Neve Road in Marsham is a greenfield site. It acknowledged that to meet the housing requirement will involve the use of greenfield land. However, in the case of Marsham a vacant and unused site containing fire damaged buildings is available on the edge of the village at Fengate Farm, and this site should have been allocated in preference to the greenfield site at land south of Le Neve Road. The proposed allocation at land south of Le Neve Road will not minimise the loss of greenfield land or lead to the efficient use of land, and as such would be contrary to Paragraphs 117, 118 and 170 of the NPPF and would be inconsistent with Policy 2 of Draft GNLP.

In conclusion, the decision to allocate land south of Le Neve Road in Marsham for residential development is not sound because the evidence informing that decision is not robust and development at this site would not be consistent with national policy. Therefore, it is requested that the proposed allocation GNLP2143 at land south of Le Neve Road in Marsham is deleted.

To allocate the following site as an alternative to GNLP2143:

Policy GNLP3035: Land at Fengate Farm, Marsham (approx. 3.06 ha) is allocated for residential development. The site is likely to accommodate approximately 35 homes. The main vehicular and pedestrian access would be via Old Norwich Road, with Fengate providing an emergency and pedestrian/cycle access.

The policy wording could identify the technical surveys to be prepared for a planning application, the existing features on the site to be retained, and any specific design issues to be included within the development.

Alternative Allocation at Marsham – Site Ref. GNLP3035 Fengate Farm, Marsham

Noble Foods Ltd has requested that land south of Le Neve Road in Marsham (Site Ref. GNLP2143) is deleted as an allocation because it is not sound and would lead to significant impacts on heritage assets and landscape character. Noble Foods Ltd is promoting an alternative site for a residential allocation in Marsham, at Fengate Farm (Site Ref. GNLP3035).

The Fengate Farm site contains vacant and unused buildings and areas of hardstanding associated with a former poultry unit. The former poultry use ceased in 2011. The buildings were damaged by fire in early 2020. The site is visible from the High Street and neighbouring properties. There are existing vehicular accesses to the site off Fengate and off Old Norwich Road; both of which served the previous poultry use. The site will not be reused as a poultry unit or for any other agricultural use unless the landowner is faced with no option but to reconsider these alternatives.

Noble Foods Ltd instructed consultants to assess the heritage and landscape impacts of the promoted development at Fengate Farm. The Preliminary Ecological Appraisal (prepared by The Landscape Partnership), Heritage Report (prepared by Orion Heritage), Landscape Appraisal (prepared by FPCR) and Transport Access Appraisal (prepared by SLR Consulting) are submitted with these representations.

The Preliminary Ecological Appraisal prepared for the promoted development at Fengate Farm demonstrates no significant impacts on locally important sites, flowering plants, invertebrates, great crested newts and other amphibians, aquatic mammals, water vole, otter, and foraging bats. The Appraisal recommends mitigation to avoid adverse impacts on habitats, amphibians, breeding and wintering birds, and foraging bats. Further detailed surveys are recommended for badger, reptiles, and roosting bats. The Appraisal identifies potential enhancement measures that could be delivered in conjunction with the promoted development, including permanent wildflower grassland and native scrub habitat, a wildlife pond, enhancement and appropriate management of site boundary habitats, bat roost boxes, species-specific bird nest boxes and insect refuges. It is considered that there are no ecological constraints to the promoted development, subject to further surveys, the implementation of mitigation measures, and the inclusion of ecological enhancements.

The Heritage Report identifies some heritage sensitivities at the Fengate Farm site, but these should not prevent development at the site. It is suggested that with careful location of built development, appropriate building heights and natural screening, there would be no adverse impacts on the significance and setting of heritage assets.

The Landscape Report demonstrates that the Fengate Farm site makes a very limited contribution towards visual amenity of the village and the wider rural landscape. It is suggested that the promoted development would result in minimal harm to views from the wider landscape or the surrounding settlement. It is considered that it would substantially enhance the townscape of Marsham if the fire damaged buildings at Fengate Farm were removed and replaced by residential development.

The Transport Access Appraisal assesses the suitability of the Fengate Farm site in terms of transport and access, and in particular deals with the two reasons why the site was not selected for allocation, which were that an access via Fengate was not considered suitable and that a pedestrian access to the school is unsafe. In summary, the main vehicular and pedestrian access to the promoted development would be from Old Norwich Road with the access from Fengate used as an emergency and pedestrian/cycle access, and alternative safe access to the school is available via Le Neve Road and Wathen Way which means that pedestrians would not be required to walk in the carriageway on the High Street. It should be noted that access to the former poultry unit at the site was provided from both Old Norwich Road and Fengate. The main vehicular access to the promoted development would be via Old Norwich Road, comprising a 5.5m wide access road and 2m wide footway and set perpendicular to the public highway for the first 15m. The junction visibility to the north and south are adequate with a 43m splay visible from a 2.4m setback. The proposed main vehicular access would be in accordance with highway design standards. The main vehicular access would connect with the Old Norwich Road/High Street junction, which contains a suitable carriageway width and standard entry/exit radii to accommodate the promoted development including during construction. A review of the accident data indicates that there are no safety issues at the Old Norwich Road/High Street junction. The most direct pedestrian access to Marsham Primary School from the east is via High Street, but this route lacks pedestrian footways. It is noted that the lack of pedestrian footways on part of the High Street close to the school presents difficulties for all pedestrians in the village; the proposed development could deliver improved signage or traffic calming measures to address the current difficulties. The Access Appraisal identifies an alternative safe access to the school via Le Neve Road and Wathen Way which means that pedestrians would not be required to walk in the carriageway. It is noted that the pedestrian route between the primary school and the preferred allocation at land south of Le Neve Road (Site Ref. GNLP2143) also uses Le Neve Road and Wathen Way. The alternative safe route between the school and the proposed development does not reflect the natural pedestrian desire-line, but it does demonstrate that a safe route option is available for pupils/parents/guardians which is within a realistic walking distance. This route could be promoted as part of a residential travel plan that would be developed and implemented as part of the promoted development. In addition, there may also be scope for highway improvements on the High Street, including improved signage or physical measures incorporated into traffic calming arrangements such as at the point of pedestrian crossing from FP31 (see Figures 4 to 7 in Access Appraisal). Therefore, it is concluded that land at Fengate Farm is suitable for residential development, with vehicular access achievable via Old Norwich Road and a safe pedestrian route between the site and the primary school.

A planning application for 36 dwellings at the site was submitted in 2013, which was refused and dismissed at appeal (Appeal Ref: APP/K2610/A/14/2223121). The number of dwellings proposed in the application exceeded the limit for service villages that applied at the time. The application was submitted in full, and there was some concern raised about the proposed design and layout. There were no concerns about a vehicular access off Old Norwich Road raised at the Inspector in the appeal decision.

A contamination assessment would need to be undertaken because of the previous uses at the site.

The previous application at the site included open space, a playground, and allotments, all of which would be a benefit for the village. The existing area of woodland in the southern part of the site would be retained. The existing trees and hedgerows at the site boundary would be retained and enhanced as part of the promoted development. A substantial landscape buffer would be provided at the northern and eastern boundaries of the site. A mix of house types, sizes and tenures would be provided within the promoted development including affordable housing.

The promoted development at Fengate Farm would be consistent with national guidance on key issues e.g. the efficient use of land, no impact on heritage assets, no impact on landscape character, opportunity for biodiversity enhancement, and no transport/access constraints.

For all the above reasons, it is requested that land at Fengate Farm in Marsham (Ref. GNLP3035) should be allocated for residential development in emerging GNLP for 35 dwellings.

In conclusion, with corrected scores for the land south of Le Neve Road (Site Ref. GNLP2143) and land at Fengate Farm (Site Ref. GNLP3035), the Fengate Farm site scores better or equivalent to the Le Neve Road site for most sustainability objectives, and substantially better for landscape and historic environment topics. In these circumstances, the SA should have recommended that the Fengate Farm site is allocated in Draft GNLP as an alternative to land south of Le Neve Road, and this should have been the outcome if the SA were to meet the aim of making Draft GNLP more sustainable. It is not clear why the SA has favoured a greenfield site (at land south of Le Neve Road) in preference to a vacant and unused site (at Fengate Farm) for allocation in Marsham.

Sustainability Appraisal

A key aim of the Sustainability Appraisal (SA) process is to make a plan more sustainable. It tests the social, economic, and environmental impacts of various plan options, to help choose the most sustainable options. It also seeks to determine the extent to which the principles of sustainable development are integrated into the plan and its policies. The main concern of Noble Foods Ltd with the SA process for Draft GNLP is that the findings of the assessment for some sites are not robust, including for land south of Le Neve Road in Marsham which is a proposed allocation (Site Ref. GNLP2143) and for land at Fengate Farm which is identified as an unreasonable alternative in the site assessment process (Site Ref. GNLP3035). The findings of the SA assessments and updated commentary for Site Ref. GNLP2143 and Site Ref. GNLP3035 are submitted with these representations.

GNLP2143 - Land south of Le Neve Road, Marsham

It is noted that the assessment of the site in the SA identified development at this site as having a ‘minor negative’ impact on landscape and a ‘negligible’ impact on historic environment.

Noble Foods Ltd instructed consultants to assess the heritage and landscape impacts of the proposed development at land south of Le Neve Road. The Heritage Report (prepared by Orion Heritage) and the Landscape Appraisal (prepared by FPCR) are submitted with the Noble Food Ltd representations to Draft GNLP.

It is concluded in the Landscape Appraisal that development at land south of Le Neve Road would have an unacceptable impact on the character and appearance of the open land that currently forms part of the setting of the village and the church, and it is unlikely that landscape mitigation would address the visual harm. Therefore, the ‘landscape’ score for this site is not correct and should be amended from ‘minor negative’ to ‘major negative’.

It is concluded in the Heritage Report that development at land south of Le Neve Road would adversely impact the setting and landmark qualities of the church tower at All Saints Church (Grade I Listed Building), and that even with landscape mitigation measures the proposed development would be perceived in key views of the church. Therefore, the ‘historic environment’ score for this site is not correct and should be amended from ‘negligible’ to ‘major negative’.

It is requested that the assessment of land south of Le Neve Road in Marsham (Site Ref. GNLP2143) in the SA is corrected, with ‘major negative’ scores identified for landscape and historic environment objectives. It is considered that with ‘major negative’ impacts for landscape and historic environment objectives, it should have been concluded in the SA that this site should not be allocated, particularly when an alternative site with no significant impacts is available. As set out above, a key aim of the SA process is to make Draft GNLP more sustainable, including to avoid significant environmental impacts.

Site Ref. GNLP3035 Fengate Farm, Marsham

The site contains vacant buildings and areas of hardstanding, and as such it does not reflect the landscape characteristics of the ‘Marsham and Hainford Wooded Estateland’ LCA. The area of woodland within the site and the trees and hedgerows at the site boundary would be retained as part of the promoted development. The promoted development would include a landscape buffer. The Landscape Report (prepared by FPCR) demonstrates that the Fengate Farm site makes a very limited contribution towards visual amenity of the village and the wider rural landscape. It is suggested that the promoted development would result in minimal harm to views from the wider landscape or the surrounding settlement. Therefore, the ‘landscape’ score for this site is not correct should be amended from ‘minor negative’ to ‘minor positive’.

There are listed buildings located on the High Street in Marsham, but the site has no relationship with the setting of these listed buildings, and in any event, it currently contains vacant buildings associated with the previous poultry unit. It has been assessed that development at the site would have a ‘negligible’ impact on the historic environment topic; it is noted that this score is substantially better than the ‘major negative’ score (as corrected) for the proposed allocated site at land south of Le Neve Road (Site Ref. GNLP2143).

The site is located close to local public footpaths and open spaces and it is not close to an AQMA. The promoted development would include open space and a playground. The SA methodology states that a site must exceed the distance thresholds for all the stated health facilities to score ‘major negative’. However, the Fengate Farm site is located approximately 200m from the Velocity gym and Mayhem soft play centre. Therefore, the ‘health’ score for this site is not correct and should be amended from ‘major negative’ to ‘minor negative’.

In conclusion, with corrected scores for the land south of Le Neve Road (Site Ref. GNLP2143) and land at Fengate Farm (Site Ref. GNLP3035), the Fengate Farm site scores better or equivalent to the Le Neve Road site for most sustainability objectives, and substantially better for landscape and historic environment topics. In these circumstances, the SA should have recommended that the Fengate Farm site is allocated in Draft GNLP as an alternative to land south of Le Neve Road, and this should have been the outcome if the SA were to meet the aim of making Draft GNLP more sustainable. It is not clear why the SA has favoured a greenfield site (at land south of Le Neve Road) in preference to a vacant and unused site (at Fengate Farm) for allocation in Marsham.