The Broads economy

Policy POSP10: A prosperous local economy

  1. Proposals that contribute towards sustainable economic growth, prosperity and employment will be supported, subject to other policies in this local plan, there being no adverse impacts on the special qualities of the Broads, and there being sufficient infrastructure to accommodate proposals.
  2. To support and strengthen the local and rural economy, the Authority will:
    1. Support a stock of premises that are suitable for a variety of business activities, for businesses of differing sizes, and available on a range of terms and conditions for businesses with differing resources;
    2. Protect sites and properties in employment uses from redevelopment resulting in a loss of employment, by supporting and promoting appropriate diversification;
    3. Encourage appropriate new inward investment and expansion;
    4. Support the growth of small and micro business;
    5. Encourage business start-ups – support the growth of entrepreneurial culture; and
    6. Seek an increase in employment opportunities for local residents, including training and apprenticeships.

Reasoned Justification

This policy refers to land use classes B2, B8, and E(g)[105] and uses which are deemed ancillary to these uses. The Authority may impose conditions and/or remove permitted development rights to limit the ability to change use to other uses within Use Class E without the need for planning permission.

Many smaller employment areas have an important role for local communities across the Broads and beyond. Their existence is vital in supporting smaller and, in particular, rural communities and providing local employment and services without the need to travel too far. While much of the land which provides local employment is beyond the Broads Authority Executive Area, it will be necessary to protect those areas which do provide employment from inappropriate redevelopment and to retain them in employment use. The loss of employment-generating businesses would increase the need for commuting and reduce the viability, vitality, diversity, and specialist skills of the local economy, contrary to wider sustainability objectives. Retention in employment use would not necessarily preclude all change but would prevent the loss of local opportunities.

Support of the local economy is not only about the boating industry. There are many other businesses and operators within the Broads who rely on visitors and residents for their livelihood. In the longer-term, diversification of the economic base and the tourism offer may provide the best opportunity to sustain local economic viability.

The viability of communities and local economies would be increased by a widening of the economic base, and there is considerable support for the promotion of diversification, both within the tourism and agricultural sectors.

Agriculture is undergoing a period of substantial change because of reforms to the support mechanisms, and these will have implications for the Broads. Support for agricultural diversification should seek to ensure that the value of the landscape and conservation interest is maintained.

The Authority will promote and seek contributions to the provision of training facilities or other opportunities to improve the skills and qualifications of the resident workforce and help sections of the workforce that are disadvantaged in the labour market (particularly school leavers not in employment, education, or training). Training initiatives will be also supported. Strengthening a skilled workforce in the marine and tourism industries, and in specialist traditional/craft skills on which the distinctive character of the Broads relies, as well as supporting and promoting employment in nature conservation, is also important to the area.

Reasonable alternative options

No 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: Keep original policy: 9 positives. 0 negatives. 0 ? 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 applications have been determined in accordance with the policy.

Why has the alternative option been discounted?

The amended policy is preferred because it provides clarification and refers to other parts of the economy not referred to previously.

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Policy PODM30: New employment development

  1. Proposals for new employment uses (classes B2, B8, and E(g)[106]), or the extension of existing premises used for employment uses, will be approved subject to meeting all of the following criteria and other relevant policies of the development plan:
    1. The site is located within a development boundary or within or adjacent to existing employment sites or is a building that has a lawful employment use;
    2. Proposals do not have an adverse impact on landscape character, Habitat Sites and biodiversity or the historic environment;
    3. Site planning, layout and servicing arrangements are developed comprehensively;
    4. The use does not adversely affect amenity (see policy PODM26) with particular attention paid to noise, disturbance from traffic, hours of operation, external storage, light pollution (see policy PODM27), vibration or airborne emissions including odours;
    5. The development is of a size and scale commensurate with the proposed use;
    6. The proposal meets the requirements of the design guide[107] (or successor document) if relevant;
    7. The site is capable of being satisfactorily accommodated within the highway network;
    8. The site has been designed to promote user accessibility by walking, wheeling, cycling and public transport;
    9. The layout of the site has suitable space for landscaping, parking (including appropriately, designed and located cycle and wheeling parking and also including for large vehicles where appropriate), loading and unloading and any other operational requirements, and responds to natural drainage flow patterns;
    10. The development is sustainable in its energy usage, water use, environmental impact, waste management, flood risk and transport implications;
    11. Adequate protection of groundwater and other watercourses/bodies from pollution from the storage, handling or use of chemicals can be demonstrated to the satisfaction of the Environment Agency;
    12. The proposal does not use the best and most versatile agricultural land (grade 3a and above) (also see peat policy POSP3);
    13. The proposal does not impact unduly on the viability or functionality of farms; and
    14. The proposal makes effective use of previously developed land.
  2. Proposals that improve resilience and adaptation to climate change as well as provide enhanced environmental benefits would be welcomed, subject to other policies in the Local Plan.
  3. Live-work units
    1. Proposals for live-work units should also be in accordance with the housing policies in this Plan.
  4. Home based businesses
    1. The use of part of a residential property, a small-scale extension, the use of ancillary buildings where they are well related to existing buildings or, where no suitable buildings exist, new outbuildings within the domestic curtilage, for a small-scale home-based business will be permitted where there is no adverse impact on the landscape or the amenity of the area or on the occupiers of neighbouring properties.
  5. Class E(g) use
  6. The Authority may impose conditions and/or remove permitted development rights in order to limit the ability to change use to other uses within Use Class E without the need for planning permission.

Reasoned Justification

The NPPF says that Local Plans should support a prosperous rural economy. The Employment Topic Paper[108], which assesses the Employment Studies of the Authority’s constituent Councils, concludes that there is no requirement for the Broads Local Plan to allocate sites for employment use. As such, this criteria-based policy seeks to guide proposals for new employment development.

The National Parks Circular (2010) recognises that conserving and enhancing the natural beauty, wildlife and cultural heritage and supporting vibrant, healthy and productive living and working communities need not be in conflict. It is important that employment is supported in a way that is consistent with Broads Authority objectives and the area’s mostly rural nature. The policy brings together the important considerations when seeking to develop employment related schemes in a protected landscape.

The Authority would welcome floor space suitable for start-ups and small and medium enterprises, as well as managed affordable workspace where viable.

Proposals for new development on waterside sites will also be assessed against Policy PODM33.

Policy POSP5 and PODM14 relating to biodiversity and the Biodiversity Enhancements Guide may be relevant, as new build could provide the opportunity for biodiversity gain.

Reasonable alternative options

No 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. 16 ?

B: Keep original policy: 16 positives. 0 negatives. 0 ? Overall, positive.

C: Preferred Option - amend policy: 16 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?

The amended policy is preferred because it brings into policy the important considerations of design, cycle parking and water use.

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Policy PODM31: Protecting general employment

  1. Sites and properties currently in employment use will be protected by permitting:
    1. The re-use for employment uses in the first instance or, subject to demonstrating that such uses are unviable,
    2. Community facilities or services in the second instance (see policy PODM57). Only if it has been demonstrated that these are not required or feasible in these locations, will tourism and recreation be considered.

Alternative uses

  1. Alternative uses not falling within (a) and (b) will only be -permitted where it is demonstrated to the satisfaction of the Authority that:
    1. The use of the site and/or buildings for uses listed in (a) or (b) above cannot be continued or made viable in the longer term; and
    2. The development would not compromise the operation of remaining employment uses adjacent to the site; and
    3. The proposal provides benefits that significantly outweigh the loss of land for employment uses; and
    4. In relation to proposals for new retail uses/other E Use Classes, other than E(g), the proposal is compliant with the sequential approach to site selection as defined in the NPPG/NPPF or the retail floor space would be ancillary to services at a boatyard. Planning conditions will be used to ensure any approved floor space remains ancillary to the primary use.
  2. Policy PODM30 may be of relevance to any new build element.
  3. Proposals for residential development will be considered in accordance with the relevant housing policies in the Plan.

Business diversification

  1. Business diversification to provide a range of employment uses will be permitted where:
    1. It is demonstrated that the business use of the existing site to be diversified is no longer required for its most recent or other former purpose;
    2. The uses proposed are complementary in scale and kind and support the original business;
    3. There is no loss of local or visitor facilities;
    4. The proposed uses would not have an unacceptable impact on the local transport network;
    5. Proposals do not have an adverse impact on landscape character, Habitat Sites and biodiversity or the historic environment; and
    6. The proposal is in accordance with other policies of the Local Plan.
  2. New build development as part of a business diversification will only be permitted when it can be demonstrated to the satisfaction of the Authority that the diversified use cannot be accommodated through the conversion of an existing building. Diversification proposals shall not involve a significant amount of new build development. Any new buildings will need to be fully justified and must relate well to existing buildings. Policy may be of relevance to any new build element.

Waterside sites

  1. In the case of waterside sites, including boatyards, development proposals will also be determined against Policy PODM33 and will, where appropriate, ensure the retention of facilities for water access and mooring.

Class E(g) use

  1. The Authority may impose conditions and/or remove permitted development rights to limit the ability to change use to other uses within Use Class E without the need for planning permission.

Reasoned Justification

This policy refers to land use classes B2, B8, and E(g)[109] and uses which are deemed ancillary to these uses.

There are limited developable sites within the Broads. As a result, sites in employment use are likely to be under pressure to be developed for alternative uses whenever there is a decline in demand for particular employment uses. However, to support and strengthen the local economy it is essential that the needs of new and existing businesses are not constrained by a lack of suitable sites. The Authority will resist loss of employment uses and sites through change of use to non-employment use, unless it is demonstrated to its satisfaction that (a) the site or building is no longer suitable for its existing use, and (b) the possibility of retaining, reusing, or redeveloping the site or building for similar or alternative type and size of business use has been fully explored over an appropriate period of time.

The policy establishes a sequential approach to protecting general employment sites and properties, and to permitting their change of use or redevelopment to other uses. To prevent the loss of established employment sites and properties, proposals to redevelop them to uses related to community facilities or to sustainable tourism and recreation uses will only be permitted if it can be demonstrated that employment uses are unviable. Only then will alternative uses be permitted, again subject to demonstrating that employment, tourism, recreational or community uses would be unviable.

Applications should be accompanied by a statement, completed by an independent chartered surveyor, which demonstrates that existing employment uses are not viable. The level of detail and type of evidence and analysis presented should be proportionate to the scale and nature of the site and/or property in question. The statement should provide an assessment of the current and likely future market demand for the site or property, and details of the attempts to market it at a reasonable price or rate for a sustained period of 12 months and its value. It should demonstrate that all available opportunities of grant funding and financial support to help retain the employment use(s) have been fully explored and none are viable, and that interventions to improve the attractiveness of the site for employment uses are not feasible. It should also justify the need for the alternative proposed use in this locality and show how the proposed redevelopment would not compromise the primary employment function of the locality or the operations of neighbouring users. The statement will be independently reviewed, entirely at the applicant’s expense.

Non-employment uses in established employment areas can create tensions with existing users and harm the ability of existing businesses to operate effectively. When considering whether a proposed non-employment use has the potential to compromise the operation of remaining employment uses, regard will be had to issues such as noise, odour, dust, hours of operation, vehicular access, parking and servicing and safety associated with both the established and proposed uses.

In considering whether a proposed development would provide benefits that outweigh the loss of employment land, regard will be given to the social and economic benefits of the proposed use. Consideration will also be given to whether the redevelopment of the site or property would deliver improvements to its appearance or result in a reduction in traffic, odour, noise, dust, or other emissions.

If a proposal is considered in the context of this policy to potentially have an effect on a habitats site, it will need to be considered against the Habitats Regulations and a project level Appropriate Assessment undertaken.

The Authority recognises the importance of allowing enterprises to appropriately diversify and generate new income streams to ensure their continued viability. Nevertheless, it is essential that the diversification is carefully managed so it does not harm landscape character, adversely affect the original operation, or have a detrimental impact on the tranquillity of the Broads by resulting in an unacceptable impact on the transport network or unacceptable levels of traffic and noise. Additionally, development proposals that could have an adverse effect on the integrity of a protected site would not be deemed appropriate in accordance with policy PODM14. Existing buildings will be used to accommodate the diversification unless it has been demonstrated that this cannot be achieved. Reasons for this could include, for example, floorspace requirements, structural condition, or impact on neighbouring amenity. New build development as part of diversification will only be permitted where it is regarded as the only viable option. Proposals to diversify to a tourism use will also be assessed against policy PODM35: Sustainable Tourism.

At the time of writing, changes to the Permitted Development Rights in relation to commercial sites were being consulted on. The proposed amendments to Permitted Development may result in further changes to this policy.

Reasonable alternative options

No 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. 5 ?

B: Keep original policy: 4 positives. 0 negatives. 0 ? Overall, positive.

C: Preferred Option - amend policy: 5 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?

The amended policy is preferred because it provides clarification and brings business diversification into this policy.

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Policy PODM32: Farm diversification

  1. Farm diversification to provide a range of employment uses within established farm holdings will be permitted where:
    1. The uses proposed are complementary in scale and kind and support the original farm operation;
    2. The uses proposed are compatible with, but evidenced to be subsidiary to, the agricultural operations on a farm, and that the development is operated as part of the overall agricultural holding;
    3. The diversification is supported by detailed information and justification that demonstrates that the proposals will contribute to the viability of the farm as a whole and its continued operation. Information should be of a scale appropriate to the size of development;
    4. The uses proposed in terms of their scale, nature, location and layout do not detract from or prejudice the existing agricultural undertaking or its future operation;
    5. There is no loss of local or visitor facilities;
    6. The proposed uses would not have an unacceptable impact on the local transport network;
    7. Where the proposal involves the re-use of a building formerly used for agricultural purposes, it is demonstrated that the agricultural use of the building or the site on which it is located is no longer required for its most recent or other former purpose;
    8. It is in an appropriate location for the proposed use, and it is of a scale appropriate to its location;
    9. Scale of activities associated with the proposed use is appropriate to the rural character of the area;
    10. It is of a scale appropriate to the business need; and
    11. The proposal is in accordance with other policies of the Local Plan.
  2. In all cases, regard will be given to the cumulative impacts resulting from the original farm operation and any diversification in place.

New development

  1. The Authority expects existing buildings to be converted rather than requiring new development. If new build development is required, thorough justification will be required.
  2. New build development (including temporary structures) as part of farm diversification will only be permitted when it can be demonstrated to the satisfaction of the Authority that the diversified use cannot be accommodated through the conversion of an existing building.
  3. Diversification proposals shall not involve a significant amount of new build development.
  4. Any new buildings will need to be fully justified and should relate well to existing buildings or farm group.
  5. Development should be complementary in scale and kind to the main farm operation and site area and must not prejudice the existing or future agricultural operations.
  6. Any new building (and parking and other structures/storage) must be modest in scale, sited in or adjacent to an existing group of buildings, compatible design, and blend into the landscape (design, siting and materials).

Farm shops

  1. Farm shops will only be acceptable where a significant proportion of the range of goods for sale is produced on the farm.

Reasoned Justification

Farming is integral to the long-term sustainability of the Broads. It is of economic value and provides employment opportunities, as well as contributing to managing the special landscape character of the Broads and helping to maintain biodiversity. For these reasons, the Authority recognises the importance of allowing farming enterprises to appropriately diversify and generate new income streams to ensure their continued viability.

Nevertheless, it is essential that the diversification of farming is carefully managed so it does not harm landscape character, adversely affect the original farm operation, or have a detrimental impact on the tranquillity of the Broads by resulting in an unacceptable impact on the transport network or unacceptable levels of traffic and noise. Additionally, development proposals that could have an adverse effect on the integrity of a protected site would not be deemed appropriate in accordance with policy PODM14.

To protect the special landscape character of the Broads, the Authority will make sure that existing buildings are used to accommodate the diversification wherever possible. New build development as part of farm diversification will only be permitted where it is regarded as the only viable option.

Proposals to diversify a farm to a tourism use will also be assessed against policy PODM35 : Sustainable Tourism.

If a proposal is considered in the context of this policy to potentially have an effect on a habitats site, then it will need to be considered against the Habitats Regulations and a project level Appropriate Assessment undertaken.

At the time of writing, changes to the Permitted Development Rights in relation to agriculture land uses were being consulted on. The proposed amendments to Permitted Development may result in further changes to this policy.

Applications need to be accompanied by full details of the farm business and information on how the diversification will help the farm business.

In terms of viability requirements set out in the policy, the Authority’s Viability Guide will be of relevance. Applications should be accompanied by a viability statement, completed by an independent chartered surveyor. The level of detail and type of evidence and analysis presented should be proportionate to the scale and nature of the site and/or property in question. The statement will be independently reviewed, entirely at the applicant’s expense.

Camping, glamping and other ‘light touch’ accommodation types have become popular in recent years. They are often presented as minimal or ‘low impact’ forms of development, however whilst the tents, yurts or other structures may have a sense of impermanence around them, these sites usually require some form of permanent infrastructure to support the use (for example toilet and shower facilities, mains connections and parking areas), and these tend to have a more significant impact on the character and appearance of an area. Furthermore, they remain when the tents and other lightweight structures are removed at the end of the season, so introduce a form of permanent development which contrasts with the ‘light touch’ accommodation they support. It is important to consider the cumulative impacts of tourism and recreation proposals on landscape character, nature conservation value and local transport movement.

Delivery of policy

Farm diversification programmes need to include an agricultural diversification statement. This explains how proposals comply with the National Planning Policy Framework as well as local plan and neighbourhood plan policies. The statement should:

  • Explain how the proposal maintains the viability of the farm and how it links to other business plans for the farm.
  • Explain how the use and scale of the proposal relates to the setting of the farm and to predominant agricultural activities on the farm.
  • Demonstrate how the proposal will contribute to the viability of the farm as a whole.
  • Explain how the proposal would create employment for the local community and jobs more generally.
  • Explain how the conversion of existing buildings will be undertaken sympathetically to the character of the farm.
  • For farm shops, identify the products produced on site or locally.

Reasonable alternative options

No 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. 7 ?

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

C: Preferred Option - amend policy: 7 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?

The amended policy is preferred because it provides clarification and addresses maters that have arisen over the last few years when dealing with such applications.

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Policy POSP11: Waterside sites

  1. A network of waterside sites in employment and commercial use will be maintained throughout the Broads, providing:
    1. Boating support services;
    2. Provision of visitor facilities;
    3. Access to the water;
    4. High quality environment and provision of high quality green infrastructure;
    5. Wider infrastructure to support tourism;
    6. Recreational facilities (such as moorings and access for anglers); and
    7. Community facilities.
  2. Limited redevelopment of boatyards and other waterside employment or commercial sites for alternative employment or commercial uses will be permitted, subject to retention of a viable level of boatyard facilities on the site and subject to other policies in this local plan, there being no adverse impacts on the special qualities of the Broads, and there being sufficient infrastructure to accommodate proposals. Uses other than employment or commercial will only be considered once it has been satisfactorily demonstrated that an employment or commercial use is not viable.

Reasoned Justification

The boating industry has a very prominent role in the Broads, providing for a wide range of recreational and tourist use of the water, and is a key part of Broads’ life.

Historically, the Broads Local Plan policies have sought to retain boatyards in boatyard use, and there has been a general presumption against redevelopment for alternative uses. The justification for this, which is still valid, has been to retain and maintain the special character of the area and the balance between water and land-based opportunities for recreation. However, there have been significant changes in the holiday industry, including patterns of leisure, customer expectations and an increase in short breaks, and this has coincided with a period of decline in the traditional Broads holiday.

Most waterside sites are within areas identified as at risk of flooding, and this will be a constraint to alternative uses in many locations. The Authority is also mindful that the marine industry draws services from across Norfolk and Suffolk, supporting its concern that the economic and social impact of diversification within the boatyards or their closure would be felt in the wider Broads area and across a range of businesses. This will need to be considered in determining appropriate alternative uses.

Some smaller boatyards may not be financially viable, and operators may seek alternative uses for their site. The policy seeks retention of such sites in a use that benefits the local economy and provides job opportunities. Any other changes to the use of the site need to be fully justified, with viability evidence provided in support of applications for such changes. If waterside sites do move away from boatyard uses, it is expected that facilities will still be available for boat users. Boatyard facilities referred to in this policy and section include moorings, access into the water, waterside safety provisions and fresh water, pump-out and electricity provision.

There remain many months of low season availability for angling tourism, extending the visitor season for the benefits of the local community. Any further loss of waterfront access enabling angling would greatly impact the existing limited river bankside access.

Reasonable alternative options

No 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. 7 ?

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

C: Preferred Option - amend policy: 7 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?

It is preferred to have a policy given the abundance and importance of waterside sites to which the policy applies.

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Policy PODM33: Development on waterside sites in employment or commercial use, including boatyards.

  1. Within existing waterside sites, the development of new boatsheds and other buildings to meet the operational requirements of the business will be permitted subject to other policies of the development plan.  The Design Guide[110] (or successor document) will be of relevance.
  2. Proposals that improve resilience and adaptivity to climate change as well as provide enhanced environmental benefits would be welcomed, subject to other policies in the Local Plan.
  3. The development of new buildings for employment purposes within waterside sites, other than those directly associated with that business, will only be permitted provided that:
    1. The development would involve a subsidiary part of the site and is compatible with retention of existing uses on the remainder of the site;
    2. The site is large enough to accommodate the different uses in a manner that would not conflict with each other, and would not have a significant adverse effect on adjoining uses and occupiers;
    3. The design addresses the requirements of the Design Guide (or successor document);
    4. Given the waterside location, the requirements of the dark skies policy are followed; and
    5. There is no loss of local or visitor facilities, such as moorings, access for angling and access to the waterside.
  4. Proposals for the change of use of existing buildings in a waterside site to an employment use not directly associated with that business will only be permitted subject to a, b, c, d and e above and provided that:
    1. It is demonstrated that the use of the existing building(s) to be re-used is no longer required for its most recent or other former purpose;
    2. The proposed use is an employment or commercial use that is complementary in scale and kind with existing waterside uses on adjacent sites;
    3. The proposed use would not prejudice a return to boatyard use.
  5. Proposals for a redevelopment of a waterside site which will result in a comprehensive change to the use of the site will only be permitted subject to b, c, d, and e above and provided that:
    1. It is demonstrated that the existing use is not viable;
    2. The proposals form part of a comprehensive scheme for the site that retains the site as a unified management unit; and
    3. The proposed redevelopment does not have a significant adverse effect on adjoining uses and occupiers.
  6. Uses other than commercial or employment will only be permitted subject to policy PODM31.
  7. In all cases, development proposals should, as far as practicable, ensure that waterside commercial uses, including construction activity, avoid increased sedimentation and disturbance to the waterways[111] .
  8. Storage of potentially polluting material, for example oils, is proposed and implemented in such a way that pollution is avoided, including during flood events.

Reasoned Justification

For ease of reference, waterside sites in employment or commercial use, including boatyards, are referred to as ‘waterside sites’ in this policy. Waterside sites are sites which are adjacent to a river, broad, navigable cut, or basin and which are associated with the operation of commercial boat related activities. The range of boat related activities is varied, ranging from boat construction and maintenance to boat hire, but they are all characterised primarily by the functional relationship between the use and the water, and the importance of the water to the use. This policy will cover marinas and other private moorings which are operated on a commercial basis where individual boat owners pay a mooring fee but will not cover private moorings which are associated with an individual dwelling or individual mooring plots.

Waterside sites are in practice a finite resource because whilst new mooring basins or cuts can be dug, there are often strong landscape and natural environment reasons why this is not acceptable. A key example is if the area that is proposed to be dug out is on peat; with its special properties, the peat policy (PODM11) will apply, and this is likely to limit the development potential. It is therefore important to conserve the existing waterside sites for the boatyards and commercial uses which are characteristic of the Broads, and which contribute so significantly to its economy and attraction to the visitor. Waterside sites provide a range of vital services used by boat hirers and private owners, including boat maintenance, fuel, pump out facilities and short stay moorings.

For the purposes of this policy, the definition of waterside sites is not limited only to the waterside buildings within which these activities take place but will include surrounding land and ancillary buildings which are currently used (or were last used) in connection with the enterprise. The reason for this is that a boatyard or other waterside site in a commercial use will need land for associated uses such as storage, hard standing and parking to support the commercial use. This land does not need to be immediately adjacent to the water, however it does need to be close and convenient to the main business and usually forms part of the main site. The change of use of this land to other non-related purposes or development will reduce the capacity and resilience of the boatyard site and cumulative incremental change can reduce viability as the site becomes too small and/or constrained to function effectively. To protect boatyard and other waterside sites in commercial use, therefore, any proposal for change of use will need to demonstrate robustly that the land which is being proposed for the new use is no longer required for boatyard, employment, or commercial use.

Many boatyard uses are classed as ‘general industrial’ uses and fall within a Class B use and class E(g) of the Town and Country Planning (Use Classes) (Amendment) (England) Order 2010 where some permitted development rights apply which permit change to other uses within Class B and E. This policy does not alter this, and any such changes are outside its remit. The land use changes covered by this policy are those for which planning permission is required. Due to the importance of these waterside sites to the local economy and character of the Broads, the Authority will seek to make sure these sites are retained in commercial use wherever possible.

Nevertheless, the special qualities of the Broads dictate that away from these sites there are a limited number of suitable sites that could accommodate the changing circumstances of businesses and their needs to diversify. It is important to strike a balance between protecting waterside sites in commercial use and allowing businesses to diversify or relocate. Accordingly, proposals that seek to establish other employment uses within a boatyard will be permitted provided that the proposed development would not erode the character of the site, compromise the viability of established uses, or restrict or reduce opportunities for use of the waterways.

Where a viability assessment is required, applications should be accompanied by a statement, completed by an independent chartered surveyor, which demonstrates that existing uses are not viable. The level of detail and type of evidence and analysis presented should be proportionate to the scale and nature of the site and/or property in question. The statement should provide an assessment of the current and likely future market demand for the site or property, and details of the attempts to market it at a reasonable price or rate for a sustained period of 12 months and its value. It should demonstrate that all available opportunities of grant funding and financial support to help retain the existing use(s) have been fully explored and none are viable, and that interventions to improve the attractiveness of the site for the existing uses are not feasible. It should also justify the need for the alternative proposed use in this locality and show how the proposed redevelopment would not compromise the primary function of the locality or the operations of neighbouring users. The statement will be independently reviewed, entirely at the applicant’s expense. Please see our marketing and viability guide for more details.

Waterside sites in commercial use may be affected by flooding. Policy PODM7 on flood risk will be of particular importance in determining applications to change the use.

Policy PODM45 on residential moorings states that boatyards and marinas (subject to the locational and other criteria within that policy) could be suitable areas for residential moorings.

The policy also includes cross reference to policy PODM27 on dark skies.

If a proposal is considered in the context of this policy to potentially have an effect on a habitat sites, then it will need to be considered against the Habitats Regulations and a project level Appropriate Assessment undertaken.

It is also important to note that works near a main river may require an environmental permit.

Reasonable alternative options

No 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. 6 ?

B: Keep original policy: 4 positives. 0 negatives. 0 ? Overall, positive.

C: Preferred Option - amend 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 been determined in accordance with the policy.

Why has the alternative option been discounted?

It is preferred to have a policy given the abundance and importance of waterside sites to which the policy applies. The amendments to the policy highlight the importance of design and light pollution given the prominent location on water.

  • [105] Note: In the event that the Use Classes Order changes during the life of this Plan, then the closest new Use Classes to those previously categorised as B2, B8, E(g) and E Use Classes as a whole will apply for the purpose of applying the above policy, provided such new Use Classes are reasonably similar to the ones being replaced. Should no similar replacement new Use Classes arise, then the description of B2, B8 and E Use Classes as at the date of the adoption of this plan will apply for the purpose of applying this policy, and appropriate conditions or similar mechanisms will be used to enforce such provisions. ↑

  • [106] Note: In the event that the Use Classes Order changes during the life of this Plan, then the closest new Use Classes to those previously categorised as B2, B8, E(g) and E Use Classes as a whole will apply for the purpose of applying the above policy, provided such new Use Classes are reasonably similar to the ones being replaced. Should no similar replacement new Use Classes arise, then the description of B2, B8 and E Use Classes as at the date of the adoption of this plan will apply for the purpose of applying this policy, and appropriate conditions or similar mechanisms will be used to enforce such provisions. ↑

  • [107] This is being finalised at the time of writing. ↑

  • [108] Found under evidence on this webpage: Local Plan for the Broads (broads-authority.gov.uk) ↑

  • [109] Note: In the event that the Use Classes Order changes during the life of this Plan, then the closest new Use Classes to those previously categorised as B2, B8, E(g) and E Use Classes as a whole will apply for the purpose of applying the above policy, provided such new Use Classes are reasonably similar to the ones being replaced. Should no similar replacement new Use Classes arise, then the description of B2, B8 and E Use Classes as at the date of the adoption of this plan will apply for the purpose of applying this policy, and appropriate conditions or similar mechanisms will be used to enforce such provisions. ↑

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

  • [111] Pollution prevention for businesses  www.gov.uk/guidance/pollution-prevention-for-businesses↑

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