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 the expiration of one year 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 is:- 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 whatsoever shall take place until full details of the appearance and hard and soft 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.This permission grants outline planning permission for a maximum of 24 dwellings only and maximum of 3 storeys in height in accordance with the design and access submitted with the application received by the local planning authority on 11 June 2015. The layout and means of access, subject to the conditions in this permission, shall be carried out in accordance revised drawing No 02/2/4 B received by the local planning authority on 11 August 2015. The reason for this condition:- In the interests of the amenities of the neighbouring dwellings and to preserve the character of the area.
4.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). The reason for the condition is:- To ensure satisfactory development of the site and to ensure estate roads are managed and maintained thereafter to a suitable and safe standard.
5.No works shall commence on the site until such time as detailed plans of the roads, footways, 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. The reason for the condition is:- To ensure satisfactory development of the site and a satisfactory standard of highway design and construction.
6.No works shall be carried out on roads, footways, 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.
7.Before any dwelling is first occupied the road(s) and footway(s) shall be constructed to binder course surfacing level from the dwelling 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.
8.Prior to the first occupation of the development hereby permitted a comprehensive scheme to permanently close the existing vehicular access, construct the proposed vehicular accesses and re-surface the whole of the site frontage footway should be implemented in accordance with details to be submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority. The reason for the condition is:- In the interest of highway safety.
9.No hard standing areas are to be constructed until full details, in accordance with the surface water strategy hereby approved have been submitted to and approved by the Local Planning Authority. All works are to be carried out in accordance with these details prior to the occupation of any of the units of accommodation hereby approved. The reason for the condition is:- To prevent the environmental and amenity problems arising from flooding.
10.Prior to the commencement of the development hereby approved details of the implementation, adoption, maintenance and management of a sustainable drainage system shall be submitted to and approved by the Local Planning Authority. The details shall include a timetable for its implementation and a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the effective operation of the sustainable drainage system throughout its lifetime. If your development does not include SUDS you should demonstrate that such measures are not feasible and give details of how drainage will be dealt with. The implementation, adoption, maintenance and management of the sustainable drainage system shall be carried out in accordance with the approved details prior to the occupation of any of the dwellings hereby approved and retained as approved in perpetuity. The reason for the condition is:- To ensure that there is adequate management in place for the developments lifetime and in the interest of the amenities of the future occupiers of the development.
11.The emergency access gates at the western boundary as shown on the approved plans is to be constructed in the position shown on the approved plan prior to occupation of the first dwelling hereby approved and retained in perpetuity. The reason for the condition is:- To ensure an emergency exit and access is retained for use in the event of a flood.
12.No work is to commence on site until details of the flood damage mitigation measures are submitted to and approved by the Local Planning Authority. All measures are to be carried out in accordance with the approved details prior to the first occupation of each individual property. The reason for the condition is:- To ensure that adequate measures are in place in the event of a flood.
13.Copies of an up to date flood response plan shall be supplied to each new occupier upon occupation. The reason for the condition is:- To ensure that adequate flood response plans are available.
14.The development hereby approved shall be carried out in accordance with the submitted Flood Risk Assessment (FRA) prepared by ASD Engineering, referenced 1220/NMT/FRA/03-15. The habitable finished floor levels are to be set no lower than 4.1m above Ordnance Datum (AOD). The finished floor level shall be fully implemented prior to occupation and subsequently in accordance with the timing/phasing arrangements embodied within the scheme, or within any period as may subsequently be agreed, in writing with the Local Planning Authority. The reason for the condition is:- To reduce the risk of flooding to the proposed development and future occupants.
15.The development hereby permitted shall not commence until an investigation and risk assessment has been submitted to and agreed in writing by the Local Planning Authority, to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The written report(s) shall include: (i) a survey of the extent, scale and nature of contamination; (ii) an assessment of the potential risks to: human health, property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, adjoining land, groundwaters and surface waters, ecological systems, (iii) an appraisal of remedial options if required, (iv) A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. 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. 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.
16.The development hereby permitted shall not commence until (unless otherwise agreed in writing by the Local Planning Authority) 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. 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.
17.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 shall be 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. 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.
18.Prior to the commencement of any construction works for the erection of the 24 dwellings and associated works hereby permitted, all existing buildings on site shall be demolished and the site cleared of all associated debris. The reason for the condition is:- To ensure that the site is cleared prior to the commencement of the development.
19.Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that order) the dwelling shall not be further extended in any way without the prior consent of the Local Planning Authority. The garages/ground floor shall not be used for habitable accommodation at any time. The reason for the condition is:- To enable the Local Planning Authority to retain control over any further extensions to the dwelling in the interests of residential amenity.
20.No work shall commence on site until details of all finished floor levels and ridge heights are submitted to and approved by the Local Planning Authority. The habitable finished floor levels shall be no less than 4.1m AOD (see condition 14). The reason for the condition is:- To ensure that the height if the development hereby approved is in keeping in appearance with the character of the area and is of an adequate height for flood resilience.
21.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
22.NOTES - Please read the following notes carefully:- Note the application is subject to a a legal agreement under Section 106 of the Town and Country Planning Act 1990. The applicant is strongly recommended to advise neighbouring businesses and residential occupiers of the proposals, including any periods of potentially significant disturbance e.g. demolition or piling, together with contact details in the event of problems. It is recommended that the developer follows the methodology outlined below in meeting the requirement for a contaminated land survey specified in the above condition: i) A Phase One or desktop study should be carried out by the applicant to identify the previous uses of the site/building by examining the deeds, talking to previous owners etc. By establishing the previous use, the extent of any contamination can be assessed and measures devised to avoid the risk to the public, buildings, services, plants and general equipment when the site is developed. If the desktop study reveals that the building has not been used for purposes that would result in contamination of the ground, no further investigation is likely to be required. ii) Where the desktop study reveals that there is a risk that the site may be contaminated, a Phase Two or intrusive investigation must be undertaken to establish the nature and extent of any contamination on the site. iii) Where hazards are identified by the phase two investigation a suitable reclamation strategy shall be created, submitted to and approved in writing by the local planning authority and fully implemented and completed before any residential unit is occupied. The scheme must include provision for further soil sampling after treatment in order to ensure compliance with the local planning authority requirements. Your attention is drawn to the possibility that the building(s) to be demolished may have been constructed with materials that contain asbestos. Legal Requirements If the work involves the removal of loose asbestos, asbestos insulation board (AIB), or lagging; it is a legal requirement that this is done by an HSE licensed contractor. Works involving the removal of asbestos cement sheet, articles containing asbestos such as some types of floor tile, or textured wall coatings does not have to be done by an HSE licensed contractor. However, any contractor working with these materials must comply with the Control of Asbestos at Work Regulations 2002. Guidance on how to comply with these regulations can be found on the HSE web site www.hse.gov.uk Waste materials containing asbestos have to be disposed of in accordance with the requirements of the Control of Pollution (Special Waste) Regulations 1980. The responsibility for the safe development and secure occupancy of the site rests with the developer. The local planning authority has determined the application on the basis of the information available to it, but this does not mean that the land is free from contamination. 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 (insert for SHWP only and typically this can take between 3 and 4 months). 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 maybe 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. 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. The applicant is advised that to discharge condition 4 of this condition that the local planning authority requires a copy of a completed agreement between the applicant and the local highway 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.