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 application form and approved plans received by the local Planning Authority on 24th February 2021 drawing reference: · 20-3222-102-Rev-P2 - Site Plan · ENC/011020.8LLI-TOPO - Topographical Survey and in accordance with the revised plans received by the Local Planning Authority on 21st April 2021 drawing reference: · 20-3222-101-Rev-P4 - Proposed Elevations · 20-3222-100-Rev-P6 - Site Layout Plan and Ground Floor Plan. The reason for the condition is:- For the avoidance of doubt.
3.Notwithstanding the provisions of Schedule 2 Part 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015, as amended (or any Order revoking or re-enacting that Order), the development hereby permitted shall only be used for uses falling within Class E sub class (a) of the Town and Country Planning (Use Classes Order) 1987, as amended (or any Order revoking or re-enacting that Order), namely, for the display or retail sale of goods, other than hot food, principally to visiting members of the public. The reason for the condition is:- The change of use of the application site from providing a community facility as a public house use into a retail store in an out-of-centre location was considered acceptable in large part due to the retail use being able to provide an alternative form of community benefit and a form of retail that can serve the local residential community, so the restriction is imposed to ensure there remains control of the use in the interests of retaining a community benefit and limiting any impacts of an alternative use that might fall within the same commercial use class.
4.The development hereby permitted shall be operated in accordance with the layout and separation of sales floor space area and non-sales floorspace area shown on approved floor plan 20-3222-100-Rev-P6, and there shall be no more than 252sq.m. floorspace used for sales areas. No less than 90% (c. 226 sqm) of the sales floorspace area shall be used for the display and sales of convenience retailing goods, with no more than 10% (c. 25sqm) to be used for display and sales of comparison goods. The reason for the condition is: - The restriction is imposed to ensure that the development provides a complementary function to the nearest defined local centres and avoids an adverse impact on the vitality and viability of other smaller units in the local centres, to ensure that the facility serves the local community, and to avoid the development causing an increase in trips to an out of centre location for the purpose of comparison goods retailing in the interests of safeguarding the retail-led function and character of local centres. The restriction is necessary in the absence of a quantitative assessment of the development's likely impacts on nearby defined local centres, and in accordance with policies CS7 of the Core Strategy and emerging policy R1 of the Local Plan Part 2, and the objectives of the National Planning Policy Framework.
5.Prior to the first use of the development hereby permitted the proposed access, on-site car and cycle parking, servicing/loading/unloading and turning 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 areas, in the interests of satisfactory development and highway safety.
6.Prior to the first use of the development hereby permitted visibility splays measuring 2.4 metres x 43 metres shall be provided to each side of the access where it meets the near edge of the adjacent highway carriageway. The splays shall thereafter be maintained at all times 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 in accordance with the principles of the NPPF.
7.The proposed parking area as shown on approved plan 20-3222-101-Rev-P6 shall be available for public use for up to 2 hours free car parking at any time during the opening hours of the retail facility hereby approved. The car parking shall be made available to the public regardless of patronage within the retail store the subject of this permission. There shall be no use of the development hereby permitted until a car parking management plan has first been submitted to and approved in writing by the Local Planning Authority, to demonstrate how the car parking will be operated. The car park areas shall thereafter be operated in accordance with the details as approved. The reason for the condition is :- The application was considered able to be approved in an out-of-centre location in large part because of the benefits that the store should be able provide and the measures available to improve links and accessibility to the nearby local centre. The condition is imposed to ensure that the retail facility hereby approved can play a complementary role to the nearby defined local centre, and to minimise the impacts of any loss of parking currently available to the local centre, and to assist in ensuring the retail-led function of the nearby local centre is maintained and to ensure the vitality and viability of the local centre is enhanced given the convenient accessibility between the application site and the defined local centre, as expected by adopted policy CS7 of the Core Strategy and emerging policy R1 of the Local Plan Part 2, and to minimise the impacts of local highways safety and free flow of traffic in the event that on street.parking for the local centre would have to increase.
8.There shall be no deliveries made to the site nor dispatches made from the site outside the hours of: · 07:00 to 19:00 hours on Mondays to Fridays; · 08:00 to 14:00 hours on Saturdays; and, · 09:00 to 14:00 hours on Sundays, Public Holidays or Bank Holidays The reason for the condition is :- To minimise noise and disturbance associated with the delivery and manouvering of stock within the sure, in the interests of the residential amenities of the occupiers of nearby dwellings.
9.The development hereby permitted shall not be open to the public nor operational outside the hours of: · 06:00 to 23:00 hours on Mondays to Fridays; · 06:00 to 23:00 hours on Saturdays; and, · 07:00 to 22:00 hours on Sundays, Public Holidays or Bank Holidays The reason for the condition is :- In the interests of the residential amenities of the occupiers of nearby dwellings.
10.Before any air cooling or conditioning units are used on the premises, they shall be enclosed with sound-insulating material and mounted in such a way which will minimise transmission of structure borne sound in accordance with a scheme to be approved in writing by the local planning authority. The reason for the condition is :- In the interests of the residential amenities of the occupiers of nearby dwellings by ensuring appropriate noise levels.
11.No external lighting shall be erected unless full details of its design, location, orientation and level of illuminance (in Lux) provided have first been submitted to and agreed in writing with the Local Planning Authority. Such lighting shall be kept to the minimum necessary for the purposes of security and site safety and shall prevent upward and outward light radiation. The lighting shall thereafter be implemented in accordance with the approved details and shall be retained as such thereafter. The reason for the condition is: - In the interests of highway safety and the residential amenities of the occupiers of near by dwellings.
12.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.