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 :- Required to be imposed pursuant to Section 51 of the Planning and Compulsory Purchase Act 2004.
2.The development shall be carried out in accordance with the following drawing numbers listed below: 19049 0100-P02 Site Location Plan- received 17/12/20 19049 0101-P02 Existing Site Layout received 17/12/20 19049 0102-P21 Proposed Site Layout received 17/01/22 19049 0103-P08 Material Distribution Plan received 17/01/22 19049 0200-P03 Housetype AA - Plans and Elevations received 13/01/22 19049 0201-P03 Housetype AAA - Plans and Elevations received 13/01/22 19049 0202-P04 Housetype BB - Plans and Elevations received 13/01/22 19049 0204-P03 Housetype CC - Plans and Elevations received 13/01/22 19049 0205-P03 Housetype DDD - Plans and Elevations received 13/01/22 19049 0206-P03 Housetype EEEE - Plans and Elevations received 13/01/22 19049 0208-P01 Housetype DD - Plans and Elevations received 13/01/22 19049 0400-P05 Indicative Street Elevations received 13/01/22 61413_PP_003 Tracking Plan received 17/01/22 The reason for the condition is :- For the avoidance of doubt.
3.The development shall be constructed in accordance with the submitted FRA and Drainage Strategy (Geosphere Environmental Ltd, Level 2 Flood Risk Assessment at Drake Centre, Estcourt Road, Great Yarmouth, NR30 4JH, ref: 2381,EC,AR,SI,FR/FLOOD/PC,SG/04-11-18/V9, dated 17 June 2021) and Drainage Strategy (SRC Ltd, Surface and Foul Water Drainage Strategy for Proposed Residential Development, Land at Churchill Road/Estcourt Road, Great Yarmouth, Norfolk, Project No: 28120 Ref: 28120-REP-01B, dated June 2021 and Drainage Strategy Plan (SRC Ltd, Proposed Drainage Strategy Arrangement. The reason for the condition is :- For the avoidance of doubt and in the interests of residential amenity and occupant safety..
4.The development hereby permitted shall be constructed to provide a ground floor Finished Floor Level to each dwelling of a minimum of 3.24m above datum (AOD). Furthermore, safe refuge shall be provided and made available within upper floor levels of each dwelling at a minimum of 5.64m AOD. No occupation of any dwelling shall take place until the dwellings have first been constructed and the levels have first been provided as specified. The reason for the condition is :- To ensure the flood risk to people and property is adequately mitigated for, in accordance with the recommendation of the submitted Flood Risk Assessment.
5.Construction work shall not take place outside the following hours:- 07:30 to 18:30 Mondays through Fridays 08:30 to 13:30 Saturdays 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.
6.(a) There shall be no commencement of the development hereby permitted, including site clearance and demolition works, until a site-wide Bat Activity survey report has first been carried out and until the results have first been submitted to and approved in writing by the Local Planning Authority. The survey shall assess the presence of roosting bats across the site including within the building to be demolished and the report shall include proposals for adequate additional mitigation to address the possible loss or displacement of roost sites. (b) Notwithstanding the above there shall be no demolition of the existing building on the site until the location of alternative bat accommodation has been submitted and agreed which shall include the provision of a minimum of 2 bat boxes within the details approved under part (a) of this condition. The reason for the condition is :- For avoidance of doubt and to ensure appropriate alternate provision is provided for any bats prior to the demolition of the existing building and during construction.
7.There shall be no commencement of the development hereby permitted, including site clearance and demolition works, until the protected species and pre-construction habitat protection measures have first been installed as set out in (RammSanderson Report October 2020 RSE_4285-01-V2 paragraph 5.1.3 set exclusion methodology described therein) and in accordance with any protected species site licence issued by Natural England in respect of development at this site. The reason for the condition is :- For the avoidance of doubt, to protect endangered species and ecology, and in accordance with the Wildlife and Countryside Act.
8.The works of demolition, site clearance and construction shall only be undertaken with the protected species and pre-construction habitat protection measures having first been implemented and established, as set out in the (RammSanderson Report October 2020 RSE_4285-01-V2 paragraph 5.1.3 set exclusion methodology described therein) as required by Condition 5 of this permission. The measures shall remain in place for the full duration of the demolition and construction works hereby permitted. The reason for the condition is :- For the avoidance of doubt, to protect endangered species and ecology, and in accordance with the Wildlife and Countryside Act.
9.There shall be no works of demolition of the existing building on the site until a programme of historic building recording of the former hospital building D (brick and flint building) has first been submitted to and approved in writing by the Local Planning Authority, and the results made available for publishing in accordance with the requirements of the Historic Environment Services and placing of the report on the historic environment record public archive. The reason for the condition is :- To ensure the appropriate investigation and recording of this site of archaeological interest is undertaken.
10.There shall be no residential occupation of the development hereby permitted until the details of providing public heritage interpretation or display features within the site have first been submitted to and approved in writing by the Local Planning Authority. The details shall be based upon former uses of the site and the results of the recording of the building required by investigation under Condition 9 of this permission. The interpretation features or displays shall be installed and made available for public view and interaction prior to the first occupation of any dwelling within the development hereby permitted, and shall be retained and maintained as such thereafter. The reason for the condition is :- To ensure the appropriate investigation and interpretation of this site of archaeological and historic interest is undertaken and made available for public appreciation.
11.No development, including works of demolition and site clearance, shall commence until a scheme detailing provision for on-site parking for construction workers and a scheme for providing temporary wheel washing facilities for the duration of the construction period have first been submitted to and approved in writing by the Local Planning Authority. The scheme shall thereafter be implemented throughout the construction period in accordance with the details approved. The reason for the condition is: - To ensure adequate off-street parking during demolition and construction in the interests of highway safety. This needs to be a pre-commencement condition as it deals with the construction period of the development.
12.There shall be no commencement of the development hereby permitted until a scheme that includes the following components to deal with the risks associated with contamination of the site has first been 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 groundwater associated 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 170 and 178), EU Water Framework Directive, Anglian River Basin Management Plan and Environment Agency Groundwater Protection Position Statements (2018).
13.No development shall 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, has first been 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 groundwater associated 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 170 and 178), EU Water Framework Directive, Anglian River Basin Management Plan and Environment Agency Groundwater Protection Position Statements (2018).
14.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 groundwater associated 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 170 and 178), EU Water Framework Directive, Anglian River Basin Management Plan and Environment Agency Groundwater Protection Position Statements (2018).
15.Piling or any other foundation designs using penetrative methods shall not be used 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 / 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.
16.With the exception of the demolition of the existing building on site, there shall be no commencement of the development hereby permitted until a scheme that demonstrates how the dwellings will be built to meet requirement M4(2) of Part M of the Building Regulations for accessible and adaptable dwellings, where practicable, has first been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be constructed in strict accordance with the details so approved. The reason for the condition is :- To ensure that the dwellings are designed to be adaptable and efficient for lifetime occupation and to provide appropriate long term residential amenity.
17.With the exception of the demolition of the existing building on site, there shall be no commencement of the development hereby permitted until details of the proposed provision of water efficiency measures to each dwelling have first been submitted to and approved in writing by the Local Planning Authority. The details shall ensure the measures enable each dwelling to meet the water efficiency standard of a maximum use of 110 litres per person per day. The measures for each dwelling shall thereafter be provided in accordance with the approved details before the occupation of that dwelling. The reason for the condition is:- In the interests of water efficiency.
18.With the exception of the demolition of the existing building on site, there shall be no commencement of the development hereby permitted until details of the provision of electric vehicle charging for each dwelling have first been submitted to and approved in writing by the Local Planning Authority. The EV charging features shall be provided to each dwelling in accordance with the approved details, prior to occupation of that dwelling. The reason for the condition is:- To facilitate sustainable transport.
19.With the exception of the demolition of the existing building on site, there shall be no commencement of the development hereby permitted until details have first been submitted to and approved in writing by the Local Planning Authority demonstrating how the dwellings will be designed where possible to be adaptable to changing needs and existing and emerging technologies such as home-working and digital connectivity and energy efficiency. The development shall be undertaken in accordance with the details as approved, and the measures for each dwelling shall thereafter be provided in accordance with the approved details before the occupation of that dwelling. The reason for the condition is :- To ensure that the dwellings are designed to be adaptable and efficient for lifetime occupation and to provide appropriate long term residential amenity.
20.No development above slab level shall take place until a Biodiversity Enhancement Plan has first been submitted to and approved in writing by the Local Planning Authority detailing the enhancement measures for biodiversity on site. The Biodiversity Enhancement Plan shall include the numbers and locations of proposed bird boxes, bat boxes and habitat enhancements including the provision of hedgehog holes in boundary fences to each dwelling. Details shall include no less than 30 no. bird boxes and 2 no. bat boxes to be sited within the development. The measures shall be carried out strictly in accordance with the approved scheme, which shall be completed either prior to the first occupation of each dwelling as relevant, or, where enhancement features are proposed in communal areas, no later than the first occupation of the final dwelling to be occupied within this development. Upon completion of the Biodiversity Enhancement Plan measures, a 'statement of good practice' shall be signed by the competent ecologist, and shall be submitted to the Local Planning Authority, confirming that the specified enhancement measures have been implemented in accordance with good practice upon which the planning consent was granted. The reason for the condition is :- To secure biodiversity enhancements in line with the National Planning Policy Framework.
21.No works shall commence on the site until such time as detailed plans of the roads, footways, street lighting, foul and surface water drainage 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.
22.There shall be no residential occupation of any dwelling in the development hereby permitted until the road(s)/footway(s) have first been constructed to binder course surfacing level from that dwelling to the adjoining County road in accordance with the details to be approved in writing by the Local Planning Authority under Condition 21 of this permission. The reason for the condition is: - To ensure satisfactory development of the site.
23.There shall be no residential occupation of the final dwelling to be occupied in the development hereby permitted until all works have first been carried out on roads/footways/street lighting/foul and surface water sewers in accordance with the approved specification required by Condition 21 of this permission 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.
24.Vehicular/pedestrian/cyclist access to and egress from the adjoining highway shall be limited to the access(s) shown on Site Layout Plan Drawing 19049 0102-P21 only. Prior to the first occupation of any dwelling any other access or egress 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 concurrently with the bringing into use of the new access. The reason for the condition is: - In the interests of highway safety.
25.No development above slab level shall take place until a Scheme of Hard and Soft Landscaping has first been submitted to and approved in writing by the Local Planning Authority. The Scheme shall include: - soft landscaping planting plan for the trees, shrubs and hedges to be provided; - soft landscape planting locations, size and species; - details of planting establishment; - all hard landscaping materials; - a proposed timescale for provision of all hard and soft landscaping; and, - a full Maintenance and Management Schedule for the site landscaping. The landscaping shall thereafter be completed in full accordance with the approved details and schedule of provision, which shall be completed in full no later than the first occupation of the final dwelling to be occupied within this development. The planting of trees and shrubs shall be carried out in accordance with the scheme as approved within 9 months of the occupation of the dwelling on any plot to which the trees and shrubs relate. Any trees and shrubs so planted which die, become diseased, damanged or are removed within 5 years of planting shall be replaced with a specimen of like stature, size and species within the first available planting season following their removal. The reason for the condition is:- To enhance the residential and visual amenities of the development.
26.No development above slab level shall take place until a Landscape and Ecological Management Plan (LEMP) has first been submitted to, and approved in writing by the Local Planning Authority. The content of the LEMP shall include the following:. a. Description and evaluation of features to be managed. b. Aims and objectives of management. c. Appropriate management options for achieving aims and objectives. d. Prescriptions for management actions. e. Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period). f. Details of the body or organization responsible for implementation of the plan. g. 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 approved plan will be implemented in accordance with the approved details." The reason for the condition is :- To secure biodiversity enhancements in line with the National Planning Policy Framework.
27.(a) No development above slab level shall take place until details of providing screen walls and fences to the southern and eastern boundaries of the site have first been submitted to and approved in writing by the Local Planning Authority. Unless otherwise agreed in writing the existing wall at the southern boundary (Estcourt Road) shall be made good and extended in a similar style using matching stock bricks and or bricks and flint panels. Details of the wall design shall include siting, height, width, brickbond and mortar colour. (b) The works to the existing wall at the southern boundary (Estcourt Road) shall be made good before the first occupation of any dwelling within the development hereby permitted. The fences shall be provided in accordance with the approved details before the dwellings to which they relate are occupied. The screen wall shall be completed in accordance with the approved details before the occupation of the dwellings shown as plots 25-30 on the approved site layout plan drawing ref 19049 0102-P21. The reason for the condition is:- In the interests of the visual amenities of the locality
28.(a) There shall be no residential occupation of any dwelling within the development hereby permitted until a 4 metre high acoustic barrier shall be constructed along the northern boundary and partly along the eastern boundary of the site to reduce noise emissions from the activities of the adjoining commercial neighbour (currently GYB Services depot). Its footprint is shown in Figure 4 of the environmental noise assessment second revision prepared by Acoustic Associates received by the Local Planning Authority 28th September 2021, and the minimum specification of the barrier that shall be used is given in Appendix 4 of that assessment. (b) The existing 1.8 metre high perimeter wall along Churchhill Road and Estcourt Road shall be retained within the development hereby permitted. (c) All gardens shall be surrounded by standard 1.8 m close-boarded fences, to be installed prior to occupation of each dwelling. (d) Installed windows shall achieve a minimum sound reduction index of 30 dB Rw. The reason for the condition is :- To attenuate potential noise and in the interests of the amenities of the future residents.
29.There shall be no residential occupation of any dwelling within the development hereby permitted until a Flood Warning and Response and Evacuation Plan has first been submitted to and approved in writing by the Local Planning Authority. This flood response plan, including information regarding the availability of the Environment Agency's Flood Warnings Service, shall be made available to all future occupiers of the site upon the first occupation of each dwelling within the development. The reason for the condition is :- In accordance with the recommendations of the flood risk assessment, and to minimise the risk to the occupants in the event of flooding.
30.There shall be no residential occupation of any dwelling in the development hereby permitted until the proposed access/on-site car parking/turning areas have first been laid out, demarcated, levelled, surfaced and drained in accordance with the approved plans and retained thereafter available for that specific use. The reason for the condition is: - To ensure permanent availability of the parking and manoeuvring areas, in the interests of highway safety
31.No occupation of any part of the permitted 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 groundwater associated 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 170 and 178), EU Water Framework Directive, Anglian River Basin Management Plan and Environment Agency Groundwater Protection Position Statements (2018).
32.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.
33.Excepting the works to the boundary wall (Estcourt Road and Churchill Road) approved by this planning permission and required by Condition 26 of this permission, and except any like for like repair and replacement of materials, there shall be no other demolition, alteration or other works to the perimeter boundary wall without first obtaining the express written permission of the Local Planning Authority. The reason for the condition is :- For the avoidance of doubt and in the interests of the character and appearance of the local area.
34.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 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 £185.93 per each additional dwelling towards the monitoring and mitigation provided through that Strategy.
35.NOTES - Please read the following notes carefully:- This permission should be read in conjunction with an agreement dated (21st July 2022) made pursuant to Section 106 of the Town and Country Planning Act. The S106 Agreement contains provisions including but not limited to: Affordable Housing , Education financial contribution, long-term management of the Open Space, Sustainable Drainage Systems, and National Site Network designated habitat sites mitigation and monitoring strategy contribution. Informative re street naming - Great Yarmouth Borough Council has a duty to ensure that roads and streets within the Borough are properly named and that the properties fronting onto them are appropriately numbered. Therefore it is essential that once planning permission has been granted, and prior to the completion of development, the developer/owner applies for an official address. This Authority has adopted the legislation set out in sections 17, 18 and 19 of The Public Health Act 1925. In common with most neighbouring local authorities, Great Yarmouth Borough Council is introducing charging for the street naming and numbering of new developments from the 1st January 2020. Charges and more information can be seen on the Council's website here: https://www.great-yarmouth.gov.uk/street-naming-numbering Informative for nesting birds - The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is an offence to remove, damage or destroy the nest of any wild bird while the nest is in use or being built. Planning consent for a development does not provide a defence against prosecution under this act. Trees, scrub, and buildings should be assumed to be used by nesting birds between 1st March and 31st August inclusive, unless a recent survey has been undertaken by a competent ecologist to assess the nesting bird activity on site during this period and has shown it is absolutely certain that nesting birds are not present. Cut vegetation is to be either removed from site or chipped. Piles of brash are not to be stored on site as this provides potential nesting habitat for birds. If piles of brash are left on site during the main breeding bird season these will need to be inspected for active nests prior to removal. Informative on biodiversity net gain - In addition to the two suggested bat boxes to be provided prior to the demolition of the building on site, and in accordance with GeoSphere's letter dated 13/09/21, it is recommended that bird boxes should also be integrated into the new dwellings (bird and bat boxes these should be placed under the apex of the buildings gables to the side of , not directly above windows, bat boxes on plots 16 and 17 bird boxes elsewhere). A biodiversity enhancement plan is conditioned to give details for the location of the bird and bat boxes . It is suggested that as part of this plan, residents are also informed about the potential for badgers to use the site as the badgers may well dig up lawns looking for earthworms and any bulbs residents plant may get eaten. Informative on landscaping scheme - In terms of landscaping plans these should incorporate native species (as per the ecology report) and it is suggested emphasis is given to plants favoured by badgers to mitigate for the reduction in foraging habitat caused by site clearance. There is space around the attenuation basin to incorporate additional planting e.g., of crab apples, apples, plums, and pears. A Landscape and Ecological Management Plan is conditioned to secure to ensure ongoing maintenance. Informative on archaeology condition - In this instance the programme of historic building recording will comprise a photographic survey of the structures for which a brief is available from the Norfolk County Council Historic Environment Team. Please note NCCHET charge for their services. Informative on design for improved security measures - Please have regard to advice from Norfolk Police Designing Out Crime officer dated 29th January 2021.
36.NOTES - Please read the following notes carefully:- 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 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 construction 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, or burial of asbestos, which should instead be removed by an EA licenced waste carrier, and the waste transfer notes retained as evidence.