Great Yarmouth Borough Council Portal
No.Condition Text
1.Application for approval of reserved matters must be made not later than the expiration of three years beginning with the date of this permission and the development must be begun not later than whichever is the later of the following dates:- a) the expiration of five years from the date of this permission; or b) 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:- Required to be imposed pursuant to Section 92 of the Town and Country Planning Act 1990.
2.No development whatsoever shall take place until full details of the 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 hereby granted planning permission hereby approved is for a maximum of 79 dwellings and shall accord with the following drawings in as far as that relate to the details of the development approved and parameters of development:- TCGY_CF_ZZ_XX_DR_A_0100_Site Location Plan_P3 TCGY_CF_ZZ_XX_DR_A_0102_Proposed Masterplan_P6 TCGY_CF_ZZ_XX_DR_A_0103_Proposed Outline Plan_P6 TCGY_CF_ZZ_XX_DR_A_0104_Proposed Street Elevations_P4 TCGY_CF_ZZ_XX_DR_A_0107_Proposed Highways Layout_P5 TCGY_CF_ZZ_XX_DR_A_0108_Indicative Ground Floor Plan_P5 TCGY_CF_ZZ_XX_DR_A_0109_Vehicle Tracking Plan_P5 The reason for the condition is:- For the avoidance of doubt.
4.No development shall take place in any phase of the development 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, 6) Nomination of a competent person or persons/organization to undertake the works set out within the written scheme of investigation and 7) any further project designs as addenda to the approved WSI covering subsequent phases of mitigation as required. and B) No development shall take place other than in accordance with the written scheme of investigation approved under condition (A) and any addenda to that WSI covering subsequent phases of mitigation. and C) The development shall not be occupied until the site investigation and post investigation assessment for that phase of development has has been completed in accordance with the programme set out in the archaeological written scheme of investigation approved under condition (A) and the provision to be made for analysis, publication and dissemination of results and archive deposition has been secured. 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 Paragraph 199.
5.Prior to the commencement of the development a Phase 2 contamination site investigation shall be carried out to the satisfaction of the local planning authority . 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 local planning authorty in conjunction with the Council's 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.
6.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.
7.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. Notwithstanding the submitted Flood Risk Assessment & Surface Water Drainage Strategy Revision A Proposed Residential Redevelopment The Conge Great Yarmouth submitted with the application additional information shall include ^ Based on in addition the applicant needs to supply evidence that approprate urban creep percentage has been applied to the drainage strategy has been applied ^ submission of a drainage strategy to demonstare where the discharge location is ^ evidence to demonstrate dtrate that the Environment Agency has been consulted and grant consent for discharge of the surface water of the development to the River Yare where flood defences in the vicinty administered by the Environment Agency ^The applicant needs to provide evidence with due regard to the water quality for the site - whilst some elements of treatment are proposed, these do not treat all the necessary areas of run off.All 4- areas of SuDs, namely Quanity,,Quality, Biodiversity and amenity needs for the strategy to be considered a Suds scheme, The reason for the condition is :- To prevent flooding in accordance with National Planning Policy Framework paragraph 163,165 and 170 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
8.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.
9.Prior to the commencement of the development hereby permitted, the full details of the Bin Storage area (including the location and physical appearance) shall be submitted to and approved in writing by the Local Planning Authority. The bin storage area shall be constructed in accordance with the approved plans prior to the occupation of any of the dwellings hereby permitted and shall remain therefore for the approved use in perpetuity. The reason for the condition is:- To ensure adequate bin storage is provided and in such in such a way that it will not have a detrimental impact upon the appearance of the development and ios provcided in an accesable location fgor occupiers and those servicing the development.
10.Prior to the first occupation of the development hereby permitted visibility splays onto George Street (from Brewery Street and the 4 site accesses shall be provided in full accordance with the details indicated on the approved plan, drawing TCGY-CF-ZZ-XX-DR-A-0107-6040-RevP5. The splays shall thereafter be maintained at all times free from any obstruction exceeding 0.225metres above the level of the adjacent highway carriageway. The reason for the condition: In the interests of highway safety in accordance with the principles of the National Planning Policy Framework
11.Prior to the first occupation of the development hereby permitted the proposed on-site car and cycle parking / turning area shall be laid out and demarcated in accordance with the approved plan and retained thereafter available for that specific use. Arrangement shall be made within the shared private drives serving the development for surface water drainage to be intercepted and disposal of separately so that it does not discharge from or onto the highway. The reason for the condition: To ensure the permanent availability of the parking/manoeuvring areas, in the interests of satisfactory development and highway safety
12.Development shall not commence until a scheme detailing provision for on-site parking for construction workers for the duration of the construction period has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented throughout the construction period. The reason for the condition is :-To ensure adequate off-street parking during construction in the interests of highway safety.
13.Prior to the commencement of any works a Construction Traffic Management Plan and Access Route which shall incorporate adequate provision for addressing any abnormal wear and tear to the highway together with wheel cleaning facilities shall be submitted to and approved in writing by the Local Planning Authority together with proposals to control and manage construction traffic using the 'Construction Traffic Access Route' and to ensure no other local roads are used by construction traffic. The reason for the condition is: In the interests of maintaining highway efficiency and safety. This needs to be a pre-commencement condition as it deals with safeguards associated with the construction period of the development.
14.No development shall take place until full details of the finished levels, above ordnance datum, of the ground floor(s) of the proposed building(s), in relation to existing ground levels have been submitted to and approved by the Local Planning Authority. The development shall be carried out in strict accordance with the levels approved. (see Condition 18) The reason for the condtions is:- To ensure that the development takes place in the manner contemplated by the Local Planning Authority and to retain control over any significant changes in levels within the site.
15.No works shall commence on site until such time as a Stopping Up Order to remove all highway rights subsisting in the highway land coloured pink on drawing TCGY-CF-ZZ-XX-DR-A-0107-6040-RevP5 has been granted and all highway rights over the land have been successfully removed. The reason for the condition is :-To remove the highway rights of way over the land. In order to comply with statutory provisions this must take place prior to commencement.
16.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 as indicated on Drawing ? TCGY-CF-ZZ-XX-DR-A-0107-6040-RevP5 have been submitted to and approved in writing by the Local Planning Authority. The highway works will include: a) The widening & reconstruction of Brewery Street, as well as closings its western junction with North Quay to vehicular traffic. b) Amendments to George Street north of The Conge including re-alignment of the carriageway and footway improvements c) Resurfacing and improvements to Row 21 d) Amendments to George Street south of The Conge to provide a layby and carriageway widening to provide access to block 8 e) Resurfacing and widening to Row 31 f) Kerbing / re-surfacing works to existing footways on The Conge The reason for the condition is:- To ensure that the highway improvement works are designed to an appropriate standard in the interest of highway safety and to protect the environment of the local highway corridor
17.No works shall commence on the site until the Traffic Regulation Orders have been promoted by the Local Highway Authority for : a) a prohibition of motor vehicles at the junction of Brewery Street with North Quay b) a prohibition of motor vehicles along Row 21 c) Waiting restrictions along Brewery Street and George Street The reason for the condition :In the interests of highway safety. This needs to be a pre-commencement condition as the impact applies to traffic associated with both the constriction phase and also daily running of the site.
18.a) Notwithstanding Condition 14 the finished ground floor level of the multi storey dwellings shall be set at a minimum of 3.38m AOD and the single houses at 3.50 AOD in accordance with the the recommendations of the submitted flood risk assessment and b) a Flood Managent Response and Evacuation Plan submitted with the Flood Risk Assessment shall be put in to place prior to the occupation of any dwelling or phase of development (as previously agreed with the local planning authority) hereby approved, and shall be retained in the agreed form thereafter. The reason for the condition is :- In order to ensure that adequate provision is made within the scheme for the safe evacuation of residents in the event of flooding. This condition needs to be pre-commencement as it may need measures incorporating in to the construction..
19.Construction work shall not take place outside the following hours:- 07:30 to 18:00hrs in any one day 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..
20.No demolition of buildings or structures that may be used by breeding birds shall take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation for active birds¿ nests immediately before (within 48 hrs) of clearance starts and provided written confirmation to the LPA that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Any such written confirmation should be submitted to the local planning authorityThe reason for the condition is :- Under the Wildlife and Countryside Act 1981, as amended (section 1), it is an offence to remove, damage or destroy the nest of any wild bird while the nest is in use or being built. Planning consent for a development does not provide a defence against prosecution under this act.
21.An ecological management plan (EMP) shall be submitted to, and approved in writing by, the local planning authority at the reserved matters stage] of the development. The content of the LEMP shall include the following. a. Description and evaluation of features to be managed. b. Ecological trends and constraints on site that might influence management. c. Aims and objectives of management. d. Appropriate management options for achieving aims and objectives. e. Prescriptions for management actions. f. Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period). g. Details of the body or organization responsible for implementation of the plan. h. Ongoing monitoring and remedial measures. The EMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The plan shall also set out (where the results from monitoring show that conservation aims and objectives of the EMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme. The approved plan will be implemented in accordance with the approved details.¿ The reason for the condition is :- To secure on-going general management of green walls/landscaping for the benefit of black redstart and pollinators
22.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, discussing amendments with the applicant/agent and securing revised plans to make the scheme acceptable. 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.
23.NOTES - Please read the following notes carefully:- Great Yarmouth Borough Council has a duty to ensure that roads and streets within the Borough are properly named and that the properties fronting onto them are appropriately numbered. Therefore it is essential that once planning permission has been granted, and prior to the completion of development, the developer/owner applies for an official address. This Authority has adopted the legislation set out in sections 17, 18 and 19 of The Public Health Act 1925. In common with most neighbouring local authorities, Great Yarmouth Borough Council is introducing charging for the street naming and numbering of new developments from the 1st January 2020. Charges and more information can be seen on the Council's website here: https://www.great-yarmouth.gov.uk/street-naming-numbering
24.Inf.1 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. 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.