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 :- 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 details contained in the application forms and drawing no's 191/05, 191/06, 191/07, 191/08 and 191/10 received by the Local Planning Authority on 30th June 2017. The reason for the condition is :- For the avoidance of doubt.
3.Prior to the first use of the development hereby permitted, the vehicular access shall be provided and thereafter retained in the position shown on the approved plans in accordance with the highway specification to be agreed with the Highway Authority. Arrangement shall be made for surface water drainage to be intercepted and disposed of separately so that it does not discharge from or onto the highway carriageway. The reason for the condition is :- To ensure satisfactory access into the site and avoid carriage of extraneous material or surface water from or onto the highway.
4.Vehicular and pedestrian (and cyclist) access to and egress from the adjoining highway shall be limited to the access(es) shown on the approved drawings only. Any other access(es) or egresses shall be permanently closed and the footway / highway verge shall be reinstated in accordance with a detailed scheme to be agreed with the Local Planning Authority in consultation with the Highway Authority, concurrently with the bringing into use of the new access. The reason for the condition is :- In the interests of highway safety.
5.Prior to the commencement of the use hereby permitted, any access gate(s), bollard, chain or other means of obstruction shall be hung to open inwards, set back and thereafter retained a minimum distance of 8 metres from the near channel edge of the adjacent carriageway. The reason for the condition is :- To enable vehicles to safely draw off the highway before the gate(s) or obstruction is opened.
6.Prior to the commencement of the use hereby permitted, a visibility splay shall be provided in full accordance with the details indicated on the approved plans. The splay shall thereafter be maintained free from any obstruction exceeding 0.6 metres above the level of the adjacent highway carriageway. The reason for the condition is :- In the interests of highway safety.
7.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.
8.Prior to the commencement of the use hereby permitted, the proposed access, on-site car and cycle parking, servicing, loading, unloading, turning and 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.
9.The highway boundary(ies) shall be marked out on site prior to commencement of construction of any part of the development fronting the highway. The reason for the condition is :- To prevent structures being erected within the highway boundary.
10.Notwithstanding the details indicated on the submitted drawings no works shall commence on site unless otherwise agreed in writing until a detailed scheme for the off-site highway improvement works as indicated on the approved plans 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.
11.Prior to the commencement of the use hereby permitted, the off-site highway improvement works referred to in condition 10 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.
12.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 principal aquifer, nearby River Yare and EU Water Framework Directive Drinking Water Protected Area) from potential pollutants associated with current and previous land uses in line with National Planning Policy Framework (NPPF; paragraphs 109 and 121), EU Water Framework Directive, Anglian River Basin Management Plan and Environment Agency Groundwater Protection Position Statements (2017) A4, A6, J1, J7 and N7.
13.No drainage systems for the infiltration of 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 approval details. The reason for the condition is :- To protect and prevent the pollution of controlled waters (particularly the principal aquifer, nearby River Yare and EU Water Framework Directive Drinking Water Protected Area) in line with National Planning Policy Framework (NPPF; paragraphs 109, 121), EU Water Framework Directive, Anglian River Basin Management Plan and Environment Agency Groundwater Protection Position Statements (2017) 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.
14.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 aquifer and/or impacting surface water quality. For development involving piling or other penetrative ground improvement methods on a site potentially affected by contamination or where groundwater is present at a shallow depth, a suitable Foundation Works Risk Assessment based on the results of the site investigation and any remediation should be undertaken. This assessment should underpin the choice of founding technique and any mitigation measures employed, to ensure the process does not cause, or create preferential pathways for, the movement of contamination into the underlying aquifer, or impacting surface water quality.
15.Prior to the commencement of the development and to the satisfaction of the Environmental Services Group Manager, a Phase 1 contamination report shall be carried out to assess whether the land is likely to be contaminated. The report shall also include details of known previous uses and possible contamination arising from those uses. If contamination is suspected to exist, a Phase 2 site investigation is to be carried out to the satisfaction of the Environmental Services Group Manager. If the Phase 2 site investigation determines that the ground contains contaminants at unacceptable levels then the applicant is to submit a written strategy detailing how the site is to be remediated to a standard suitable for its proposed end-use to the Environmental Services Group Manager. No buildings hereby permitted shall be occupied until the remediation works agreed within the scheme have been carried out to the satisfaction of the Local Planning Authority. The reason for the condition is :- 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.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 has been 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. The reason for the condition is :- 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.Construction work shall not take place outside the following hours:- 07:30 to 18:30 Monday to Friday 08:30 to 13:30 Saturday and no work shall take place on Sundays or Bank Holidays. (These hours shall only apply to work generating noise that is audible at the boundary of the nearest noise sensitive property) The reason for the condition is :- In the interests of the residential amenities of the occupiers of nearby dwellings.
18.Notwithstanding the provisions of the Town and Country Planning Use Classes Order 1987 and the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Orders revoking or re-enacting those Orders) the building hereby approved shall only be used for purposes within Class B1 or Class B8 of the Use Classes Order. The reason for the condition is:- In the interests of the residential amenities of the occupiers of nearby dwellings.
19.REASON FOR APPROVAL OF THE APPLICATION :- The proposal meets the criteria of Policy CS17 of the Great Yarmouth Local Plan: Core Strategy.
20.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.
21.NOTES - Please read the following notes carefully:- 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 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 and Operations team based at County Hall in Norwich on 0344 800 8020. 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. 2) Please be aware it is the applicant's responsibility to clarify the boundary with the public highway. Private structures such as fences or walls will not be permitted on highway land. The highway boundary may not match the applicant's title plan. Please contact the highway research team at highway.boundaries@norfolk.gov.uk for further details.