Great Yarmouth Borough Council Portal
No.Condition Text
1.NOTE: References in the planning conditions referred to in this decision notice to "works" or "development" shall include site investigations, archaeological investigations or associated works and references to phase numbering, the "Local Centre site" and "Primary School site" shall correlate to the phasing plan referred to in condition 3 or as unless otherwise agreed in writing by the Local Planning Authority.
2.Time Limit Application for approval of ALL "reserved matters" must be made not later than within the following timescales: · Submission of first phase or sub-phase (Phase 1a) reserved matters application within 12 months of the date of this decision, with commencement within 12 months of the approval from either the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such reserved matter to be approved; · Reserved matters application(s) for other subsequent phases (Phases 1b onwards) to be submitted within 5 years of the date of this decision or in respect of the Local Centre Site and Primary School Site (Phases 1 (b) and 1 (c) within 10 years of the date of this decision); · Development of subsequent phases to commence within 2 years from either, the final approval of the reserved matters, or in the case of approval on different dates, the final approval of the last such reserved matter to be approved. Application for the approval of the "reserved matters" shall include plans and descriptions of : 1. the details of the layout; 2. the scale of each building proposed 3. the appearance of all buildings including details of the type and colour of the materials to be used in their construction; and 4. the landscaping of the site. Approval of these "reserved matters" must be obtained from the local planning authority in writing before any development is commenced and the development shall be carried out in accordance with the details as approved Submission of reserved matters for the Local Centre Site area as identified as Phase 1(b) on the phasing plan referred to in condition 2 shall include plans which demonstrate how the local centre can include the range of uses anticipated by policy CA1 including an area of approximately 0.33ha sufficient to deliver a care home facility, retirement housing, or sheltered housing able to provide approximately 60 bedspaces. The reason for the condition is :- Required to be imposed by Section 92 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.
3.Phasing and Delivery Plan The development shall take place in accordance with the Phasing Plan reference NSC-PP01 Rev D unless otherwise agreed with the local planning authority The reason for the condition is :- For the avoidance of doubt
4.Local Centre proposals Prior to submission of reserved matters for Phase 2, details of the proposed schedule of floorspaces and uses within the local centre shall be provided to the Local Planning Authority. The local centre shall amount to no less than 1.75ha unless otherwise agreed in writing by the Local Planning Authority, and within that area at least 0.33ha is to be shown to be available for care home / retirement housing / sheltered housing unless otherwise agreed in writing by the Local Planning Authority. The reason for the condition is :- For the avoidance of doubt
5.Local Centre Uses The uses to be provided within the local centre shall be restricted to the uses listed within Classes A1, A2, A3, A4 and A5, B1 and D1 as defined in the Use Class Order 1987 definition before September 2020. For the avoidance of doubt these shall include public houses, wine bars, drinking establishments with or without food (former A4 use) and hot food takeaways (former A5 use). The reason for the condition is :- For the avoidance of doubt.
6.Care home / sheltered housing / retirement housing Unless otherwise agreed in writing by the Local Planning Authority there shall be no commencement of any more than 500 dwellings until the care home / sheltered housing / retirement housing has been provided and made available for use within the local centre. The reason for the condition is :- For the avoidance of doubt
7.Dwelling design space standards Applications for reserved matters containing residential elements of the development hereby permitted shall pay regard to the need to achieve nationally described space standards wherever feasible and practicable, and shall include a schedule of proposed sizes and an appraisal of their consistency with the nationally described space standards. The reason for the condition is :- For the avoidance of doubt
8.No development whatsoever shall take place until full details of the siting, design, external appearance, and landscaping of the development (herein after referred to as the reserved matters) have been submitted to and approved by the Local Planning Authority, taking full account of the details contained in the following documents relating to the development of the site:- 09941-FPCR-ZZ-XX-DR-L-0002 Rev A - Application Site Location Plan 09941-FPCR-ZZ-XX-DR-L-0004 Rev E - Development Framework 09941-FPCR-ZZ-XX-DR-L-0004.1 Rev D - Development Framework Land Use and Access 09941-FPCR-ZZ-XX-DR-L-0004.2 Rev D - Development Framework Density and Building Heights 09941-FPCR-ZZ-XX-DR-L-0004.3 Rev E - Development Framework Green Infrastructure 09941-FPCR-ZZ-XX-DR-L-0004.4 Rev D - Development Framework Circulation NSC-PP02 - Lengths of Hedgerow to be retained / Removed Planning Statement (First Review); Design and Access Statement (Addendum); Environmental Statement - Vol 1 - Main Report (Addendum); Environmental Statement - Vol 2 - Technical Appendices (Addendum); Environmental Statement - Vol 3 - Non-Technical Summary (Addendum); Arboricultural Impact Assessment (OAS-19-065-AR01) (incorporating Tree Constraint Plans, and Tree Removal Plans); JAC25452.03 Additional Heritage Impact Assessment 1 January 2021 and the development shall be carried out in accordance with such approved details. The reason for the condition is:- Such details, excepting the plans referred to above, have not been submitted as part of this application.
9.Use limits . The outline development shall be limited to a maximum of 665 dwellings. . The foodstore (A1 retail use) within the local centre shall be limited to 600sq.m. gross internal floors pace area, unless otherwise agreed in writing by the Local Planning Authority The reason for the condition is :- To ensure that the highway network is adequate to cater for the development proposed and to ensure the local centre functions to serve local need consistent with the scale of local centres within the local plan, and to ensure that the impacts of the development can be addressed through the mitigation measures proposed.
10.Hours of Work Construction work shall not take place outside the following hours:- 0730 hours to 1830 hours Monday to Friday 0830 hours to 1330 hours Saturdays No work 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 in accordance with LPP2 Policy A1
11.Contaminated land during construction 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. 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 in accordance with LPP2 Policy E6.
12.Fire Hydrants The following provision shall be made for a phase prior to occupation of any dwelling or building on that phase to the written satisfaction of the Local Planning Authority. Residential: One fire hydrant per 50 dwellings rounded up to the nearest 50th dwelling served by the mains supply (min 90mm main) School and local centre: Shall have fire hydrant provision capable of delivering a minimum of 20 litres per second through any hydrant serving the development and within a vehicular distance of no more than 90 metres from the complex. The developer will incur the full cost of the hydrant/s and its installation by the Water company. The reason for the condition is: - In the interest of public safety.
13.Landscape scheme No development on a phase except for site investigations, archaeological investigations and preliminary groundworks shall take place until there has been submitted to and approved by the Local Planning Authority a scheme of landscaping for that phase, which shall include indications of all existing trees and hedgerows on the relevant part of the land, and details of any to be retained, together with measures for their protection in the course of development. The reason for the condition is:- In the interests of the visual amenities of the locality in accordance with LPP2 Policy E4
14.Estate Roads No works shall commence on a phase of the site until such time as detailed plans of the roads, footways, cycleways, street lighting, foul and surface water drainage for that phase have been submitted to and approved in writing by the Local Planning Authority. All construction works shall be carried out in accordance with the approved plans. The reason for the condition is:- This needs to be a pre-commencement condition to ensure fundamental elements of the development that cannot be retrospectively designed and built are planned for at the earliest possible stage in the development and therefore will not lead to expensive remedial action and adversely impact on the viability of the development.
15.Surfacing footways and cycleways All footways and cycleways shall be fully surfaced in accordance with a plan for each phase of development. The plan for each phase shall be approved in writing prior to the commencement of development on the relevant phase by the Local Planning Authority. The reason for the condition is:- To ensure satisfactory development of the site.
16.Construction Parking Development shall not commence on a phase until a scheme detailing provision for on-site parking for construction workers for the duration of the construction period for that phase has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented throughout the construction period of the relevant phase. The reason for the condition is:- To ensure adequate off-street parking during construction in the interests of highway safety in accordance with LPP1 Policy CS16. This needs to be a pre-commencement condition as it deals with the construction period of the development.
17.Construction Traffic Management Plan Prior to the commencement of any works on a phase a Construction Traffic Management Plan including wheel cleaning facilities shall be submitted to and approved in writing by the Local Planning Authority for that phase and shall also include proposals to control and manage construction traffic to ensure no local roads other than Jack Chase Way are used. The reason for the condition is:- In the interests of maintaining highway efficiency and safety in accordance with LPP1 Policy CS16. This needs to be a pre-commencement condition as it deals with safeguards associated with the construction period of the development.
18.Construction Traffic Management Plan For the duration of the construction period for each phase all traffic associated with (the construction of) the development will comply with the Construction Traffic Management Plan for that phase unless approved in writing with the Local Planning Authority. The reason for the condition is:- In the interests of maintaining highway efficiency and safety in accordance with LPP1 Policy CS16.
19.Off Site Highway Works Ormesby Road Notwithstanding the details indicated on the submitted drawings no works shall commence on site unless otherwise agreed in writing until detailed drawings for the off-site highway improvements including traffic calming measures at Ormesby Road, as indicated on drawing no. 47932/PP/SK14 Rev B have been submitted to and approved in writing by the Local Planning 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 in accordance with LPP1 Policy CS16. This needs to be a pre-commencement condition as it helps reduce impact to the existing community during the construction period of the development.
20.Off Site Highway Works Ormesby Road Prior to construction of any new access, permanent, or otherwise at Jack Chase Way the off-site highway improvement works (including Public Rights of Way works) referred to in condition 19 shall be completed to the written satisfaction of the Local Planning Authority. The reason for the condition is:- To ensure that the highway network is adequate to cater for the development proposed in accordance with LPP1 Policy CS16.
21.Traffic Regulation Order No works shall commence on the site until a Traffic Regulation Order for a 40mph speed limit at Jack Chase Way has been secured by the Local Highway Authority and implemented. For the avoidance of doubt, a Temporary Traffic Regulation Order will be acceptable with traffic management, during the initial construction phase, but the permanent Traffic Regulation Order shall be secured prior to construction above slab level. The reason for the condition is:- In the interests of highway safety in accordance with LPP1 Policy CS16. This needs to be a pre-commencement condition as the impact applies to traffic associated with both the construction phase and also daily running of the site.
22.Surface Water Drainage Prior to commencement of development on a phase, in accordance with the submitted FRA/Drainage Strategy contained within The Environmental Statement Vol 1 - Main Report, Bidwells, November 2019 (Appendix 11.2A and Appendix 11.4A Richard Jackson, Site Specific Flood Risk Assessment, Nova Scotia Farm, Land West of Jack Chase Way, Caister ('Magnolia Gardens'), Persimmon Homes (Anglia) Ltd, dated June 2021, Rev B, Project No: 47932) detailed designs of a surface water drainage scheme for that phase incorporating the following measures shall be submitted to and agreed with the Local Planning Authority. The approved scheme will be implemented prior to the first occupation of the development. The scheme shall address the following matters (in so far as they are relevant to a phase): I. The design of the infiltration basins will include appropriate freeboard allowances. II. Plans to be submitted showing the routes for the management of exceedance surface water flow routes that minimise the risk to people and property during rainfall events in excess of 1% annual probability rainfall event. III. Finished ground floor levels of properties are a minimum of 300mm above expected flood levels of all sources of flooding (including the SuDS features within any proposed drainage scheme) or 150mm above ground level, whichever is the more precautionary. IV. Appropriate details should be submitted which considers how sustainable drainage relates to the whole site. In particular, highlighting where different future phases rely on each another for connection to the final discharge locations and how this will be implemented, during construction and operation of the development. V. A maintenance and management plan detailing the activities required, the frequency of the activities and details of who will adopt and maintain the all the surface water drainage features for the lifetime of the development shall be provided. The reason for the condition is:- To prevent flooding in accordance with LPP1 Policy CS13 by ensuring the satisfactory management of local sources of flooding surface water flow paths, storage and disposal of surface water from the site in a range of rainfall events and ensuring the SuDS proposed operates as designed for the lifetime of the development.
23.Foul Water Drainage No development shall commence on any phase of development until details of foul drainage for that phase have been submitted to and approved in writing by the Local Planning Authority and the details to be based on a foul water strategy covering the whole of the site identified in this application. No dwellings shall be occupied on the respective phase until the works have been carried out in accordance with the details as approved. The reason for the condition is :- To prevent environmental and amenity problems in accordance with LPP2 Policy I3.
24.Construction Environmental Management Plan: Biodiversity No development shall take place on a phase (including demolition ground works, vegetation clearance) until a Construction Environmental Management Plan (CEMP: Biodiversity) for that phase has been submitted to and approved in writing by the Local Planning Authority. The CEMP will include mitigations as found in 10.217-10.235 of the Environment Statement. The CEMP shall include the following: · Risk assessment of potentially damaging construction activities; · Identification of 'biodiversity protection zones'; · Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction; · The location and timing of sensitive works to avoid harm to biodiversity features; · The times during construction when specialist ecologists need to be present on site to oversee works; · Responsible persons and lines of communication; · The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person; · Use of protective fences, exclusion barriers and warning signs. The approved CEMP: Biodiversity shall be adhered to and implemented through the construction phases to which it relates strictly in accordance with the approved details, unless agreed in writing by the Local Planning Authority." The reason for the condition is :- To ensure habitat is safeguarded during construction and to maintain and enhance biodiversity in accordance with LPP1 Policy CS11.
25.Landscape and Ecological Management Plan (LEMP) Prior to the commencement of the development on a phase a Landscape and Ecological Management Plan (LEMP) for that phase shall be submitted to, and approved in writing by, the Local Planning Authority. The LEMP will include such enhancements that are outlined in the Environmental Statement 10.238 -10.242. These should also encompass Natural England's Comments about Biodiversity and Priority Habitat Delivery. The content of the LEMP shall include the following: a) Description and evaluation of features to be managed. b) Ecological trends and constraints on site that might influence management. c) Aims and objectives of management. d) Appropriate management options for achieving aims and objectives. e) Prescriptions for management actions. f) Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period). g) Details of the body or organisation responsible for implementation of the plan. h) Ongoing monitoring and remedial measures. The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The plan shall also set out (where the results from monitoring show that conservation aims and objectives of the LEMP are not being met) how contingencies and/ or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme. The reason for the condition is :- To ensure habitat is safeguarded during construction and to maintain and enhance biodiversity in accordance with LPP1 Policy CS11.
26.Archaeological Site Investigation Part A and B A) No development within a phase, sub-phase or group of phases or sub phases shall take place until an archaeological written scheme of investigation (WSI) for such phase, sub-phase or group of phases or sub phases 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/organisation to undertake the works set out within the written scheme of investigation. And, B) No development within a phase, sub-phase or group of phases or sub phases shall take place other than in accordance with the written scheme of investigation approved under (A) above and any addenda to that WSI covering subsequent phases of mitigation. The reason for the condition is :- To enable investigation and recording of this site of archaeological interest to take place before development and in accordance with LPP2 Policy E5.
27.Off Site Highway Works Traffic Signal Jack Chase Way Notwithstanding the details indicated on the submitted drawings no works shall commence above slab level unless otherwise agreed in writing by the Local Planning Authority until detailed drawings for the off-site highway improvements to provide a traffic signal-controlled junction at Jack Chase Way, as indicated in Inset A (Southern Development Access) of drawing no. 47932/PP/SK05/1 Rev P, have been submitted to and approved in writing by the Local Planning Authority. For the avoidance of doubt, waiting restrictions are required to prevent parking at the junction. 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 in accordance with LPP1 Policy CS16. This needs to be a pre-commencement condition to ensure a suitable and safe access is available for the construction of the development.
28.Off site highway works Traffic Signal Jack Chase Way Prior to works above slab level of the development hereby permitted unless otherwise agreed in writing by the Local Planning Authority the off-site highway improvement works (including Public Rights of Way works) referred to in condition 27 shall be completed to the written satisfaction of the Local Planning Authority. The reason for the condition is :- To ensure that the highway network is adequate to cater for the development proposed in accordance with LPP1 Policy CS16.
29.Off site highway works Toucan Jack Chase Way Notwithstanding the details indicated on the submitted drawings no works above slab level shall commence on site unless otherwise agreed in writing by the Local Planning Authority until detailed drawings for the off-site highway improvements including works to provide a toucan crossing at Jack Chase Way, as indicated in Inset A (Ped/Cycle Crossing) of drawing no. 47932/PP/SK05/2 Rev P, have been submitted to and approved in writing by the Local Planning Authority. For the avoidance of doubt, the scheme shall provide a continuous walking and cycling route between the development south (traffic signal controlled) access and Norwich Road. 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 in accordance with LPP1 Policy CS16.
30.Off site Highway Works Jack Chase Way, Norwich Road and High Street Notwithstanding the details indicated on the submitted drawings no works above slab level shall commence on site unless otherwise agreed in writing by the Local Planning Authority until detailed drawings for the off-site highway improvements to include capacity improvements at the A149 / Norwich roundabout, along with walking and cycling improvements at Jack Chase Way, Norwich Road and High Street , as indicated on drawing nos. 47932-PP-SK06 Rev C and 47932-PP-SK07 Rev B have been submitted to and approved in writing by the Local Planning 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 in accordance with LPP1 Policy CS16.
31.Off site highway works Bus Shelters Prince of Wales Rd and Norwich Road Notwithstanding the details indicated on the submitted drawings no works above slab level shall commence on site unless otherwise agreed in writing by the Local Planning Authority until detailed drawings for off-site highway improvement works to provide bus shelters equipped with real time passenger information displays, located two each at Prince of Wales Road and Norwich Road have been submitted to and approved in writing by the Local Planning 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 in accordance with LPP1 Policy CS16.
32.Lighting Design Strategy for light sensitive biodiversity: Prior to any works above slab level a 'lighting design strategy for biodiversity' shall be submitted to and approved in writing by the local planning authority. Section 10.232 in the Environment statement makes recommendations to this effect. The strategy shall: (a) Identify those areas/features on site that are particularly sensitive for bats and that are likely to cause disturbance in or around their breeding sites and resting places or along important routes used to access key areas of their territory, for example foraging; and (b) Show how and where external lighting will be installed (through the provision of appropriate lighting contour plans and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory or having access to breeding sites, resting places or feeding areas. All external lighting shall be installed in accordance with the specifications and locations set out in the strategy as approved , and these shall be maintained thereafter in accordance with the strategy. Under no circumstances should any other external lighting be installed without prior consent from the Local Planning Authority. The reason for the condition is :- To ensure satisfactory development and to maintain and enhance biodiversity in accordance with LPP1 Policy CS11.
33.Estate Roads Prior to the occupation of the final dwelling all works shall be carried out on roads/footways/cycleways/street lighting/foul and surface water sewers in accordance with the approved specifications pursuant to Conditions 14 and 32 to the satisfaction of the Local Planning 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.
34.Estate Roads Before any dwelling / unit is first occupied the roads/footways/cycleways shall be constructed to binder course surfacing level from the dwelling/unit to the adjoining County road in accordance with the details to be approved in writing by the Local Planning Authority pursuant to Condition 14. The reason for the condition is :- To ensure satisfactory development of the site.
35.Off site highway works Toucan Jack Chase Way Prior to the first occupation/use of the development hereby permitted the off-site highway improvement works (including Public Rights of Way works) referred to in Condition 29 shall be completed to the written satisfaction of the Local Planning Authority. The reason for the condition is :- To ensure that the highway network is adequate to cater for the development proposed in accordance with LPP1 Policy CS16.
36.Off site Highway Works Jack Chase Way, Norwich Road and High Street Prior to the first occupation/use of the development hereby permitted the off-site highway improvement works (including Public Rights of Way works) referred to in Condition 30 shall be completed to the written satisfaction of the Local Planning Authority. The reason for the condition is :- To ensure that the highway network is adequate to cater for the development proposed in accordance with LPP1 Policy CS16.
37.Off site highway works Bus Shelters Prince of Wales Rd and Norwich Road Prior to the first occupation/use of the development hereby permitted the off-site highway improvement works (including Public Rights of Way works) referred to in Condition 31 shall be completed to the written satisfaction of the Local Planning Authority. The reason for the condition is :- To ensure that the highway network is adequate to cater for the development proposed in accordance with LPP1 Policy CS16.
38.Off site works Northern Access Notwithstanding the details indicated on the submitted drawings no more than 275 dwellings shall be occupied unless otherwise agreed in writing until detailed drawings for the off-site highway improvements including all highway works north of Prince of Wales Road including north access roundabout, all remaining pedestrian and cycle facilities including a toucan crossing and links to existing and proposed development areas and the recreation area east of Jack Chase Way and footway extending north from the roundabout, to connect with the existing pedestrian route that crosses Jack Chase Way, south of the Yarmouth Road/Scratby Road roundabout, as indicated on drawing number 47932/PP/SK05/3 Rev P Inset A - Northern Development Access and Inset B - Toucan Crossing Area, have been submitted to and approved in writing by the Local Planning Authority for the avoidance of doubt, the scheme shall provide a continuous walking and cycling route between the development south (traffic signal controlled) access and the development north (roundabout) access. 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 in accordance with LPP1 Policy CS16.
39.Off site works Northern Access Prior to the 276th occupation of the development hereby permitted the off-site highway improvement works (including Public Rights of Way works) referred to in Condition 38 shall be completed to the written satisfaction of the Local Planning Authority. The reason for the condition is :- To ensure that the highway network is adequate to cater for the development proposed in accordance with LPP1 Policy CS16.
40.Cycleway wayfinding signs Notwithstanding the details indicated on the submitted drawings no more than 275 dwellings shall be occupied unless otherwise agreed in writing until detailed drawings for the off-site highway improvement works to provide cycle wayfinding signs at locations shown indicatively on Figure 2 of the Transport Assessment Addendum have been submitted to and approved in writing by the Local Planning 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 in accordance with LPP1 Policy CS16.
41.Cycleway wayfinding signs Prior to the 276th dwelling occupation of the development hereby permitted the off-site highway improvement works (including Public Rights of Way works) referred to in Condition 40 shall be completed to the written satisfaction of the Local Planning Authority. The reason for the condition is :- To ensure that the highway network is adequate to cater for the development proposed in accordance with LPP1 Policy CS16.
42.Surface water drainage implementation The approved Surface Water Drainage scheme for a phase (pursuant to Condition 22) will be implemented prior to the first occupation of the development on that phase. The reason for the condition is:- To prevent flooding in accordance with LPP1 Policy CS13 by ensuring the satisfactory management of local sources of flooding surface water flow paths, storage and disposal of surface water from the site in a range of rainfall events and ensuring the SuDS proposed operates as designed for the lifetime of the development.
43.On Site Heritage interpretation Prior to first occupation of the development hereby permitted a scheme for providing heritage interpretation measures relating to archaeological assets both within and adjoining the development to include: type; location; management/maintenance; and timetable for provision; shall be first submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the details as approved and retained as such thereafter. The reason for the condition is:- To ensure that the development ensures public awareness and understanding of the value of the sites below-ground and adjoining above-ground heritage assets and environmental value.
44.Archaeological investigation Development within a phase, sub-phase or group of phases or sub phases shall not be occupied or put into first use until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the archaeological written scheme of investigation approved under Condition 26 Part A including provision for analysis, publication and dissemination of results and archive deposition as approved. The reason for the condition is :- To enable investigation and recording of this site of archaeological interest to take place before development and in accordance with LPP2 Policy E5.
45.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. It is confirmed that this shadow HRA submitted by the applicant has been assessed as being suitable for the Borough Council as competent authority to use as the HRA record for the determination of the planning application, in accordance with the Conservation of Habitats and Species Regulations 2017. In this instance the Borough Council has considered there is no likely significant effect on protected habitats arising solely from the development itself; and the development would contribute to the overall in-combination significant adverse effect identified by the Habitats Regulations Assessment Report for the Local Plan Core Strategy, but this effect can be adequately mitigated by the Habitats Monitoring and Mitigation Strategy; and that Strategy requires a payment of £210.84 per each additional dwelling towards the monitoring and mitigation provided through that Strategy.
46.REASON FOR APPROVAL OF THE APPLICATION :- The proposal meets the requirements of Policies CS1, CS2, CS3 (as amended by Policy UCS3 in the Local Plan Part 2 ), CS4 (as amended by Policy UCS4 in the Local Plan Part 2), CS6, CS7 (as amended by Policy UCS7 in the Local Plan Part 2 ), CS9, CS10, CS11, CS12, CS13, CS14, CS15 and CS16; Local Plan Part 2 : Policies UCS3, UCS4, UCS7, GSP1, GSP5, GSP6, GSP8, A1, A2, H1, H2, H3, H4, H13, R1, R5, R7, E1, E4, E5, E6, E7, C1, I1, I2, I3 and Policy CA1. In reaching this planning decision due regard has been had by the Local Planning Authority to the Town and Country Planning (Environment Impact Assessment) Regulations 2011.
47.NOTES - Please read the following notes carefully:- S106 and Phasing This application is the subject of a legal agreement under S.106 of the Town and Country Planning Action 1990 which includes a phasing plan. References to phases in this decision notice shall refer to phases on the phasing plan approved pursuant to the section 106 agreement and planning permission or as otherwise agreed with the Council.
48.NOTES - Please read the following notes carefully:- Biodiversity Regarding the provision of the CEMP and a LEMP If several years have passed since surveys were undertaken then update surveys may be required at the reserved matters stage and any additional mitigation measures that need incorporating into the site's design agreed with the local planning authority. The validity of the ecological surveys will be informed by CIEEM guidelines (2019) see https://cieem.net/resource/advice-note-on-thelifespan-of-ecological-reports-and-surveys/
49.NOTES - Please read the following notes carefully:- Environmental Health: Advisory Note 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. Disclaimer re contamination NOTE: 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, or that the land could not be declared Contaminated Land in future. Local Air Quality: The site will potentially generate a significant amount of dust during the conversion process; therefore, the following measures should be employed: - - An adequate supply of water shall be available for suppressing dust; - Mechanical cutting equipment with integral dust suppression should be used; - There shall be no burning of any materials on site.
50.NOTES - Please read the following notes carefully:- NCC Highways Informatives: 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. 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 Applicants own expense. The off-site works will be delivered by a Section 278 Agreement and the precise delivery mechanism will be determined as the works are brought forward. The applicant should be aware that there may be additional costs relating to the off-site works which will include a commuted maintenance amount as well as various fees including administration and supervision. The completed works will be subject to a Safety Audit and additional works may be required. Further information on the delivery of highway works can be found under Highways and Transport: Post-planning processes at the following link: https://www.norfolk.gov.uk/rubbish-recycling-and-planning/planning-applications/highway-guidance-for-development/publications Travel Plan This development involves a Travel Plan to be implemented within the scope of a Legal Agreement between the Applicant and the County Council. Please note that it is the Applicants' responsibility to ensure that, in addition to planning permission, any necessary Agreements under the Town and Country Planning Act 1990 or 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. Please contact the writer of this letter. Commuted Sum for Travel Plans The Highways Authority levies a charge to cover the on-going costs of reviewing and monitoring a Travel Plan annually. The Highways Authority also requires a Bond to ensure that the Travel Plan targets are met. Both the Bond and the monitoring charge are secured by a Section 106 Legal Agreement. This is in addition to the sum payable for Planning Obligations covering infrastructure, services and amenities requirements. Developers are expected to enter into a Section 106 Agreement to secure the necessary funding before planning permission is granted. 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 developer is reminded that it is an offence to allow materials to be carried from the site and deposited on or damage the highway from uncleaned wheels or badly loaded vehicles. The Highway Authority will seek, wherever possible, to recover any expenses incurred in clearing, cleaning or repairing highway surfaces and prosecutes persistent offenders. (Highways Act 1980 Sections 131, 148, 149.) Please be aware it is the applicants 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 applicants title plan. Please contact the highway research team at highway.boundaries@norfolk.gov.uk for further details
51.NOTES - Please read the following notes carefully:- Archaeology: Briefs for the archaeological work can be obtained from Norfolk County Council Environment Service historic environment strategy and advice team. The service charge applicants for the elements of its involvement in planning cases not covered by our service level agreements with local planning authorities.