Great Yarmouth Borough Council Portal
No.Condition Text
1.The development must be begun not later than three years beginning with the date of this permission. The reason for the condition is :- Required to be imposed pursuant to Section 51 of the Planning and Compulsory Purchase Act 2004.
2.The development shall carried out in accordance with the applications forms, supporting documents and plans Drawing Nos DMWR/A1/2864/0001 Revision B,DMWR/A1/2864/PL-00102 Revision B,DMWR/A1/2864/PL-0002 Revision B, DMWR/A1/2864/PL-00020 Revision B, DMWR/A1/2864/PL-000111,DMWR/A1/2864/PL-00112 ,DMWR/A1/2864/PL-00120,DMWR/A1/PL-2864/00121 Revision B, DMWR/A1/2864/PL-00130,DMWR/A1/2864/PL-00131 received by the Local Planning Authority 31 January 2013. The reason for the condition is :- In accordance with the submitted documentaion and the avoidance of doubt.
3.The individual retail units shall be constructed in conjunction with the food store and available for use prior to the food store opening for business and shall be subject to the conditions within this planning permission unless other wise stated.. The reason for the condition is :- In accordance with the details of the application and to secure their provision.
4.Unless the planning authority gives its prior written approval to any variation, the net retail floorspace of the approved supermarket, including any mezzanine, shall not exceed 4620 square metres, of which 64% shall be used for convenience retailing and 36% for the sale of comparison goods. The Reason for the Condition. In order to regulate retail activity in accordance with the evidence on which the permission was justified.
5.No development shall commence until details of the proposed arrangements for future management and maintenance of the proposed streets within the development have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority. (The streets shall thereafter be maintained in accordance with the approved management and maintenance details until such time as an agreement has been entered into under Section 38 of the Highways Act 1980 or a Private Management and Maintenance Company has been established). Reason: To ensure satisfactory development of the site and to ensure estate roads are managed and maintained thereafter to a suitable and safe standard.
6.Not withstanding the Town and Country Planning Use Classes Order the individual retail units shall remain as separate retail units and shall not be incorporated either individually or collectively into the supermarket retail or storage area without the prior approval of the local planning authority . The reason for the condition is :- In accordance with the details of the application.
7.No works shall commence on the site until such time as detailed plans of the roads, footways, cycleways, foul and surface water drainage have been 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 and prior to the store opening. The reason for the condition is :- 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. Reason: 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 retail unit is first occupied the roads, footways and cycleways shall be constructed to binder course surfacing level from the retail unit to the adjoining County road in accordance with the details to be 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.All footway(s) and cycleway(s) shall be fully surfaced in accordance with a phasing plan to be approved in writing prior to the commencement of development by the Local Planning Authority in consultation with the Highway Authority. The reason for the condition is :-To ensure satisfactory development of the site.
11.Prior to the commencement of the use hereby permitted the proposed store access, on-site car and cycle parking / servicing / loading, unloading / turning /waiting area 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 area, in the interests of 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 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.
14.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.
15.No works shall commence on site until the details of wheel cleaning facilities for construction vehicles have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority. The reason for the condition is :-To prevent extraneous material being deposited on the highway.
16.For the duration of the construction period all traffic associated with the construction of the development permitted will use the approved wheel cleaning facilities provided referred to in condition 15. The reason for the condition is :-To prevent extraneous material being deposited on the highway.
17.The store shall not be opened for trading until the Traffic Regulation Order for the removal of vehicular highway rights of way at a point to be agreed on Wood Farm Lane north of the junction with the store access road or a suitable alternative highways scheme to be agreed and secured with the highway authority and all necessary works carried out Reason: In the interests of highway safety.
18.Part A - The development hereby permitted shall not be commenced until an Interim Travel Plan has been submitted, approved and signed off by the Local Planning Authority in consultation with the Highway Authority, such a Travel Plan shall accord with Norfolk County Council document `Guidance Notes for the Submission of Travel Plans` or be produced using the Workplace Travel Plan Generator Tool, www.worktravelplan.net. Part B -No part of the development hereby permitted shall be occupied prior to implementation of the Interim Travel Plan referred to in Part A above. 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 in consultation with the Highway 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 in consultation with the Highway 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 reducethe impact of travel and transport on the environment
19.Notwithstanding the provision of Class A of Schedule 2, Part 2 of the Town and Country Planning (General Permitted Development) Order 1995, (or any Order revoking, amending or re-enacting that Order) no gates, bollard, chain or other means of obstruction shall be erected across the approved access unless details have first been submitted to and approved in writing by the Local Planning Authority. Reason: In the interests of highway safety.
20.A) 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. B) No development shall take place other than in accordance with the written scheme of investigation approved under condition (A). and, C) 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 (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 :- In accordance with Para 135 of the National Planning Policy Framework.
21.a) The biomass boiler shall only be operated using wood pellets that comply with CENTS 14961- or an alternative standard that can be demonstrated to be equivalent. b) The biomass boiler shall be maintained in accordance with the manufacturer's instructions and recommendations. c) A biomass boiler with a thermal input of more than 520 KW shall not be installed at the site without prior approval from the local planning authority. d) The efflux velocity of fumes from the flue of the biomass plant shall not be less than 10 m/s-1 The reason for the condition is :-Because the exact specification of biopmass boiler has not been determined.
22.For the period 07:00 to 23:00 hours the Rating Level of combined plant noise from the permitted development shall not exceed the minimum background noise level of 34 dB(A) by more than 3 dB(A) at any time when assessed as a 60 minute LAeq¿ For the period 23:00 to 07:00 hours the Rating Level of combined plant noise from the permitted development shall not exceed the minimum background noise level of 28 dB(A) by more than 3dB(A) at any one time when assessed as a 5 minute LAeq The Rating shall be determined by measurement or calculation at the closest points of the boundaries of the nearest existing residential properties. The measurements and assessments shall be carried out in accordance with BS4142 ¿Method of rating industrial noise affecting mixed residential and industrial areas The reason for the condition is :- In order to protect the residential amenity of the area.
23.Deliveries to and from the store should not take place outside of the hours of 06:00 to 23:00 daily, apart from a maximum of two deliveries which may be made between 23:00 and 06:00 daily. The reason for the condition: In the interest of the residential amenity of the area.
24.The store and retail units shall not be open to the public outside of the following hours:- 07:00 to 22:00 Monday to Saturday 09:30 to 16:00 Sundays For the 7 days before Christmas Day and Easter Sunday the store is permitted to open for trading between 06:00 and 00.00 (Midnight) The petrol filling station and car wash facility shall not be open to the public outside of the following hours:- 06:30 to 22:30 Monday to Saturday 08:00 to 22:00 Sundays For the 7 days before Christmas Day and Easter Sunday the petrol filling station is permitted to open for trading between 06:00 and 00.00 (Midnight) The reason for the condition is: In the interest of the residential amenity of the nearby residential properties
25.Not withstanding the submitted details contained in the application and drawings the detailed specification of the precise details of the type of luminaires, positioning, aiming angles and lux levels with any changes to the level of the approved lighting shall be submitted to and agreed in writing by the local planning authority prior to be erected. The scheme shall be carried out and maintained thereafter in accordance with the agreed details. The reason for the condition is :- To provide for scheme of illumination that minimises any adverse external impact of the development to the deteriment of the nearby residential area and in accodance with the recommendations of the External Lighting Assessment submitted with the application.
26.No goods or materials shall be stored to outside to the rear of the building above 3 metres in height unless other- wise specified in writing by the Local Planning Authority. The reason for the condition is:- In the interests of the amenities of the occupiers of adjacent premises and the visual amenities of the locality.
27.Prior to commencent of the development details of the totem pole within the application site shall be submiited to and agreed in writing by the local planning authority. The reason for the condition is: Because the details have not been submitted.
28.Prior to commencent of the development details of the totem pole within the application site shall be submiited to and agreed in writing by the local planning authority. The reason for the condition is: Because the details have not been submitted.
29.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 National Planning Policy Framework and it is considered compliant with the National Planning Policy Framework and emerging and current local plan providing a sustainable form of development, economic benefits and employment to the Borough.
30.NOTES - Please read the following notes carefully:- Informative Notes When Off-Site Road Improvements are Required 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 DevelopmentManagement Group based at County Hall in Norwich. Please contact David Higgins on 01603 222789 or by e-mail david.higgins@norfolk.gov.uk. 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 Applicants own expense. When a Travel Plan is Provided or Required Inf. 6 This development involves a Travel Plan to be implemented within the scope of a Legal Agreement between the Applicant and the County Council. Please note that it is the Applicants¿ responsibility to ensure that, in addition to planning permission, any necessary Agreements under the Town and Country Planning Act 1990 or Highways Act 1980 are also obtained. Advice on this matter can be obtained from the County Councils Highways Development Management Group based at County Hall in Norwich. Please contact Ian Dinmore on 01603 224248 or by e-mail ian.dinmore@norfolk.gov.uk Commuted Sum for Travel Plans The Highways Authority levies a charge to cover the on-going costs of reviewing and monitoring a Travel Plan annually. The Highways Authority also requires a Bond to ensure that the Travel Plan targets are met. Both the Bond and the monitoring charge are secured by a Section 106 Legal Agreement. This is in addition to the sum payable for Planning Obligations covering infrastructure, services and amenities requirements. An online survey tool is available to assist with annual monitoring. For further information on the survey tool, please contact Ian Dinmore on 01603 224248 or by e-mail ian.dinmore@norfolk.gov.uk Developers are expected to enter into a Section 106 Agreement to secure the necessary funding before planning permission is granted. Street Lighting Inf. 7 Street lighting is a concurrent power of the County, District and Parish Councils. However, it is the County Council after consultation with the Local Lighting Authority (District or Parish Council) who decides whether street lighting is required on proposed public highways. Norfolk County Council will challenge any automatic assumption that street lighting needs to be provided on part or all of the new development.