| No. | Condition Text |
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| 1. | The development must be begun not later than three years beginning with the date of this permission.
The reason for the condition is :-
The time limit condition is imposed in order to comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004. |
| 2. | The development shall be carried out in accordance with the application form and approved plans and documents received by the Local Planning Authority on 30th September 2015.
The reason for the condition is :-
For the avoidance of doubt. |
| 3. | Prior to commencement of the development hereby permitted, a scheme that includes the following components 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 in consultation with the Environment Agency:
(a) 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.
(b) A site investigation scheme, based on (a) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.
(c) The results of the site investigation and detailed risk assessment referred to in (b) 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.
(d) 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 (c) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.
Prior to commencement of the development, the scheme shall be implemented as approved.
The reason for the condition is :-
In order to ensure that contamination risks are appropriately addressed prior to development commencing. |
| 4. | Prior to commencement of the development hereby approved, a verification report demonstrating completion of 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 pullutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan. The long-term monitoring and maintenance plan shall be implemented as approved.
The reason for the condition is :-
To protect and prevent the pollution of controlled waters (particularly the Secondary (undifferentiated) and Principal aquifiers, Source Protection Zone 3, nearby watercourse and EU Water Framework Directive Drinking Water Protected Area) from potential pollutants associated with current and previous land uses in line with the National Planning Policy Framework (NPPF; paragraphs 109 and 121), EU Water Framework Directive, Anglian River Basin Management Plan and Environment Agency Groundwater Protection: Principles and Practice (GP3 v.1.1, 2013) position statements A4 - A6, J1 - J7 and N7. |
| 5. | Prior to commencement of the development hereby permitted, a long-term monitoring and maintenance plan in respect of contamination, including a timetable of monitoring and submission of reports to the Local Planning Authority, shall be submitted to, and approved in writing by, the Local Planning Authority in consultation with the Environment Agency. Reports as specified in the approved plan, including details of any necessary contingency action arising from the monitoring, shall be submitted to, and approved in writing by, the Local Planning Authority. Any necessary contingency measures shall be carried out in accordance with the details in the approved reports. On completion of the monitoring specified in the plan a final report demonstrating that all long-term remediation works have been carried out and confirming that remedial targets have been achieved shall be submitted to, and approved in writing by, the Local Planning Authority.
The reason for the condition is :-
To protect and prevent the pollution of controlled waters (particularly the Secondary (undifferentiated) and Principal aquifiers, Source Protection Zone 3, nearby watercourse and EU Water Framework Directive Drinking Water Protected Area) from potential pollutants associated with current and previous land uses in line with the National Planning Policy Framework (NPPF; paragraphs 109 and 121), EU Water Framework Directive, Anglian River Basin Management Plan and Environment Agency Groundwater Protection: Principles and Practice (GP3 v.1.1, 2013) position statements A4 - A6, J1 - J7 and N7. |
| 6. | 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 a remediation strategy to the Local Planning Authority detailing how this unsuspected contamination shall be dealt with, and obtained written approval from the Local Planning Authority. The remediation strategy shall be implemented as approved.
The reason for the condition is :-
To protect and prevent the pollution of controlled waters (particularly the Secondary (undifferentiated) and Principal aquifiers, Source Protection Zone 3, nearby watercourse and EU Water Framework Directive Drinking Water Protected Area) from potential pollutants associated with current and previous land uses in line with the National Planning Policy Framework (NPPF; paragraphs 109 and 121), EU Water Framework Directive, Anglian River Basin Management Plan and Environment Agency Groundwater Protection: Principles and Practice (GP3 v.1.1, 2013) position statements A4 - A6, J1 - J7 and N7. |
| 7. | Prior to commencement of the development hereby permitted, a scheme to install the underground tanks and associated infrastructure shall be submitted to, and approved in writing by, the Local Planning Authority.
The scheme shall include the full structural details of the installation, including details of: excavation, the tanks, tank surrounds, associated pipework and monitoring system. Development shall be carried out and thereafter maintained in full accordance with the scheme or any changes as may subsequently be agreed in writing by the Local Planning Authority.
The reason for the condition is :-
To protect and prevent the pollution of controlled waters (particularly the Secondary A and Principal aquifiers, nearby groundwater abstractions and EU Water Framework Directive Drinking Water Protected Area) from potential pollutants associated with current and previous land uses in line with the National Planning Policy Framework (NPPF; paragraphs 109, 120 and 121), EU Water Framework Directive, Anglian River Basin Management Plan and Environment Agency Groundwater Protection: Principles and Practice (GP3 v.1.1, 2013) position statements D2 and D3. |
| 8. | Prior to commencement of the development hereby approved, details and locations of any proposed soakaways shall be submitted to, and approved in writing by, the Local Planning Authority. Any proposed soakaways shall be limited to the direct discharge of roof water to areas of ground proven to be absent of leachable contamination, following details of leachability testing at the site of the proposed soakaway being submitted to, and approved in writing by, the Local Planning Authority in consultation with the Environment Agency.
No infiltration or surface water drainage into the ground is permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to controlled waters. The development shall be carried out in accordance with the approved details.
The reason for the condition is :-
To protect and prevent the pollution of controlled waters (particularly the Secondary A and Principal aquifiers, nearby groundwater abstractions and EU Water Framework Directive Drinking Water Protected Area) in line with the National Planning Policy Framework (NPPF; paragraphs 109 and 121), EU Water Framework Directive, Anglian River Basin Management Plan and Environment Agency Groundwater Protection (GP3 v.1.1, 2013) position statements G1, G9 to G13, N7 and N10. The water environment is potentially vulnerable and there is an increased potential for pollution from inappropriately located and/or designed infiltration sustainable drainage systems (SuDS) such as soakaways, unsealed porous pavement systems or infiltration basins.
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| 9. | Prior to commencement of the development hereby permitted, a surface water drainage scheme shall be submitted to, and approved in writing by, the Local Planning Authority. The development approved shall be implemented and maintained in accordance with the approved scheme.
The reason for the condition is :-
In order to provide satisfactory drainage arrangements both on and from the site and to avoid problems of pollution of nearby water courses. |
| 10. | Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details.
The reason for the condition is :-
Piling or other penetrative ground improvement methods can increase the risk to the water environment by introducing preferential pathways for the movement of contamination into the underlying aquifier and/or impacting surface water quality. |
| 11. | Prior to the first use of the development hereby permitted, the proposed access, on-site car parking, servicing, loading/unloading, turning/waiting areas 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. | No external lighting shall be installed other than in accordance with the lighting plan as illustrated and described on the submitted plans and is to be retained such that it will not cause glare beyond the site boundaries.
The reason for the condition is :-
In the interests of highway safety. |
| 13. | The external lighting should be installed and directed in such a mannaer as to cause no inconvenience or hazard to the users if the adjacent highway. The County Council reserves the right to inspect the installation to confirm that this condition is met and to request the fitting of louvers or baffles if required.
Reason: In the interests of highway safety. |
| 14. | Prior to commencement of the development hereby permitted, a health, safety and environmental risk assessment shall be submitted to, and approved in writing by, the Local Planning Authority in consultation with Norfolk Fire and Rescue Service. The risk assessment should take into account:
(a) The nature, location and depth of any waste disposal (landfill) and land contamination.
(b) Any subterranean water courses, aquifiers, culverts, pipelines or mine workings.
(c) Any cuttings or tunnel and any basements or cellars directly beneath or adjacent to the filling station.
(d) Surface waters and groundwater.
(e) Protected environmental areas, for example a site of special scientific interest.
The reason for the condition is :-
In order to ensure that health, safety and environmental risks are approriately addressed prior to development commencing.
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| 15. | The petrol filling station should be so arranged that there are no overhead conductors (electricity or telephone lines etc) which, at their maximum swing, pass within 3 metres of a vertical projection upwards from the perimeter of hazardous areas (e.g. dispensers, vent pipes or tanker stands).
The reason for the condition is :-
In the interests of safety. |
| 16. | NOTES - Please read the following notes carefully:-
Please refer to the informative information contained within the Environment Agency consultation response dated 4th November 2015. |
| 17. | 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. |
| 18. | REASON FOR APPROVAL OF THE APPLICATION :-
The proposal meets the criteria SHP12, BNV10 and BNV16 of the Great Yarmouth Borough-Wide Local Plan 2001. |