Great Yarmouth Borough Council Portal
No.Condition Text
1.Application for approval of reserved matters must be made not later than the expiration of two years beginning with the date of this permission and the development must be begun not later than the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved. The reason for this condition:- The time limit condition is imposed in order to comply with the requirements of Section 92 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.
2.No development (other than demolition) whatsoever shall take place until full details of the layout, scale, appearance and landscaping of the development (herein after referred to as the reserved matters) have been submitted to and approved by the Local Planning Authority and the development shall be carried out strictly in accordance with such approved details. The reason for the condition is:- Such details have not been submitted as part of this application.
3.The development is to be carried out in accordance with the application form , site /location plan submitted with the application(red line) and the masterplan plan No. 7873 dwg N0.12 as amended incorprating revisions H and I received on the date 10-12-18 and the supporting reports and information submitted with the application and those referred to in the conditions in this planning permission: the development shall comprise a maximum of 190 dwellings (C3 dwellings), the commercial floor space shall be comprise a maximum 595 sqm of retail floor space and shall be single storey only: notwithstanding the Town and Country Planning Use Classess Order the commercial floor space shall be used for Class A1, Class A2 and Class A3 only: the area shown on the masterplan as Static Caravan Phase shall be used for the stationing of caravans only for holiday use and occupation only and shall comprise an area of a minimum of two hectares. The reason for the condition is:- In accordance with the terms of the application and for the avoidance of doubt.
4.The caravan/holiday units shall be used to provide holiday accommodation only and they shall not be used as permanent unrestricted accommodation or as a primary place of residence. The reason for the condition is:- To enable the Local Planning Authority to retain control over the use of the caravans for holiday accommodation.
5.The caravan shall be not be occupied from 14th Janauary to the 1 February in each calender year. The reason for the condition is:- To enable the Local Planning Authority to retain control over the use of the caravans for holiday accommodation.
6.The owners/operators of the holiday park shall maintain an up-to-date register of the names of all owners/occupiers of individual caravans and of their main home addresses, and shall make this information available at all reasonable times to the Local Planning Authority. The reason for the condition is:- To enable the Local Planning Authority to retain control over the use of the caravans for holiday accommodation in an area where permanent residential accommodation would not normally be permitted.
7.Prior to the commencement of the development details of protection barriers to be erected in locations shown on drawing reference LAN/MART/AIA/01 No.190218/02 'root protection area' shall be submitted to and approved by the Local Planning Authority. These barriers shall be erected prior to the commencement of the development hereby approved and shall remain until occupation of the dwelling, to which they relate or, if they do not relate to a dwelling, until the final occupation of the site. The reason for the condition is :- To ensure that the existing trees are adequately protected.
8.The trees as identified to remain as per drawing reference LAN/MART/AIA/01 No.190218/02 shall not be damaged or removed unless agreed in writing with the Local Planning Authority before the expiration of 5 years from the final occupation of the site. The reason for the condition is To ensure that the trees marked to retain are retained. Should the trees be worthy of retention after final occupation the LPA should protect them appropriately with a preservation order.
9.No development shall take place until an archaeological written scheme of investigation has been submitted to and approved by the local planning authority in writing. The scheme shall include an assessment of significance and research questions; and 1) The programme and methodology of site investigation and recording, 2) The programme for post investigation assessment, 3) Provision to be made for analysis of the site investigation and recording, 4) Provision to be made for publication and dissemination of the analysis and records of the site investigation, 5) Provision to be made for archive deposition of the analysis and records of the site investigation and 6) Nomination of a competent person or persons/organization to undertake the works set out within the written scheme of investigation. The reason for the condition is:- To ensure that the significance of any heritage assets of archaeological interest are discovered and recorded in accordance with the National Planning Policy Framework.
10.No development shall take place other than in accordance with the written scheme of investigation approved under condition 9 of this permission. The reason for this condition is :- To ensure that the significance of any heritage assets of archaeological interest are discovered and recorded in accordance with the National Planning Policy Framework.
11.The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the archaeological written scheme of investigation approved under condition 9 of this planning permission and the provision to be made for analysis, publication and dissemination of results and archive deposition has been secured. The reason for this condition is :- To ensure that the significance of any heritage assets of archaeological interest are available to be publicised and recorded in accordance with the National Planning Policy Framework.
12.Prior to the commencement of the development a Phase 2 site investigation is to be carried out to the satisfaction of the Environmental Services Manager. If the Phase 2 site investigation determines that the ground contains contaminants at unacceptable levels then the applicant is to submit a written strategy detailing how the site is to be remediated to a standard suitable for its proposed end-use to the Environmental Services Manager. No buildings hereby permitted shall be occupied until the remediation works agreed within the scheme have been carried out to the satisfaction of the Local Planning Authority. The reason for the condition is :- To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
13.In the event that contamination that was not previously identified is found at any time when carrying out the approved development, it must be reported in writing immediately to the Local Planning Authority. All development shall cease and shall not recommence until: 1) a report has been submitted and agreed in writing by the Local Planning Authority which includes results of an investigation and risk assessment together with proposed remediation scheme to deal with the risk identified and 2) the agreed remediation scheme has been carried out and a validation report demonstrating its effectiveness has been approved in writing by the Local Planning Authority. The reason for the condition is :- To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
14.Prior to commencement of development the applicant shall submit a drainage strategy with detailed designs of a surface water drainage scheme incorporating the following measures and shall be submitted to and agreed with the Local Planning Authority. The approved scheme will be implemented prior to the first occupation of the development. The scheme shall address the following matters: I. Detailed infiltration testing in accordance with BRE Digest 365 (or equivalent) at the location and depth of all the proposed attenuation features including private soakaways II. Provision of surface water attenuation storage, sized and designed to accommodate the volume of water generated in all rainfall events up to and including the critical storm duration for the 1% annual probability rainfall event including allowances for climate change. III. Detailed designs, modelling calculations and plans of the drainage conveyance network in the: 1) 3.33% annual probability critical rainfall event to show no above ground flooding on any part of the site. 2) 1% annual probability critical rainfall plus climate change event to show, if any, the depth, volume and storage location of any above ground flooding from the drainage network ensuring that flooding does not occur in any part of a building or any utility plant susceptible to water (e.g. pumping station or electricity substation) within the development. IV. The design of the infiltration basin will incorporate an emergency spillway and any drainage structures include appropriate freeboard allowances. Plans to be submitted showing the routes for the management of exceedance surface water flow routes that minimise the risk to people and property during rainfall events in excess of 1% annual probability rainfall event. V. Finished ground floor levels of properties are a minimum of 300mm above expected flood levels of all sources of flooding or 150mm above ground level, whichever is the more precautionary. VI. Details of how all surface water management features to be designed in accordance with The SuDS Manual (CIRIA C697, 2007), or the updated The SuDS Manual (CIRIA C753, 2015), including appropriate treatment stages for water quality prior to discharge. VII. A maintenance and management plan detailing the activities required and details of who will adopt and maintain the all the surface water drainage features for the lifetime of the development. The reason for the condition is :- To prevent flooding in accordance with National Planning Policy Framework paragraph 163 and 165 by ensuring the satisfactory management of local sources of flooding surface water flow paths, storage and disposal of surface water from the site in a range of rainfall events and ensuring the SuDS proposed operates as designed for the lifetime of the development.
15.No development shall commence until a foul water strategy has been submitted to and approved in writing by the Local Planning Authority in consultation with Anglian Water. No dwellings shall be occupied until the works have been carried out in accordance with the foul water strategy so approved unless otherwise approved in writing by the Local Planning Authority. The reason for the condition is:- To prevent environmental and amenity problems arising from flooding.
16.No drainage works shall commence until a surface water management strategy has been submitted to and approved in writing by the Local Planning Authority. No hard-standing areas are to be constructed until the works have been carried out in accordance with the surface water strategy so approved unless otherwise agreed in writing by the Local Planning Authority. The reason for the condition is:- To prevent environmental and amenity problems arising from flooding.
17.Prior to the commencement of the development details of the location of 1 no. fire hydrant shall be submitted to and approved by the Local Planning Authority in consultation with Norfolk Fire Service. The fire hydrant shall be installed in accordance with the approved details prior to the occupation of any of the dwellings. The reason for the condition is:- In the interest of safety in the event of a house fire.
18.No works shall commence on the site until such time as detailed plans of the roads, footways, cycleways, street lighting, foul and surface water drainage have been submitted to and approved in writing by the Local Planning Authority. All construction works shall be carried out in accordance with the approved plans. The reason for the condition is :- To ensure fundamental elements of the development that cannot be retrospectively designed and built are planned for at the earliest possible stage in the development and therefore will not lead to expensive remedial action and adversely impact on the viability of the development.
19.No works shall be carried out on roads, footways, cycleways, foul and surface water sewers otherwise than in accordance with the specification as approved by the Local Planning Authority in consultation with the Highway Authority. The reason for the condition is :- To ensure satisfactory development of the site and to ensure estate roads are constructed to a standard suitable for adoption as public highway.
20.Prior to the construction/ occupation of the final dwelling the roads/footways/cycleways/street lighting/foul and surface water sewers shall be completed in accordance with the approved specification to the satisfaction of the Local Planning Authority. The reason for the condition is :- To ensure satisfactory development of the site and to ensure estate roads are constructed to a standard suitable for adoption as public highway.
21.Before any dwelling is first occupied the road(s)/footway(s)/cycleway(s) shall be constructed to binder course surfacing level from the dwelling unit to the adjoining County Road in accordance with the details to be approved in writing by the Local Planning Authority. The reason for the condition is :- To ensure satisfactory development of the site.
22.Prior to the first occupation/use of each phase of the development hereby permitted the access serving that phase of development shall be provided; visibility splays measuring 2.4 metres x 43 metres shall be provided to each side of the access where it meets the highway at Beach Road and visibility splays measuring 4.5 metres x 120 metres shall be provided to each side of the accesses where they meet the highway at Kings Way. The splays shall thereafter be maintained at all times free from any obstruction exceeding 0.225 metres above the level of the adjacent highway carriageway. The reason for the condition is :- In the interests of highway safety in accordance with the principles of the National Planning Policy Framework.
23.Vehicular/pedestrian/cyclist access to and egress from the adjoining highway shall be limited to the access(s) shown on the Masterplan, Drawing No. 7873-12 Rev I only. Any other access or egress shall be permanently closed, and the footway/highway verge shall be reinstated in accordance with a detailed scheme to be agreed with the Local Planning Authority concurrently with the bringing into use of the new access. The reason for the condition is :- In the interest of highway safety.
24.Prior to the first occupation of each dwelling , holiday unit and retail development hereby permitted the proposed access/on-site car and cycle parking/servicing/loading/unloading/turning/waiting area serving that development unit shall be laid out, demarcated, levelled, surfaced and drained in accordance with the approved plan and retained thereafter available for that specific use. The reason for the condition is :- To ensure the permanent availability of the parking/manoeuvring areas, in the interests of satisfactory development and highway safety.
25.Prior to the commencement of any works on site a Construction Traffic Management Plan, to incorporate details of on-site parking for construction workers, access arrangements for delivery vehicles and temporary wheel washing facilities for the duration of the construction period shall be submitted to and approved in writing with the Local Planning Authority in consultation with Norfolk County Council Highway Authority. The reason for the condition is :- In the interests of maintaining highway efficiency and safety
26.a) For the duration of the construction period all traffic associated with the construction of the development will comply with the Construction Traffic Management Plan and unless otherwise approved in writing with the Local Planning Authority in consultation with the Highway Authority. b) For the duration of the construction period all traffic associated with (the construction of) the development will comply with the Construction Traffic Management Plan and use only the 'Construction Traffic Access Route' and no other local roads unless approved in writing with the Local Planning Authority. The reason for the condition is :-In the interests of maintaining highway efficiency and safety
27.Prior to first occupation/use of the development hereby permitted a scheme for the parking of cycles shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be fully implemented before the development is first occupied or brought into use and thereafter retained for this purpose. The reason for condition is:- To ensure the provision of adequate cycle parking that meets the needs of occupiers of the proposed development and in the interests of encouraging the use of sustainable modes of transport.
28.a) Notwithstanding the details indicated on the submitted drawings no works above slab level shall commence on site unless otherwise agreed in writing until detailed drawings for the off-site highway improvement works in the form of push button pedestrian crossing, bus stops with shelters and footway improvements, as indicated on Drawing No.(s) 680-03/101, 680-03/102 and 680-03/103A have been submitted to and approved in writing by the Local Planning Authority. b) Prior to the first occupation/use of the development hereby permitted the off-site highway improvement works (including Public Rights of Way works) referred to in Part A of this condition shall be completed to the written satisfaction of the Local Planning Authority. The reason for the condition is :- To ensure that the highway network is adequate to cater for the development proposed.
29.Prior to the commencement of the development hereby approved details of no less than 10 bird boxes, 5 no. swift boxes and 10 bat boxes shall be submitted to and approved by the Local Planning Authority. The boxes shall be erected in accordance with the details approved prior to occupation of the development and shall remain in perpetuity. All boundary fencing to be erected on site shall have 20cm x20cm gaps, unless otherwise agreed with the Local Planning Authority, at each boundary point to allow the free movement of hedgehogs through the site. The reason for the condition is :- To provide ecological enhancements on site in accordance with paragraph 170 of the NPPF and the documents submitted in support of the application.
30.a) Upon commencement of construction of the development hereby permitted an Interim Travel Plan shall be submitted to and approved by the Local Planning Authority. b) No part of the development hereby permitted shall be occupied prior to implementation of the Interim Travel Plan referred to in Part A of this condition. During the first year of occupation an approved Full Travel Plan based on the Interim Travel Plan referred to in Part A of this condition shall be submitted to and approved in writing by the Local Planning Authority. The approved Full Travel Plan shall be implemented in accordance with the timetable and targets contained therein and shall continue to be implemented as long as any part of the development is occupied subject to approved modifications agreed by the Local Planning Authority as part of the annual review. The reason for the condition is :- To ensure that the development offers a wide range of travel choices to reduce the impact of travel and transport on the environment.
31.Prior to the commencement of the development details of boundary treatments shall be submitted to and approved by the Local Planning Authority. The boundary treatments shall be erected in accordance with the details approved prior to the occupation of the dwelling to which they relate or prior to the occupation of the 25th dwelling if they do not relate to a dwelling. The reason for the condition is :- To ensure that adequate boundary treatments are provided.
32.Construction work shall not take place outside the following hours:- 07:30 to 18:00 Monday to Friday 08:30 to 13:30 Saturday and no work shall take place on Sundays or Bank Holidays. (These hours shall only apply to work generating noise that is audible at the boundary of the nearest noise sensitive property) The reason for the condition is :- In the interests of the residential amenities of the occupiers of nearby dwellings.
33.NOTES - Please read the following notes carefully:- The planning permission is subject to a s106 agreement dated the 25th February 2020 Local Air Quality: The site will potentially generate a significant amount of dust during the construction process; therefore, the following measures should be employed: · An adequate supply of water shall be available for suppressing dust; · Mechanical cutting equipment with integral dust suppression should be used; · There shall be no burning of any materials on site, or burial of asbestos, which should instead be removed by an EA licenced waste carrier (with an HSE Asbestos Licence if required), and the waste transfer notes retained as evidence.
34.It is an OFFENCE to carry out any works within the Public Highway, which includes a Public Right of Way, without the permission of the Highway Authority. This development involves work to the public highway that can only be undertaken within the scope of a Legal Agreement between the applicant and the County Council. Please note that it is the applicant's responsibility to ensure that, in addition to planning permission, any necessary Agreements under the Highways Act 1980 are also obtained. Advice on this matter can be obtained from the County Council's Highways Development Management Group based at County Hall in Norwich. Please contact (insert appropriate contact details). Public Utility apparatus may be affected by this proposal. Contact the appropriate utility service to reach agreement on any necessary alterations, which have to be carried out at the expense of the developer. If required, street furniture will need to be repositioned at the applicant's expense.
35.STATEMENT OF POSITIVE ENGAGEMENT: In dealing with this application Great Yarmouth Borough Council has actively sought to work with the applicant in a positive and proactive manner. It is confirmed that this shadow HRA submitted by the applicant has been assessed as being suitable for the Borough Council as competent authority to use as the HRA record for the determination of the planning application, in accordance with the Conservation of Habitats and Species Regulations 2017. In this instance the Borough Council has considered there is no likely significant effect on protected habitats arising solely from the development itself; and the development would contribute to the overall in-combination significant adverse effect identified by the Habitats Regulations Assessment Report for the Local Plan Core Strategy, but this effect can be adequately mitigated by the Habitats Monitoring and Mitigation Strategy; and that Strategy requires a payment of £110 per each additional dwelling towards the monitoring and mitigation provided through that Strategy.
36.REASON FOR APPROVAL OF THE APPLICATION :- The proposal is considered by the Local PLanning Authority to comply with the criteria set out in Policy CS2, CS7, CS8, CS14 of the Great Yarmouth Core Strategy 2015.