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 for the residential part of the application and three years for the employment land 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:- Required to be imposed pursuant to Section 51 of the Planning and Compulsory Purchase Act 2004 .
2.No development whatsoever shall take place on each of the residential or employment land phases of development until full details of the layout, pedestrian links, scale, appearance, access to the employment land and landscaping of the development (herein after referred to as the reserved matters) for each phase have been submitted to and approved by the Local Planning Authority and the development of each phase 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 land shown in green, totalling 0.916ha, on the site plan received by the Local Planning Authority on the 11th February 2016 (reference site location plan @ A4 size)shall be used for B1 employment use only. The land shown in pink, totalling 3.064 ha on the site plan received by the Local Planning Authority on the 11th February 2016 (reference site location plan @ A4 size) shall be residential only limited to no more than 108 dwellings in total. The reason for the condition is:- For the avoidance of doubt and to ensure the retention of the employment land.
4.The residential development hereby approved shall be located wholly within and limited to the land shown in red, totalling 3.064ha, on the site plan received by the Local Authority on the 11th February 2016 (reference site location plan @ A4 size). The reason for the condition is:- For the avoidance of doubt and to ensure the retention of the employment land.
5.The trees located within the area shown as blue on the plan received by the Local Planning Authority on the 11th February 2016 (reference site location plan @ A4 size) shall not be thinned, removed or have works carried out to them without the permission of the Local Planning Authority. The reason for the condition is:- In the interest of the amenity and to ensure the retention of the copse woodland.
6.No development shall occur outside of the following hours: 07:30 - 18:00 Monday to Friday 08:30 - 13:30 Saturdays No work on Sundays or Bank Holidays The reason for the condition is:- To protect the amenities of nearby residential dwellings and businesses.
7.Prior to the commencement of the development boundary treatments between the B1 employment land and the residential land shall be submitted to and approved by the Local Planning Authority. The boundary treatment shall be carried out in its entirety in accordance with the approved details prior to the commencement of any development on the B1 land. The reason for the condition is:- To ensure adequate separation between the residential and employment uses.
8.Prior to the commencement of the development a surface water drainage scheme, in line within Flood Risk Assessment reference 1212/NMT/FRA/03-15 shall be submitted to and approved by the Local Planning Authority in consultation with the Environment Agency. The scheme shall include: 1. Dimensioned plans and drawings of all aspects of the surface water drainage system. 2. Further infiltration testing on the site in accordance with BRE 365, and the use of total/partial infiltration devices if the infiltration rates and groundwater levels show it to be possible. 3. Modelling shall be submitted to demonstrate that the surface water runoff into the Norfolk County Council Highways sewer will be restricted to below 5l/s in all events up to the 1 in 100 year rainfall event including climate change as specified in the FRA and agreed with Norfolk County Council. 4. Modelling of the surface water drainage scheme to show that the attenuation/infiltration features will contain the 1 in 100 year rainfall event including climate change for the entire development. 5. Modelling of the pipe network in the 1 in 30 year rainfall event to show no above ground flooding and modelling of the volumes of any above ground flooding from the pipe network in a 1 in 100 year climate change rainfall event, along with topographic plans showing where the water will flow and be stored to ensure no flooding of buildings or offsite flows. 6. Topographic plans depicting all greenfield or exceedance flow paths and demonstration that the flows would not flood buildings or flow offsite, and if they are to be directed to the surface water drainage system then the potential additional rates and volumes of surface water must be included within the modelling of the surface water system. 7. Details of who will maintain watch element of the surface water system for the lifetime of the development and submission is a maintenance schedule. The scheme shall be fully implemented and subsequently maintained, in accordance with the timing / phasing arrangements embodied within the scheme or within any other periods as may subsequently be agreed in writing with the Local Planning Authority. The reason for the condition is:- To prevent flooding by ensuring the satisfactory storage and disposal of surface water from the site for the lifetime of the development.
9.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.
10.No development within each phase of the commercial and residential areas shall take place other than in accordance with the written scheme of investigation approved under Condition 9 above. The reason for the condition is:- In accordance with paragraph 141 of the National Planning Policy Framework.
11.No part of the development within each phase of the employment and residential areas shall be occupied until the site investigation and post investigation assessment has been completed in relation to each phase in accordance with the programme set out in the archaeological written scheme of investigation approved under Condition 9 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 paragraph 141 of the National Planning Policy Framework.
12.The development hereby permitted shall not commence until: a) the contamination remediation scheme and strategy set out in the Desk Study, Quantitative Risk Assessment Including Site Investigation and Supplementary works - NOLA0001 September 2016 submitted with application and received by the Local Planning Authority on the December 16 2014 has been implemented and carried out in full, b) a validation report that demonstrates the effectiveness of the remediation carried out has been submitted to and approved in writing by the Local Planning Authority. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation. The reason for the condition:- 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.The development hereby permitted shall not commence until: 1) the approved contamination remediation scheme has been carried out in full, 2) a validation report that demonstrates the effectiveness of the remediation carried out has been submitted to and approved in writing by the Local Planning Authority. The reason for the condition:- 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 the installation of any fixed external plant a scheme shall be submitted to and agreed by the Local Planning Authority. The scheme shall demonstrate that the combined sound rating level from all fixed external plant associated with the B1 use will not exceed the pre-development background noise level at the boundary of the nearest residential premises by more than 3db (A). The background sound level shall be assessed during the time period the plant will be in operation and will need to be representative of that period. The reason for the condition is:- In the interest of residential amenities of nearby properties.
15.Prior to the erection of any units on the land designated as B1 on the approved plan received on the 11th February 2016 a scheme shall be submitted to and approved by the Local Planning Authority in consultation with the Group Manager of Environmental Health to protect the outdoor amenity areas of residential housing from noise from vehicles. The approved scheme shall be fully implemented prior to the occupation of any unit located on the land identified as B1 and retained in perpetuity. The reason for the condition is:- In the interests of the amenities of the nearby residential properties.
16.Deliveries and dispatches to and from the B1 uses shall not occur outside of the following times: Monday to Friday 07:30 - 18:00 Saturdays 08:00 - 13:00 No deliveries or distribution/dispatches Sundays and Bank holidays. Reason for the condition is:- In the interest of the amenities of the residential properties in the locality.
17.Prior to the commencement of the development of any of the B1 land a scheme of lighting shall be submitted to and approved by the Local Planning Authority in consultation with the Environmental Health Department. The scheme shall include details of the installation of lighting and the manner that the lighting will illuminate the intended surface. There is to be no light spillage or glare from lights to the residential properties or curtilage. The reason for the condition is:- In the interest of the amenities of the residential properties in the locality.
18.Prior to the commencement of the use of any part of the B1 employment land the approved lighting scheme shall be fully implemented and shall retained as approved in perpetuity. No additional external lighting shall be installed within the area designated as B1 employment land without the consent of the Local Authority. The reason for the condition is:- In the interest of the amenities of the residential properties in the locality.
19.Prior to the commencement of the development finished floor levels shall be submitted to and approved by the Local Planning Authority. The development shall be built in accordance with the approved levels. The reason for the condition is:- To ensure that the height of the proposed dwellings is in keeping with the character of the area.
20.Prior to the commencement of the development hereby permitted full details (in the form of scaled plans and / or written specifications) shall be submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority to illustrate the following: i. Roads and footways ii. Foul and surface water drainage iii. Visibility splays iv. Access arrangements in line with drawing 1212/HWY/005B v. Parking provision The reason for the condition is:- To provide highways details that were not included within the application and to ensure acceptable access is provided.
21.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.
22.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.
23.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.
24.a) 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. b) 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 part a) of this condition of this permission The reason for the condition is :- To prevent extraneous material being deposited on the highway.
25.No development shall commence until a foul water strategy has been submitted to and approved in writing by the Local Planning Authority. No dwellings shall be occupied until the works have been carried out in accordance with the foul water strategy 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.
26.Notwithstanding the details indicated on the submitted drawings no works shall commence on site until a detailed scheme for the off-site highway improvement works as shown on drawing number 1212/Sketch/00 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 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.
27.Prior to the first occupation of the development hereby permitted the off-site highway improvement works referred to in condition 26 of this permission 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 that the highway network is adequate to cater for the development proposed.
28.No works are to commence on site prior to the submission and approval by the Local Planning Authority of details of a construction compound. The compound shall be erected in accordance with the details provided prior to the commencement of the development and shall be retained for the duration of the development. The reason for the condition is:- In the interest of the amenities of nearby occupiers.
29.Prior to the commencement of the development of the B1 employment land full details of car parking, turning, loading, delivery bays and access shall be submitted to and approved by the Local Planning Authority in consultation with the Highways Authority. The reason for the condition is:- To ensure adequate provision for the employment land that does not have an adverse effect on the surrounding area.
30.Notwithstanding the provisions of the Town and Country Planning Use Classes Order 2015 (or any Order revoking or re-enacting that Order) no unit constructed on the B1 employment land shall undergo a change of use to any other use without the prior written approval of the Local Planning Authority. The reason for the condition is:- To ensure the retention of employment use on land designated for such purpose.
31.The details required by condition 2 of this outline planning permission shall provide for the provision of a minimum of 3 fire hydrants for the residential area ( on a minimum 90-mm main) and the number of fire hydrants for the employment area shall be agreed with the local planning authority in consultation with Norfolk Fire Service prior to the commencement of development of the employment area. The fire hydrants shall be provided through each respective phase of the residential and emplyment area 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:- To ensure the provision of adequate fire hydrants to serve a development of this scale.
32.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.
33.NOTES - Please read the following notes carefully:- The application is subject to a a legal agreement under Section 106 of the Town and Country Planning Act 1990. This development involves works within the public highway that can only be carried out by Norfolk County Council as Highway Authority unless otherwise agreed in writing. 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. Please note that it is the applicant's responsibility to ensure that, in addition to planning permission, any necessary consents or approvals under the Highways Act 1980 and the New Roads and Street Works Act 1991 are also obtained from the County Council. Advice on this matter can be obtained from the County Council's Highway Development Management Group. If required, street furniture will need to be repositioned at the applicant's expense. 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. 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 the street lighting needs to be provided on part or all of the new development. The applicant is advised that to discharge condition SHC00 that the Local Planning Authority requires a copy of a completed agreement between the applicant and the Local Planning Authority under Section 38 of the Highways Act 1980 or the constitution and details of a private management and maintenance company confirming funding, management and maintenance regimes. 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. If required, street furniture will need to be repositioned at the applicant's expense.