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 plans received by the Local Planning Authority on the 8th March 2018, and the revised plans received by the Local Planning Authority on 6th of June 2018. Original Plans (date 8th March 2018):- Proposed Kiosk Elevations ref 8043 (PA_07) Kiosk roof and Floor Plan ref 8043 (PA_09) Lighting and CCTV Details ref 8043 (PA_08) Revised Plans (dated 6th June 2018):- Site Plan A ref 8043(PA_03 REVA); PFS Plan A ref 8043(PA_05 REVA): Site Elevation Plan A ref 8043(PA_03 REV A) Forecourt Sections A ref 8043(PA_03 REVA) and Tanker Tracking A ref 8043(PA_12 REV A) The reason for the condition is :- For the avoidance of doubt and in accordance with the revised plans.
3.Prior to each phase of development approved by this planning permission no development I No development approved by this planning permission (or such other date or stage in development as may be agreed in writing with the Local Planning Authority} , shall take place until 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: 1. 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. 2. A site investigation scheme , based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected , including those off site. 3. The results of the site investigation and detailed risk assessment referred to in (2) 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 4. 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 (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. Any changes to these components require the express written consent of the local planning authority. The scheme shall be implemented as approved. The reason for the condition is :- To protect and prevent the pollution of the water environment (particularly groundwaterassociated with the underlying Secondary and Principal Aquifers , 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 National Planning Policy Framework (NPPF) paragraph 109 states that the planning system should contribute to and enhance the natural and local environment by preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of water pollution. Government policy also states that planning policies and decisions should also ensure that adequate site investigation information , prepared by a competent person, is presented (NPPF, paragraph 121).
4.No occupation of any part of the permitted development I of each phase of development shall take place until 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 pollutant 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 the water environment (particularly groundwaterassociated with the underlying Secondary and Principal Aquifers , 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 National Planning Policy Framework (NPPF) paragraph 109 states that the planning system should contribute to and enhance the natural and local environment by preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of water pollution. Government policy also states that planning policies and decisions should also ensure that adequate site investigation information , prepared by a competent person, is presented (NPPF, paragraph 121).
5.No development should take place until 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. 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 the water environment (particularly groundwaterassociated with the underlying Secondary and Principal Aquifers , 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 National Planning Policy Framework (NPPF) paragraph 109 states that the planning system should contribute to and enhance the natural and local environment by preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of water pollution. Government policy also states that planning policies and decisions should also ensure that adequate site investigation information , prepared by a competent person, is presented (NPPF, paragraph 121).
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 the water environment (particularly groundwaterassociated with the underlying Secondary and Principal Aquifers , 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 National Planning Policy Framework (NPPF) paragraph 109 states that the planning system should contribute to and enhance the natural and local environment by preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of water pollution. Government policy also states that planning policies and decisions should also ensure that adequate site investigation information , prepared by a competent person, is presented (NPPF, paragraph 121).
7.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 approved details The reason for the condition is :- Infiltration through contaminated land has the potential to impact on groundwater quality. The National Planning Policy Framework paragraph 109 states that the planning system should contribute to and enhance the natural and local environment by preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of water pollution.
8.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 any other foundation designs using penetrative methods can result in risks to potable supplies from, for example, pollution I turbidity, risk of mobilising contamination, drilling through different aquifers and creating preferential pathways. Thus it should be demonstrated that any proposed piling will not result in contamination of groundwater. The National Planning Policy Framework paragraph 109 states that the planning system should contribute to and enhance the natural and local environment by preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of water pollution.
9.The development hereby permitted shall not be commenced until such time as a scheme to install underground tanks and associated infrastructure has been 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 tank(s), tank surround, associated pipework and monitoring system. The scheme shall be fully implemented and subsequently maintained , in 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 (undifferentiated) and principal aquifers 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, 120 and 121), EU Water Framework Directive, Anglian River Basin Management Plan and Environment Agency Groundwater Protection Position Statements (2017) D2 and D3.
10.The development hereby permitted shall not be occupied until such time as a validation report has been completed , which includes evidence that the tanks and associated infrastructure have been completed in accordance with the scheme approved under [condition 3]. The validation report should 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 aquifers 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, 120 and 121), EU Water Framework Directive, Anglian River Basin Management Plan and Environment Agency Groundwater Protection Position Statements (2017) D2 and D3.
11.Construction work shall not take place outside the following hours:- 07:30 to 18:00 Monday to Friday 08:00 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.
12.REASON FOR APPROVAL OF THE APPLICATION :- The proposal meets the criteria of Adopted Policies CS09, CS07 and CS11 of the Great Yarmouth Local Plan Core Strategy 2015.
13.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.