Publication

10. Two additional numbered points should be added to the policy, to read as follows:

• “New development on the site will be required to fund the repair and conversion of the listed buildings. The cost of these works may lead to a need for a reduction in the provision of affordable housing and / or other planning obligations, and flexibility in the mix of uses to be provided within the site. This matter will be considered through a financial viability assessment, to be provided with a planning application, and independently assessed by the Council’s own independent consultant. In assessing a planning application, the Council will place the greatest importance on the repair and future security of the listed buildings.”

• “The Council will work co-operatively with the developer of the site to ensure the policy’s requirements relating to riverside access can be delivered.”

1. We represent Norwich River Ltd, a company which has recently exchanged contracts on the purchase of this site, and who will become the land owner in the near future. Norwich River Ltd are in the process of purchasing the site in order to submit a planning application for residential-led development.

2. Norwich River Ltd support the proposed allocation of this land, in a manner which is similar to the existing allocation within the adopted Local Plan. However, they consider that the policy needs to be amended in order to ensure that it would meet the soundness tests.

Delivery

3. Norwich River Ltd intend to seek planning permission shortly, beginning with a pre-application enquiry within the next couple of months, and a planning application soon thereafter. They would then be looking to deliver the development within the next couple of years, and comfortably within the immediate 5-year period. They are comfortable with the policy’s proposal that a minimum of 20 dwellings should be provided.

Enabling Development

4. The site contains Grade II* and Grade II listed buildings. Grade II* listed buildings make up only 5.8% of all listed buildings, and they are recognised as being particularly important buildings of more than special interest. The Grade II* listed building (125 and 125A King Street) dates from the early 16th century. No. 129 King Street is Grade II listed, and it contains some 13th and 15th century remains, which are built into a 19th Century warehouse.

5. Norwich River Ltd are mindful that the cost of refurbishing the listed buildings within the site will be very substantial. These buildings are on the Council’s “at risk” register, and their condition appears to be deteriorating. Whilst Norwich River Ltd are committed to protecting them as far as is possible in the short-term, there is a clear need for extensive repairs, particularly in the case of the Grade II* listed building. It is also important that the buildings should be converted, and put back into a use which will ensure their future maintenance. Should the buildings be left unconverted and unprotected, there is a danger that this could result in “substantial harm”, which paragraph 194(b) of the NPPF notes should be “wholly exceptional” in the case of Grade II* listed buildings.

6. It is therefore essential that development should proceed on this site, to secure the buildings’ future. Doing so would provide a major public benefit. It would also help the Council to comply with their duty to protect these listed buildings.

7. It is likely that the cost of these works will necessitate a viability assessment, and the residential element of the development will essentially be enabling development to fund the refurbishment and conversion of the listed buildings. This may require reduced provision of the normal planning obligations. It may also be necessary for a greater proportion (or all) of the development to be in residential use, as this generates a higher financial return. These matters could be determined through a financial viability assessment, to be considered during the course of determining a planning application. However, we consider that it is important that this matter should be acknowledged through the policy’s wording, so as to ensure that there will not be any further unnecessary delay with approving a planning application, and getting on with securing the listed buildings’ future.

8. We consider that this approach would be consistent with paragraph 202 of the NPPF, which allows for the need for enabling development to outweigh other policy requirements, in order to protect heritage assets.

Riverside

9. The land immediately adjacent to the river is within the Council’s ownership. Norwich River Ltd are happy to work with the Council to deliver the aspects of the policy which relate to a riverside walk, and access along the river frontage. However, it would be helpful if the policy could acknowledge that the Council will also have a role in ensuring this happens.

Soundness Tests

11. The proposed changes to the policy are required in order to ensure that the Local Plan will be effective, in both delivering new development within the site, and riverside access, and also ensuring that the future of the listed buildings would be secured.

12. These changes would also be consistent with national policy, particularly paragraph 202 of the NPPF.

13. Making these changes would help the plan to be positively prepared, as it would help to ensure that development could come forward, that riverside access will be made available, and that the future of the listed buildings would be secured.