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 strict accordance with the following plans and details: 8284 P05 rev. A - Site Location Plan, received by the Local Planning Authority on 16 August 2021; 8284 P01 rev. D - Proposed Site Layout Plan, received 16/08/2021; 8284 P02 rev. D - Proposed Floor Plans and Elevations - Plots 1-6, received 16/08/2021; 8284 P03 rev. A - Proposed Floor Plans and Elevations - Plots 7-9, received 17/05/2021; 8284 P04 rev. D - Proposed Street Scene and Roof Plan, received 16/08/2021; Flood Risk Assessment ref. 2700/RE/04-21/01 dated April 2021, received 17/05/2021. The reason for the condition is :- For the avoidance of doubt.
3.The development hereby permitted shall have a finished ground floor level of no less than 0.75m Above Ordnance Datum, and finished first floor level of no less than 3.55m Above Ordnance Datum. The reason for the condition is :- To ensure the development is constructed in the manner proposed to ensure the safety of future residents by providing access to safe refuge areas above the known flood levels.
4.The ground floor areas of the development hereby permitted shall not at any time be used for the purposes of habitable accommodation, including for the purposes of sleeping accommodation, home-working or live-work facilities, or business uses. The reason for the condition is :- To ensure the safety of occupants and users of the site as the property is located within an area at high risk of flooding
5.Part (1) The Flood Mitigation Strategy advanced in the submitted Flood Risk Assessment ref. 2700/RE/04-21/01 dated April 2021 shall be adhered to in totality. The strategy is expected to address the following and full details will be made available to the Local Planning Authority if requested. (a) Construction flood resilience (b) Flood preparation plans (c) Flood Warnings (d) A Flood Emergency Plan PART (2) There shall be no occupation of any dwelling hereby permitted until full details of the Flood Risk Assessment dated April 2021 and, a Water Entry Strategy, and flood preparations, warnings and emergency plans have all first been supplied to each dwelling and occupant. The reason for the condition is :- To ensure that mitigation measures are undertaken and appropriate precautions are in place and available to the occupants of the dwellings as the property is located within an area at high risk of flooding.
6.Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting the Order) no extensions or roof alterations shall be built or windows inserted into the walls or roof of any building including garages and no fences, gates or other means of enclosure shall be erected, other than those depicted on the approved plans, without first obtaining the express written permission of the Local Planning Authority. The reason for the condition is:- In the interests of protecting the residential amenities of the occupiers of adjacent dwellings and the privacy and amenity of visitors, teachers and pupils of the adjacent school.
7.The garages hereby permitted shall only be used for purposes of residential activities within C3 use class, and shall only be used for storage of motor vehicles for domestic uses and storage for domestic use, and shall not at any time be used for business purposes or commercial operations, including live-work functions or associated homeworking. The reason for the condition is :- To prevent harms to residential amenity that might rise from non-residential uses within the garages and to minimise the highways impacts of the development.
8.With the exception of the demolition and clearance of the remaining single-storey flat roofed store building in the north-west corner of the site (as indicated on plan 8284 P04 revision D), there shall be no further development until a scheme detailing how on-site parking for demolition and construction workers shall be provided for the duration of the construction period has first been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented upon commencement of development and the parking area shall be made available and operational throughout the demolition and construction period. The reason for the condition is: - To ensure adequate off-street parking is available during construction in the interests of highway safety.
9.With the exception of the demolition and clearance of the remaining single-storey flat roofed store building in the north-west corner of the site (as indicated on plan 8284 P04 revision D), there shall be no further development hereby permitted until the precise specifications of types, manufacturer and appearance / colours of the materials to be used in the external walls and roofs, doors, windows and garage doors of the development have first been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out using the approved materials. The reason for the condition is :- In the interests of the visual amenities of the area as precise details of the materials have not been submitted.
10.There shall be no commencement of construction of any dwelling within the development hereby permitted until the details of a foul and surface water drainage scheme have first been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be undertaken in accordance with the approved details, which shall be installed and made available for use prior to the first occupation of each dwelling. The reason for the condition is:- To ensure satisfactory drainage arrangements are provided both on and from the site, given that the former use had a lower and different drainage demand to the permitted use and given the constraints of the foul water treatment network in the area, and to avoid problems of pollution of nearby water courses.
11.There shall be no works of construction above foundation or slab level until the details of an external lighting scheme for the rear parking areas and garage forecourt areas within the development hereby permitted has first been submitted to and approved in writing by the Local Planning Authority. The details of the lighting scheme shall include proposed luminaires, any supporting pillars, and details of light intensity and spread using a "isolux" plan, for the purposes of providing safe access and circulation and for reducing the fear of crime within the site. The development shall thereafter be carried out incorporating the approved details. There shall be no occupation of any flat at Plots 7 - 9 and no use of the parking areas until the lighting has first been installed and made operational in full accordance with the details of the approved scheme which shall be maintained as such thereafter. The reason for the condition is:- In the interests of providing safe access and circulation and reducing the fear of crime whilst preserving neighbouring amenity and preventing danger to road users.
12.The second floor bathroom windows to each of Plots 1 - 6 (shown on plan P02 rev.D) and the first floor bathroom windows to each of Plots 7 - 9 (shown on plan P03 rev.A) shall all be fitted with obscure glazing with an obscurity rating of no less than Pilkington Level 5, and shall all be restricted in their opening as casement windows to be limited to a maximum of 25 degrees from the vertical plane. The obscure glazing and restricted opening shall be maintained in perpetuity. The reason for the condition is: - In the interests of protecting future occupants' amenity and the amenity of neighbouring residents and the adjacent school due to the close proximity of residential buildings and of the flats to the rear of the site adjoining the school grounds.
13.Construction work shall not take place outside the following hours:- 08:00 to 18:00 Mondays 08:00 to 18:00 Tuesdays 08:00 to 18:00 Wednesdays 08:00 to 18:00 Thursdays 08:00 to 18:00 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.
14.With the exception of demolition, no development shall commence until a Phase 1 contamination report has first been carried out to assess whether the land is likely to be contaminated, and the results of the investigations submitted to and approved in writing by the Local Planning Authority. The report to be submitted shall also include details of known previous uses and possible contamination arising from those uses. If contamination is suspected to exist, a Phase 2 site investigation is to be carried out to the satisfaction of the Local Planning Authority in consultation with the Environmental Health service. If the Phase 2 site investigation determines that the ground contains contaminants at unacceptable levels then the applicant is to submit a written strategy detailing how the site is to be remediated to a standard suitable for its proposed end-use. This subsequent report shall be submitted to and approved in writing by the Local Planning Authority before the commencement of construction works. No buildings hereby permitted shall be occupied until the remediation works agreed within the scheme have first been carried out to the written satisfaction of the Local Planning Authority, following submission of a remediation verification report. 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.
15.In the event that contamination that was not previously identified is found at any time when carrying out the approved development, it must be reported in writing immediately to the Local Planning Authority. All development shall cease and shall not recommence until: 1) a report has been submitted and agreed in writing by the Local Planning Authority which includes results of an investigation and risk assessment together with proposed remediation scheme to deal with the risk identified and 2) the agreed remediation scheme has been carried out and a validation report demonstrating its effectiveness has been approved in writing by the Local Planning Authority. The reason for the condition is :- To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
16.NOTES - Please read the following notes carefully:- Excavations adjacent to Highway This proposal involves excavations adjacent to the public highway. It is an OFFENCE to carry out any works that may affect the Public Highway, which includes a Public Right of Way, without the permission of the Highway Authority. Please note that it is the applicant's responsibility to ensure that, in addition to planning permission, any necessary consents or approvals under the Highways Act 1980 and the New Roads and Street Works Act 1991 are also obtained from the County Council. Please contact (insert appropriate contact details).
17.The applicant and developer are strongly encouraged to provide electric vehicle charging for all dwellings and the common parking areas within the scheme in order to promote the use of electric vehicles, and facilitate the demand for electric vehicle charging across the lifetime of the development, to assist in the fight against climate change.
18.NOTES - Please read the following notes carefully:- The applicant and developer are strongly encouraged to provide disabled access and adaptability features within all dwellings within the scheme in order to promote the use of dwellings as lifetime homes; a suitable solution would be to achieve the standards set out within part M4(2) of the Building Regulations (as currently drafted).
19.NOTES - Please read the following notes carefully:- Water efficiency standards The applicant and developer are strongly encouraged to provide water use efficiency features within all dwellings within the scheme to help achieve levels of water useage of no more than 110 litres of water per person per day in order to assist in the fight against climate change and address the increased water scarcity across the region.
20.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. Asbestos: The developer must carry out an asbestos survey prior to demolition of the building in order to identify asbestos containing materials (ACMs). The developer has a legal duty to remove most ACMs before demolition and some ACMs must be removed by contractors licensed by the Health and Safety Executive (HSE). If at any stage during demolition asbestos is suspected the work should be stopped and the material investigated. Removal and disposal of asbestos containing materials must be carried out in accordance with HSE Approved Guidance Procedures. 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.
21.REASON FOR APPROVAL OF THE APPLICATION :- The Development Control Committee of the Borough Council has approved this application on the basis that sufficient public benefits way in favour of the development as material considerations which are deemed to outweigh the conflict with the adopted local development plan. Principle amongst these factors are (i) the development provides a beneficial re-use of a vacant brownfield site; (ii) the development will enhance the appearance of the local area by infilling the vacant plot; and (iii) the new housing will offer an important contribution to the housing supply in a sustainable and accessible location.
22.STATEMENT OF POSITIVE ENGAGEMENT: Notwithstanding the concerns behind need for Officers of the Local Planning Authority to originally recommend the application be refused, in dealing with this application the LPA has actively sought to work with the applicant in a positive and proactive manner and offered suggestions to help resolve some of the conflicts with the local development plan before the application was moved to determination. It is confirmed that the shadow Habitat Regulations Assessment (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 whilst 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, it has determined this effect can be adequately mitigated by the Habitats Monitoring and Mitigation Strategy, and that Strategy requires a payment of £110 per each dwelling towards the monitoring and mitigation provided through that Strategy.