Please find attached representations on behalf of Marston’s Estates Ltd.
INTRODUCTION
We act on behalf of Marston Estates Ltd, owners of land to the rear of the Thatcher's Needle public house, Park Road, Diss. Marsyons Estates welcomes the opportunity to comment on the draft strategy and site allocation plan.

BACKGROUND
The site comprises the residue of undeveloped land mainly to the rear of the Thatcher's Needle public house, which was built and is now operated by Marstons. The site is currently part of site allocation DIS 6 in the Site Specific Allocations and Policies DPD adopted in 2015. For convenience the policy is reproduced below
Land amounting to some 1.76 hectares is allocated for retail (non-food goods), leisure,
offices (class A2 only), and housing, with any housing only constituting a small (no more
than 25% by area) proportion of the site.

The developers of the site will be required to ensure:

1. Retail use is limited to non-food goods;
2. Residential use is an integral part of a commercial development (with offices
limited to Class A2);
3. Provision of landscaping to screen the adjacent electricity sub-station;
4. Impacts on TPO trees on Park Road are taken into account;
5. Scheme design takes into account adjacent Conservation Area;
6. Potential for contamination on the site is assessed (and managed appropriately if
any contamination found);
7. Contribution made towards green infrastructure provision at DIS 2 (including
habitat creation along the river)
8. Wastewater infrastructure capacity must be confirmed prior to development taking
place;
9. Norfolk Minerals and Waste Core Strategy Policy CS16 applies, as this site is
underlain by safeguarded mineral resources

PLANNING HISTORY

Outline permission was granted in 2011 for the erection of a 60 bed hotel, a restaurant/public house and associated parking on the site. Detailed consent was granted in 2012 for the restaurant/public house element and this has now been constructed and opened for use.

Permission was refused in 2016 for the erection of 4 No. non food retail units and the refusal supported on appeal on grounds relating to the impact on the conservation area, affect on trees and insufficient evidence being provided on retail policy issues.

A further application was made in 2017 (ref 2017/2053) proposing 3 retail units of 3164 sq m and a 27 bed hotel/lodge of some 745 sq m. The application was subject to long negotiation over the form and appearance of the proposal and its retail impact. Officers recommended refusal and it was refused on grounds of impact on the conservation area and retail impact.

The refusals of these schemes, which are acceptable in principle under the site allocation policy, have led to the owners considering that the adopted policy is moribund and accordingly welcome the opportunity to re-examine future uses for this site. A number of potential uses are being examined from both a planning and commercial perspective.

CONSULTATION PROPOSALS

We support the overall growth strategy of the Plan and consider that Diss is appropriately identified as a main town to which significant additional development can be directed.

The site allocations plan does not include any allocation for the subject site and the writer therefore infers that the DIS 6 allocation is effectively removed, leaving the site as unallocated land albeit within a defined settlement boundary; moreover as noted above Diss is considered a suitable location for significant development. If the site were to come forward subsequent to the plan it would be considered a windfall; under Policy 1 this would be acceptable in principle at appropriate scales and locations where they would not have a negative impact on the character and scale of the settlement and subject to other local plan policies.

On this basis we support Policy 1 and do not oppose the removal of DIS 6.