Great Yarmouth Borough Council Portal
No.Condition Text
1.Approval of the details of the appearance of the buildings, and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority before any development is commenced. The reason for the condition is :- Such details have not been submitted as part of this application.
2.Application for approval of reserved matters shall be made not later than the expiration of one year begining with the date of this permission and the development hereby permitted shall be begun before the expiration of two years from the date of approval of the last of the reserved matters to be approved. The reason for the condition is :- The time limit condition is imposed in order to comply with Section 92 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.
3.The development insofar as it relates to the vehicular/pedestrian access and road layout on the site shall be carried out entirely in accordance with the details shown on drawing SK 13 rev J received by the Local Planning Authority 31st July 2012 andSL01 rev A received by the Local Planning Authority 4th February 2013. The development shall also be carried out in accordance with the details set out in the Design and Access Statement, Desk Top Study and Risk Assessment (Contamination), Noise Assessment, Transport Statement, Interim Travel Plan and Walking to School Assessment. The reason for the condition is :- To ensure the development is carried out in conjunction with the correct documents and to ensure adequate measures are incorporated in the residential development to deal with noise generation from the nearby 24 hour port operation.
4.The finished floor level of the first floor habitable rooms on the residential development shall be set to accord with and not exceed the details in the Outline Flood Mitigation Strategy drawing 1140/FRA/001 Rev.B within the Flood Risk Assessment for the site and as detailed on the proposed site sections, shown on drawing SK 18 received by the Local Planning Authority on 7th February 2012. The reason for the condition is:- In the interests of the safety of the occupants of the residential accommodation in the event of flooding occuring at the site.
5.The scale of the proposed housing development shall not exceed the indicative details shown on drawing 6437 SK11 rev C, 6437 SK12 revB & 6437 SK18 and shall provide for ground floor parking, garaging and ancillary utility acoommodation surmounted by up to two floors of habitable accommodation with no accommodation in the roof space. The adjoining commercial development fronting Riverside Road shall be be of three storey construction as indicated on drawing 6437 SK 16 received by the Local Planning Authority on 7th February 2012. The reason for the condition is:- To ensure the details submitted as a part of any subsequent submission adopts the form indicated in this submission.
6.The ground level on the site shall only be raised to the levels indicated for the areas shown on drawing 1140/LEV/001 received by the Local Planning Authority on 9th November 2012 and no other land raising shall take place without the prior consent of the Local Planning Authority. Any material imported into the site for the purpose of ground raising shall be clean uncontaminated material certified as suitable for use in conjunction with residential development. The reason for the condition is:- To ensure the development is carried out in compliance with the details shown in the Flood Risk Assessment and to ensure that contaminated soil/material is not brought onto the site.
7.No development shall take place until a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, has been submitted to and approved in writing by the Local Planning Authority. The drainage strategy should demonstrate the surface water run-off generated up to and including the 100 year critical storm will not exceed the run-off from the undeveloped site following the corresponding rainfall event. The scheme shall include full detail plans of the roads, footways, cycleways, foul and surface water drainage which shall be submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority. All construction works shall be carried out in accordance with the approved plans. The reason for the condition is:- The scheme to prevent the increased risk of flooding, both on and off the site,shall subsequently be implemented in accordance with the approved details before the development is commenced.To ensure satisfactory development of the site and a satisfactory standard of highway design and construction.
8.No works shall be carried out on roads, footways, cycleways, foul and surface water sewers otherwise than in accordance with the specifications of 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.
9.Before any dwelling is first occupied the road(s), footway(s) and cycleway(s) shall be constructed to binder course surfacing level from the dwelling to the adjoining County road in accordance with the details approved in writing by the Local Planning Authority in consultation with the Highway Authority. The reason for the condition is:- To ensure satisfactory development of the site.
10.There shall be no direct vehicular or pedestrian access from or onto Blackwall Reach (U61205) without the consent of the Local Planning Authority. The reason for the condition is:- In the interests of highway safety and traffic movement.
11.No works shall commence on site until a scheme for the parking of cycles has been 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 the 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.
12.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 shall be submitted to and approved in writing with the Local Planning Authority in consultation with Norfolk County Council Highway 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.
13.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 in consultation with the Highway Authority The reason for the condition is:- In the interests of maintaining highway efficiency and safety.
14.No works shall commence on the site until a Traffic Regulation Order has been formally sealed for the prohibition of through traffic on Horselys Lane. This shall include any appropriate highway works, which has been promoted by the Highway Authority. Prior to the first occupation of any part of the development hereby permitted all necessary highway works shall be completed to the written satisfaction of the Local Planning Authority in consultation with the Highway Authority. The reason for the condition is:- To ensure traffic generation associated with the development does not adversely impact on the existing highway network.
15.Prior to the occupation of the dwellings on plots 78 to 91 the area of public open space shown on the approved layout plan shall be laid out in accordance with a detailed scheme of play equipment, planting and fencing to be submitted to and agreed in writing with the Local Planning Authority and the area of land shall thereafter be used for any purpose other than as a play and amenity area. The reason for the condition is :- To ensure the provision of an element of the play and amenity area to serve the development as proposed.
16.Prior to the commencement of the development approved by this planning permission (or such other date or stage in the development as may be agreed in writing with the Local Planning Authority), the following components of a scheme to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the local planning authority: 1. A preliminary risk assessment which has identified; all previous uses; potential contaminants associated with those uses; a conceptual model of the site indicating sources, pathways and receptors; potentially unacceptable risks arising from contamination at the site. 2. A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site. 3. The results of the site investigation and detailed risk assessment referred to in (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken. 4. A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. Any changes to these components require the express consent of the local planning authority. The scheme shall be implemented as approved. The Reason for the condition is:- To ensure that the proposed development does not cause pollution of Controlled Waters and that development complies with approved details in the interests of protection of Controlled Waters.
17.Prior to occupation of any part of the permitted development, a verification report demonstrating completion of the works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the local planning authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a 'long-term monitoring and maintenance plan') for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan, and for the reporting of this to the local planning authority. The long-term monitoring and maintenance plan shall be implemented as approved. The reason for the condition is:- To ensure that the proposed development does not cause pollution of Controlled Waters and that development complies with approved details in the interests of protection of Controlled Waters.
18.Reports on monitoring, maintenance and any contingency action carried out in accordance with a long-term monitoring and maintenance plan shall be submitted to the local planning authority as set out in that plan. On completion of the monitoring programme a final report demonstrating that all long- term site remediation criteria have been met and documenting the decision to cease monitoring shall be submitted to and approved in writing by the local planning authority. The reason for the condition is:- To ensure that the proposed development does not cause pollution of Controlled Waters and that development complies with approved details in the interests of protection of Controlled Waters.
19.If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted, and obtained written approval from the local planning authority for, a remediation strategy detailing how this unsuspected contamination shall be dealt with. The remediation strategy shall be implemented as approved. The reason for the condition is:- To ensure that the proposed development does not cause pollution of Controlled Waters and that development complies with approved details in the interests of protection of Controlled Waters
20.Notwithstanding the indications on the submitted elevational drawings of the dwellings on the site, the details required by condition 1 of this permission shall not provide for any vehicular or pedestrian access provision onto Blackwall Reach. The reason for the condition is:- Blackwall Reach with no pavement provision on the eastern side in its current configuration is not suitable to serve as an access to proposed development.
21.The details to be submitted pursuant to condition one above shall include two fire hydrants served by the mains supply (min 150mm main) these shall be provided in accordance with a timetable agree with the Local Planning Authority and works in accordance with the details as agreed shall be carried out prior to any of the dwellings being occupied and to the satisfaction of the Local Planning Authority in consultation with Norfolk Fire Service. The developer will incur the full cost of the hydrants and its installation by the Water company. The reason for the condition is:- In the interest of public safety.
22.Before the development is commenced a scheme of planting and landscaping shall be submitted for the approval of the Local Planning Authority and the planting of trees and shrubs shall be carried out in accordance with the scheme as approved within 9 months of the occupation of the dwelling on any plot to which the trees and shrubs relate. Any of these trees or shrubs which die, are removed, become seriously damaged or diseased within 5 years shall be replaced within one year by the applicants or their successors in title, unless the Local Planning Authority gives written consent to any variation. The reason for the condition is:- To enhance the visual amenities of the locality.
23.No work shall commence until the exact type and colour of the materials to be used in the construction of the dwellings and business units have been submitted to and approved by the Local Planning Authority. The reason for the condition is :- In the interests of the visual amenities of the area as precise details of the materials have not been submitted.
24.Details of the surfacing of parking courts and driveways, together with associated surface water drainage provision shall be agreed by the Local Planning Authority before any work commences on the site and all works carried out in accordance with such details as approved. Reason for the Condition is:- To ensure that the development is satisfactorily completed.
25.No development shall take place within the site until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the Local Planning Authority. The reason for the condition is :- To enable investigation and recording of this site of archaeological interest to take place during the period of building or engineering works.
26.Any demolition or construction works on the site shall only be carried out between the following hours:- Monday to Friday 07.30 to 18.00 hrs and Saturdays 07.30 to 13.00 hrs and no works shall take place on Sundays or Bank Holidays. In the event that piling being required in the costruction, details of the method to be employed shall be submitted to and agreed in writing with the Local Planning Authority and works in accordance with the agreed details shall only be carried out between the following hours:- Monday to Friday 09.00 - 17.00hrs and Saturdays 09.00 - 13.00hrs and no piling shall take place on a Sunday or Bank Holiday The reason for the condition is:- In the interests of the residential amenities of the occupiers nearby property.
27.The development hereby permitted shall incorporate the requirements of the revised Flood Risk Assessment 1140/NH/FRA12-11Rev A and the revised Flood Response Plan received by the Local Planning Authority on 18th December 2012 and any future occupier of the development shall be appraised of the contents of the latter document and the measures to deal with issues associated with potential flood events. The reason for the condition is :- In order to minimise the risks of flood and to ensure future occupiers are aware of the provisions of the Flood Response Plan.
28.The use of the commercial units adjacent to the eastern boundary of the site shall be resticted to a use falling within Class B1 of the Town and Country Planning (Use Classes) 1987 and amendment Order 2010 or any order re-voking or re-enacting that order and shall not be used for any other purpose without the express consent of the Local Planning Authority. The reason for the condition is:- In the interests of the amenities of the occupiers of the proposed residential development.
29.Prior to the occupation of any unit of residential accommodation on the respective phases of the development the acoustic fencing indicated on the approved layout plan shall be installed in accordance with details to be submitted to and approved in writing by the Local Planning Authority in consultation with the Environmental Health Department and thereafter maintained in accordance with the details as approved. The reason for the condition is:- In the interests of the amenities of the occupiers of the proposed residential development.
30.Details to be submitted in relation to condition 1 above shall include full details of all boundary treatments to be used on the site. The reason for the condition is:- In the interest of the visual amenities of the area.
31.Notwithstanding the provisions of the Town and Country Planning (General Permitted Development)(Amendment)(No.2) (England) Order 2008 (or any order revoking and re-enacting that Order) the dwellings shall not be extended in any way without the prior consent of the Local Planning Authority. The reason for the condition is:- To enable the Local Planning Authority to retain control over any extensions to the dwellings in the interests of residential amenity and potential effects from flood risk associated with the site.
32.No dwelling shall be occupied until the garage and associated parking space relating to that dwelling has been completed and thereafter the garages shall retained for garaging purposes only for the dwelling to which it relates and not be used for any form of habitable residential accommodation. The reason for the condition is :- To ensure on site parking and and to comply with the requiements of the Environment Agency and Flood Risk Assessment for the development.
33.Prior to the use of the commercial units hereby permitted commencing, details of any external lighting to be installed on the eastern elevation shall be submitted for the approval of the Local Planning Authority and all works shall be completed in accordance with such detail as pemitted and shall thereafter be maintained in accordance with such details as may be approved. The reason for the condition is:- In order to ensure that any lighting installed does not cause a hazard to navigation on the adjoining river.
34.The details of the dwellings submitted as required by condition number one shall not exceed 104 units of residential accommodation and 2577 square metres of (B1) commercial/office buildings on the overall site. The reason for the condition is:- To ensure the scale of the development as promoted by the supporting statements accompanying the application and for the avoidance of doubt.
35.The details of the dwellings to be submitted in accordance with the requirements of condition 1 shall incorporate the Sound Insulation measures contained in paragraph 4.2 of the Noise Assessment, prepared by Adrian James Acoustics Limited and received by the Local Planning Authority on 7th February 2012 and precise details, in relation to glazing, ventilation and orientation of bedrooms in relation to potential nearby noise sources, which shall be submitted for the approval of the Local Planning Authority and all works completed in accordance with such details as may be agreed. The reason for the condition is:- In the interests of the residential amenities of the occupiers of the accommodation hereby permitted in relation to noise generation from the operation of the port and deliveries to the adjoining supermarket development.
36.REASON FOR APPROVAL OF THE APPLICATION :- The proposals as a departure from the Great Yarmouth Borough-Wide Local Plan is considered to meet the criteria for new housing development set out in Policies HOU4, HOU15, HOU17, BNV10, BNV15 and EMP14 of the adopted Great Yarmouth Borough-wide Local Plan. THIS PERMISSION IS ALSO SUBJECT TO A SECTION 106 AGREEMENT RELATING TO THE PAYMENT OF A COMMUTED SUM IN IN RESPECT OF THE PART PROVISION OF PLAYSPACE AND EQUIPMENT, INCLUDING A COMMUTED PAYMENT FOR MAINTENANCE AND A CONTRIBUTION FOR THE BALANCE OF THE NON PROVISION AND A CONTRIBUTION TO THE COUNTY COUNCIL FOR A TRAVEL PLAN, LIBRARY BOOKS, FIRE HYDRANT PROVISION AND TRAFFIC REGULATION ORDER IN RELATION TO HORSELEYS LANE. ADDITIONALLY A REQUIREMENT RELATING TO AFFORDABLE HOUSING PROVISION WITHIN THE DEVELOPMENT.
37.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, in accordance with paragraphs 186 and 187 of the NPPF.
38.NOTES - Please read the following notes carefully:- The applicant and future occupiers of the development attention is drawn to the following comments from the Great Yarmouth Port Company, set out below:- The Port company advise that the adjoining port activity includes, but is not limited to, bulk cargo handling such as coal, drilling minerals, aggregates and timber. Large shipments include wind farm equipment, offshore containers and associated equipment and includes vessel maintenance, mobilisation and de-mobilisation. These industrial/ commercial operations can occur on a 24/7 basis and it is anticipated that such activities will increase in terms of intensity. Note from Angian Water with respect to the proposal:- Anglian Water has assets close to or crossing this site or there are assets subject to an adoption agreement. Therefor ethe site layout should take this into account and accommodate those assets within either prospectively adoptable highways or public open space. If this is not prcticable then the sewers will need to be diverted at the developers cost under Section 185 of the Water industry Act 1991. or, in the case of aparatus under an adoption agreement, liaise with the ownersof the apparatus. It should be noted that the diversion works should normally be completed before development can commence.