Great Yarmouth Borough Council Portal
No.Condition Text
1.The development herby permitted 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.Except where otherwise stipulated by conditions attached to this permission, the development hereby permitted shall be carried out in strict accordance with the application form and the following approved plans and details: - Site Location Plan ref: 001 Revision P02, received by the Local Planning Authority on 19 March 2021, and, - Proposed Site Layout ref: 003 Revision P05, received by the Local Planning Authority on 29 April 2022. The submitted plan labelled as 'Multi-User Energy Sector Facility: Split of Works for Cost Plan' received on 03 May 2022 shall hereinafter within this permission be referred to only as the 'Submitted Phasing Plan' and shall be used only for the purposes of identifying: - the areas of development works hereby approved as identified in Yellow and labelled as 'Public Sector Funded Works'; and, - the areas where development has not been permitted other than as 'Temporary Works Areas for construction' as shown on the Proposed Site Layout drawing ref: 003 Revision P05', as identified in either Blue and labelled as 'Developer Funded Works Phase 1' or in Green and labelled as 'Developer Funded Works Phase 2'. These areas coincide with the permission area defined by the site location plan but is in all other respects indicative only. The reason for the condition is :- For the avoidance of doubt.
3.The development hereby permitted, and developments undertaken consequential to this permission within the land identified within the red line boundary shown within approved Site Location Plan 001 Rev P02, shall be restricted to those activities serving and relating to port-based operations and off-shore renewable energy sector activities only, unless any variation thereof is first granted express written permission by the Local Planning Authority. The reason for the condition is :- For the avoidance of doubt and to ensure the local planning authority retains control over the land within the identified application site, which is identified as being necessary to serve the renewable energy and off-shore maintenance sector within the adopted local development plan.
4.Notwithstanding the provisions within Part 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting the Order) there shall be no use of buildings or land developed within the application site or pursuant to this permission for purposes other than for activities serving and relating to port-based operations and off-shore renewable energy sector activities, and there shall be no change of use to any other purposes whatsoever without the prior express written permission first being granted by the Local Planning Authority. The reason for the condition is:- In the interests of ensuring the Local Planning Authority retains control over the land within the identified application site, which is identified as being necessary to serve the renewable energy and off-shore maintenance sector within the adopted local development plan.
5.The 'Public Sector Funded Works' areas, identified by Condition 2 of this permission and comprising only the access road, 2no. external storage areas, and parking area, shall be developed in strict accordance with the following criteria for the disposal of surface water: The strategy for the disposal of surface water shall be implemented and undertaking in accordance with the following approved details: - Drainage Strategy and Technical Note authored by WSP, ref: (not provided), Revision C and dated 7th June 2022; and associated drawings dated July 2022: - 79505-WSP-XX-ZZ-DR-CV-501 revision C02 - Proposed Foul and Surface Water Drainage (Sheet 1 of 3), - 79505-WSP-XX-ZZ-DR-CV-502 revision C01 - Proposed Foul and Surface Water Drainage (Sheet 2 of 3), - 79505-WSP-XX-ZZ-DR-CV-503 revision C01 - Proposed Foul and Surface Water Drainage (Sheet 3 of 3), as received by the Local Planning Authority on 23 July 2022. For the avoidance of doubt, the scheme shall ensure that surface water from the access road, 2no. external storage areas, and parking area within the development site shall be directed to the public sewer network for appropriate contamination removal and treatment prior to discharge. The development shall thereafter be undertaken in strict accordance with the approved details, which shall be installed and made available for use prior to the first use of the development hereby permitted. The surface water drainage scheme shall thereafter be maintained and retained as such thereafter. The reason for the condition is:- (1) To ensure that the principles of sustainable drainage are incorporated into this proposal, to ensure that the proposed development can be adequately drained in line with Section 169 of the NPPF, and, (2) To ensure satisfactory drainage arrangements are provided within the site relevant to the proposed uses and future development of the site which will likely present a risk of contamination to internationally protected wildlife and habitat sites, and so the drainage scheme is necessary to the mitigations of the development to ensure no likely risk of detrimental ecological impact, as required by the Habitats Regulations. This is a pre-commencement condition to ensure that the mitigations are secured prior to the impacts being created.
6.There shall be no installation of any surfacing or hardstanding within the areas referred to as 'Temporary works areas for construction' as shown on the Proposed Site Layout drawing ref: 003 Revision P05 until the details of surfacing or hardstanding and details of appropriate surface water drainage for those areas have first been submitted to and approved in writing by the Local Planning Authority. The surfacing or hardstanding and drainage in the areas titled 'Temporary works areas for construction' shall thereafter be installed in accordance with the approved details. The reason for the condition is:- To ensure satisfactory drainage arrangements are provided within the site, as the proposed uses and future development of the site will include uses that present a risk of contamination to internationally protected wildlife and habitat sites use, and the drainage scheme is necessary to the mitigations of the development to ensure no risk of detrimental impact thereto, as required by the Habitats Regulations.
7.The development hereby permitted shall be limited to providing no more than 64 permanent car parking spaces within the application site boundary at any time. The reason for the condition is:- For the avoidance of doubt and to ensure the transport impacts of the development are limited to those presented and assessed within the application, and to promote sustainable forms of transport where possible.
8.The development hereby permitted shall not be brought into use until a flood warning and evacuation strategy for the development hereby approved has first been submitted to and approved in writing by the Local Planning Authority. The details shall provide information to demonstrate how flood risk will be brought to the attention of site users and occupants, and shall include appropriate monitoring and warning systems, evacuation procedures and escape routes. The approved information shall thereafter be disseminated to all users and occupants, and escape routes and evacuation areas shall be retained as such. The reason for the condition is:- To ensure the development is made safe in the event of flooding as the site is in a high flood risk area.
9.With the exception of use of the Temporary Works Area for purposes of constructing the development hereby permitted, there shall be no development undertaken within the areas identified as Phase 1 or Phase 2 and shown Blue or Green on the 'Submitted Phasing Plan' [as referred to in Condition 2 of this permission] until the details of a scheme of flood risk mitigation and protection measures for the whole of the application site defined by the red line boundary on Site Location Plan ref: 001 Revision P02, has first been submitted to and approved in writing by the Local Planning Authority. The details shall have regard to the flood risk of the site and the uses proposed within the extent of the application site boundary, shall include details to identify flooding flow paths and storage or dispersal areas, and shall ensure that no flood risk is increased to areas beyond the application site boundary. The reason for the condition is:- The development works hereby approved are limited in their extent and no details have been provided to show how the application site will be developed in the future pursuant to the works to be undertaken in accordance with this permission, and as such the condition is necessary to ensure a coherent flood protection system is understood and available to guide future developments within the application site, to ensure that the planning of future developments is made safe in the event of flooding as the site is in a high flood risk area.
10.With the exception of use of the Temporary Works Area for purposes of constructing the development hereby permitted, there shall be no development undertaken within the areas identified as Phase 1 or Phase 2 and shown Blue or Green on the 'Submitted Phasing Plan' [as referred to in Condition 2 of this permission] until the details of a Flood Warning and Evacuation Strategy for the whole of the application site defined by the red line boundary on Site Location Plan ref: 001 Revision P02, has first been submitted to and approved in writing by the Local Planning Authority. The details shall provide information to demonstrate how flood risk will be brought to the attention of site users and occupants across the application site, with appropriate monitoring and warning systems, evacuation procedures and escape routes across the application site. The reason for the condition is:- The development works hereby approved are limited in their extent and no details have been provided to show how the application site will be developed in the future pursuant to the works to be undertaken in accordance with this permission, and as such the condition is necessary to ensure a coherent flood warning and evacuation system is understood to be possible and available, to guide future developments within the application site, to ensure that the planning of future developments is made safe in the event of flooding as the site is in a high flood risk area.
11.No parts of the development hereby permitted shall be brought into use until the details of a scheme for the disposal of any foul water from that part of the development has first been submitted to and approved in writing by the Local Planning Authority. This shall apply to any development within the whole of the application site defined by the red line boundary on Site Location Plan ref: 001 Revision P02, where foul drainage is included. The details of the scheme shall demonstrate that foul water from the activities within the application site will be able to be directed to the public sewer network for appropriate treatment. The reason for the condition is:- The development works hereby approved are limited in their extent and no details have been provided to show how the application site will be developed in the future pursuant to the works to be undertaken in accordance with this permission, and as such the condition is necessary to ensure a coherent drainage scheme system is understood to be possible and available for future developments. Such details are necessary to ensure satisfactory foul drainage arrangements are able to be provided across the application site, to ensure that future developments address the risk of contamination to internationally protected wildlife and habitat sites in the vicinity, as the drainage scheme is necessary to the mitigations of the development to ensure no risk of detrimental impact thereto, as required by the Habitats Regulations.
12.No works of excavation or construction of the replacement sea wall and quay heading in the areas referred to as 'Enhanced Berth 1 for Crew Transfer Vessels (CTVs) and Operational Vessels' and 'Additional pontoon facilities for smaller CTVs' on the Proposed Site Layout drawing ref: 003 Revision P05, shall be undertaken until precise details of the works to the sea wall and quay and details of piling works or foundations thereto have first been submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved details. The reason for the condition is:- To ensure appropriate construction to minimise disruption to vessels, flood risk protection, and in the interests of protection of the marine environment, protected species and protected waters. Note to applicant - the developer is reminded that statutory consultees the Environment Agency recommend the use of vibro-piling as their preferred approach, and if not possible it is recommended to consider soft-start piling.
13.No works of piling associated with the construction of the sea wall and quay heading works referred to in Condition 12, or other shoreline activities, shall take place until a suitably qualified Ecological Clerk of Works (ECoW) has first been appointed to oversee all works associated with the sea wall and shoreline activities and ensure particular focus is given to minimising potential impacts on tern species (Common Tern Sterna hirundo and Little Tern Sternula albifrons) and marine mammals. The role of the ECoW shall be to ensure that the development works adhere to the following measures: - Regarding tern species, should works occur between 1st April and 31st July then the ECoW shall monitor all areas within 200m of the works area for one week prior to any sea wall and shoreline works commencing; - In the event that more than 10 individual terns are found to be utilising the defined survey area on more than 1 day then Natural England shall be consulted on appropriate remedial action. Sea wall and shoreline works shall thereafter cease until appropriate remedial action has been agreed and implemented in accordance with Natural England recommendations; and, - Regarding marine mammals, the ECoW shall carry out observations 30 minutes prior to any percussive piling being undertaken to ensure that there are no marine mammals within 500m of the proposed works. All percussive piling works associated with the sea wall and quay construction shall cease and be avoided when marine mammals are present within 500m of the piling activity. The reason for the condition is:- To ensure appropriate protections are in place during construction activities.
14.Part (a) - No works of excavation or construction of the replacement sea wall and quay heading in the areas referred to referred to in Condition 12 shall be undertaken until the details of a scheme to protect the marine waters adjoining the site and watercourses within the site has first been submitted to and approved in writing by the Local Planning Authority. The details shall include a method statement and materials management plan, to be prepared in accordance with the principles set out within the submitted Construction Environmental Management Plan (notably sections 6.3 and 6.8). Thereafter, the development shall be carried out in accordance with the approved details. Part (b) - No works of site clearance or construction within the development hereby permitted shall commence until the site has first been surveyed by a qualified Ecologist for the purpose of identifying nesting birds and protected species within or adjoining the site. Where such birds or species are found, appropriate mitigation measures shall be installed to avoid disturbance, or to provide relocation as appropriate. Areas within the application site which are not subject to development works within this permission shall be protected by the installation of an appropriate development exclusion zone, and shall not be used for the purposes of storage, parking or other activities associated with construction of operation of the development hereby permitted. Part (c) - The development hereby permitted shall be undertaken to include the biodiversity mitigation measures set out within the application, in strict accordance with the measures presented within Table 6-2 of the Construction Environment Management Plan (CEMP) (dated May 2021), including: pollution prevention measures, noise disturbance measures, air quality, sedimentation and breeding bird protection measures. Where breeding bird and marine mammal checks are proposed in the CEMP these shall be undertaken and submitted to the Local Planning Authority within 1 month of the completion of each survey. The reason for the condition is:- To ensure appropriate ecological and habitat protections are in place during construction activities.
15.The development hereby permitted shall not be brought into use (with the exception of the temporary construction use of the Temporary Works Areas shown on Site Layout Plan ref: 003 revision P05) until the details of a scheme for the provision of biodiversity enhancement within the application site defined by the red line boundary on Site Location Plan ref: 001 Revision P02, have first been submitted to and approved in writing by the Local Planning Authority. For the avoidance of doubt this may also include areas shown identified as Blue or Green on the Submitted Phasing Plan (as defined by Condition 2). The details of the scheme shall include as a minimum: - A survey and plan of the entire application site which identifies appropriate areas which shall be protected as safeguarded areas for ground nesting birds, especially skylark; - Mitigation measures to compensate for areas where ground nesting has been identified to take place or which is appropriate for ground nesting but where development works are approved by this permission; - A proposed grassland management plan to promote ground nesting conditions away from development works; - Ground nesting areas allocation and restoration; - Compensatory nest boxes for Black Redstart; and, - Additional site-wide biodiversity enhancement measures (such as bird boxes and bat roosts, tree and hedge planting); and, - A scheduled plan and timescale detailing programmed provision of the ecology and biodiversity features; and, - A maintenance and management schedule for the provision and retention of proposed ecology features. For the avoidance of doubt, the measures proposed shall include the recommendations set out in the submitted and approved Black Redstart Report (2021) along with a full Landscape Plan to detail the creation / provision of grassland nesting habitat. With the exception of the temporary use of the Temporary Works Areas there shall be no use of the development hereby approved until the approved ecological and biodiversity enhancement features to be provided within that area shown Yellow on the Submitted Phasing Plan have first been implemented in accordance with the timescales detailed therein, and maintenance and management shall commence upon their installation. The features shall be retained as such thereafter. Future developments proposed within the areas shown Blue or Green on the Submitted Phasing Plan shall be designed and planned to incorporate as a minimum the range of ecological and biodiversity enhancement features approved by this condition, unless otherwise first agreed in writing by the Local Planning Authority in consultation with Natural England. The reason for the condition is:- To ensure appropriate ecological and biodiversity enhancements are provided in a manner appropriate to the context of the site, and to mitigate the potential loss of habitat and impacts on existing nesting areas and features within the site, in order to minimise the effects on species within designated wildlife sites.
16.The development hereby permitted shall not be brought into use until the details of a scheme that considers how landscaping can be provided within the whole of the application site defined by the red line boundary on Site Location Plan ref: 001 Revision P02has first been submitted to and approved in writing by the Local Planning Authority. The details shall provide information to demonstrate how landscaping features can be incorporated within developments undertaken subsequent to the works approved by this permission, across the remainder of the application site. The reason for the condition is:- The development works hereby approved are limited in their extent and no details have been provided to show how the application site will be developed in the future pursuant to the works to be undertaken in accordance with this permission, and as such the condition is necessary to ensure there are opportunities to provide landscaping within the wider development of the application site and to understand what features are possible and able to be included within the application site, in order to guide future developments within the application site, to ensure that the planning of future developments is able to provide landscaping features and associated consequential ecological and biodiversity enhancements.
17.Construction work related to the development works hereby permitted shall not take place outside the following hours unless exceptional circumstances require any variations which shall be agreed in writing by the Borough Council in advance:- 07:30 to 18:00 Monday - Friday; 08:00 to 13:00 Saturday; and no work shall take place on Sundays, Public 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 protection of residential amenity.
18.There shall be no commencement of the development hereby permitted until the details of a Construction Traffic Management Plan (CTMP) have first been submitted to and approved in writing by the Local Planning Authority. The approved Construction Traffic Management Plan shall thereafter be implemented for the duration of the construction works. The reason for the condition is :- In the interests of the protection of residential amenity, the free flow of traffic and to minimise disruption to nearby businesses.
19.The development works hereby permitted shall be carried out in accordance with the Construction Environmental Management Plan detailed within Appendix 1.5 of the submitted and approved Environmental Statement, except where otherwise stipulated by conditions attached to this permission. The reason for the condition is :- In the interests of the protection of residential amenity, to minimise disruption to nearby businesses, and to minimise risks of airborne pollution affecting protected wildlife sites.
20.With the exception of site clearance, no development works shall commence until a Phase 1 contamination report has first been carried out, within the areas subject to the development works hereby permitted, sufficient to assess whether the land is likely to be contaminated, and the results of the investigations shall be 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.
21.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.
22.The existing turning head on South Denes Road shall remain available for use and shall not be removed until the following details have first been submitted to and approved in writing by the Local Planning Authority: i. Confirmation that the process of a Traffic Regulation Order (TRO) to stop up the highway has been started; ii. Confirmation of the intended extent of adoptable highway; iii. Construction details of the extended roads, which shall demonstrate the ability to be built to adoptable standard; and, iv. Indicative design for a new turning head to be provided at the end of the newly-extended adopted highway area. South Denes Road shall remain open until the proposed turning head shown on the Proposed Site Layout drawing has been constructed and made available for use. The reason for the condition is :- In the interests of highways safety, to ensure that highways access is maintained to a safe standard and that future access is constructed to appropriate standards.
23.No works of construction of the road in the area referred to as 'Proposed road construction' shown on the Proposed Site Layout drawing ref: 003 Revision P05 shall take place until precise details of the following designs have first been submitted to and approved in writing by the Local Planning Authority: i. Construction details of the road with a permanent continuous 3.0m wide footpath and shared cycleway along one side of the new road; ii. Details of a temporary safe pedestrian route alongside the road for use until such time as the path is provided; iii. Details of a phasing plan for footpath provision; iv. Details to show how provision will be made to enable future footpath links along South Denes Road to connect with the application site; and v. Details to show how provision will be made to enable future public transport connections into the site; and, vi. A phasing plan or timetable for the provision of the road and permanent shared footpath facility, coincident with future developments within the application site undertaken pursuant to the development works approved within this permission. Thereafter, the proposed road construction shall be carried out in accordance with the approved details including the provision of the footpath facilities to the timescale or phasing agreed therein. The reason for the condition is :- In the interests of highways safety, to ensure that highways access is maintained to a safe standard and that future access is constructed to appropriate standards.
24.No works of installation or construction of the substation shown on the Proposed Site Layout drawing ref: 003 Revision P05 shall take place until precise details of the design of the substation and screening enclosure have first been submitted to and approved in writing by the Local Planning Authority. Thereafter, the sub-station shall be installed in accordance with the approved details. The reason for the condition is :- In the interests of visual amenity within the site.
25.The areas referred to as 'Temporary works areas for construction' shown on the Proposed Site Layout drawing ref: 003 Revision P05 shall only be used for the purpose of constructing the development hereby permitted within the area shown identified Yellow and labelled as 'Public Sector Funded Works' on the Submitted Phasing Plan, and the use of the area for temporary works shall cease upon the culmination of construction works in the same area and first use of each part of the development hereby permitted. Any associated apparatus, materials, storage, temporary facilities and groundworks undertaken associated with the construction stage of this development shall be removed from the site and the land shall be restored to its former condition within 28 days of the practical completion or first use of the relevant parts of the development hereby permitted. The reason for the condition is :- In the interests of ensuring the local planning authority retains control over the land within the identified application site and to avoid the areas being considered unavailable for development if the site is not cleared promptly, as the land is identified as being necessary to serve the renewable energy and off-shore maintenance sector within the adopted local development plan, and to ensure the use of the areas is appropriate and temporary in the interests of visual amenity, impacts on the conservation areas in the vicinity of the site, and to ensure the impacts of the development are understood and commensurate to the environmental and ecological mitigations provided within the application.
26.Part (a) - There shall be no use of the areas referred to as 'Permanent Storage Areas' as shown on the Proposed Site Layout drawing ref: 003 Revision P05 until a schedule of the proposed uses for the storage areas has first been submitted to and approved in writing by the Local Planning Authority. The areas shall thereafter be used only in accordance with the approved use schedule. Part (b) - Notwithstanding the provisions within Part 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting the Order) there shall be no use of the external storage area land for any purpose whatsoever other than those purposes set out within the approved storage use schedule to be approved by part (a) of this conditions, without the prior express written permission first being granted by the Local Planning Authority. The reason for the condition is:- In the interests of ensuring the local planning authority retains control over the land within the identified storage areas site, which is identified as being necessary to serve the renewable energy and off-shore maintenance sector within the adopted local development plan, and to ensure appropriate protections from contaminants and activities which may present a hazard.
27.The external storage areas referred to as 'Permanent Storage Areas' as shown on the Proposed Site Layout drawing ref: 003 Revision P05 shall not be brought into use and no structures shall be erected within them, nor shall facilities be installed on the land, until the details of how materials would be appropriately secured and contained within the areas, and the details of the structures used including siting and heights of the containing structures, have first been submitted to and approved in writing by the Local Planning Authority. The details shall have regard to the need to minimise visual impacts on the nearby conservation areas to the south and west of the proposed storage areas. No materials shall be stored loosely within the area without containment. Thereafter, storage in the external storage areas shall only be carried out in accordance with the approved details. The reason for the condition is:- In the interests of the visual amenity of the area, and to ensure appropriate protections from contaminants and activities which may present a hazard or contamination risk if stored without containment.
28.With the exception of the temporary use of the Temporary Works Areas for the purposes limited by Condition 25, there shall be no external storage undertaken within the application site other than in the areas referred to as 'Permanent Storage Areas' as shown on the Proposed Site Layout drawing ref: 003 Revision P05 and for the purposes limited by Condition 26 unless otherwise first agreed in writing by the Local Planning Authority. The reason for the condition is:- In the interests of ensuring the local planning authority retains control over the land within the identified storage areas site, which is identified as being necessary to serve the renewable energy and off-shore maintenance sector within the adopted local development plan, and to ensure appropriate protections from contaminants and activities which may present a hazard.
29.The construction and operation of the development hereby permitted shall be carried out in accordance with and to include the monitoring measures proposed in the document titled 'Great Yarmouth Port - Operations And Maintenance Facility Environmental Statement Volume 1: Main Text and Figures'. The reason for the condition is:- In the interests of the proper planning of the area, to understand the impacts of the development and the effectiveness of the mitigations associated with the project, and to ensure appropriate understanding of the impacts of the development in the consideration of future applications for development in the wider application site area and continued construction of the operations and maintenance campus facility.
30.There shall be no use of the replacement sea wall and/or pontoons for berthing of ships, including maintenance or crew transfer vehicle vessels, until the details of a Port Traffic Management Plan have first been submitted to and approved in writing by the Local Planning Authority. The details of the Plan shall include: - Where possible Port Traffic shall seek to avoid servicing and development of off-shore energy parks during the over winter period of 1st Nov - 31st March; - Port Traffic operators shall select routes that avoid known aggregations of birds; - Port Traffic operators shall restrict (to the extent possible) their vessel movements to existing navigation routes (where the densities of red throated and other diver birds are typically relatively low); - Port Traffic operators shall maintain direct transit routes wherever possible, to minimise transit distances through areas used by diving birds; - Port Traffic operators shall be asked to commit to a Code of Practice to be adopted across the Operations And Maintenance Facility to ensure that all vessel operators restrict their activities where feasible and practicable to those identified within a Preferred Vessel Routing Plan; - Vessels shall avoid over-revving of engines, to minimise noise disturbance; and, - Port Traffic operators shall instigate and maintain briefings for vessel crews about the purpose and implications of these vessel management practices (through, for example, use of tool-box talks and staff training); and, - Proposals for the continued review and revision and updating of the port Traffic Management Plan based on data and monitoring collected through the Port Traffic Monitoring Scheme required by Condition 31 of this permission. The Port Traffic Management Plan shall thereafter be provided to all operators of vessels using the Operations and Maintenance Facility within the application site red line boundary. The Port Traffic Management Plan shall be revised consequent to the updated required by the Port Traffic Monitoring Scheme and revised versions of the Port Traffic Management Plan shall thereafter be provided to all operators of vessels using the Operations and Maintenance Facility. The reason for the condition is:- In the interests of the proper planning of the area, to understand the impacts of the development and the intensity and nature of the impacts of the vessels and marine transport routes, frequencies and volumes associated with the development and with the wider Facility project that these permitted works enable. This is necessary to ensure appropriate understanding of the consequential impacts of the development on protected or vulnerable marine wildlife and to understand if adaptations to operations or mitigations may be necessary through partnership between operators and nature protection bodies.
31.There shall be no use of the replacement sea wall and/or pontoons for berthing of ships, including maintenance or crew transfer vehicle vessels, until the details of a Port Traffic Monitoring Scheme has first been submitted to and approved in writing by the Local Planning Authority. The details of the Plan shall include: (a) A proposed system of monitoring of all vessel activities taking place from the Operations And Maintenance Facility, to include collection of data for: - all vessel transport routes undertaken to, from or via the Operations And Maintenance Facility; - frequency of vessel trips to, from or via the Operations And Maintenance Facility; - times, dates and seasonal patterns of use of vessels operating to, from or via the Operations And Maintenance Facility; - all vessel sizes and types, and their purposes, operating to, from or via the Operations And Maintenance Facility. (b) After 12 months of vessel operations, a plan for identifying an Interim Preferred Vessel Routeing Plan to be developed in partnership with marine operators and Natural England, the details of which shall seek to identify preferred corridors of movement for marine vessels to operate within, to avoid or where possible minimise impacts on marine seabirds or other vulnerable species, and shall include details of proposed seasonal variations or operational requirements as informed by the data collected pursuant to part (a) of this condition. (c) After 12 months of vessel operations, a plan for implementing a Revised Preferred Vessel Routeing Plan, setting out an updated corridor or movement for all vessel operators to observe (where feasible and practicable) to be updated as informed by the data collected pursuant to part (a) of this condition, to be provided in accordance with the following timescales: (i) after 36 months / 3 years of operation, creating a Year 3 Revised Preferred Vessel Routeing Plan, (ii) after 5 years of operation, creating a Year 5 Revised Preferred Vessel Routeing Plan, and, (iii) after 8 years of operation, creating a Year 10 Revised Preferred Vessel Routeing Plan. The operation and management of the Operations And Maintenance Facility shall continue to monitor the activities of the vessels using the Facility, in accordance with the details of the Port Traffic Monitoring Scheme, and the data collected by the site management and operators shall be retained and made available for inspection and collation by officers of the Local Planning Authority and/or Natural England upon reasonable request at any time in perpetuity. The Operations And Maintenance Facility shall thereafter be managed in accordance with the Port Traffic Monitoring Scheme and Port Traffic Management Plan and appropriate revisions thereof. The reason for the condition is:- In the interests of the proper planning of the area, to understand the impacts of the development and the intensity and nature of the impacts of the vessels and marine transport routes, frequencies and volumes associated with the development and with the wider Facility project that these permitted works enable. This is necessary to ensure appropriate understanding of the consequential impacts of the development on protected or vulnerable marine wildlife and to understand if adaptations to operations or mitigations may be necessary through partnership between operators and nature protection bodies.
32.There shall be no use of either of the two External Storage Areas hereby approved until the details of how a bunded area for storage of any chemicals and fuels and appropriate pollution prevention control measures at each External Storage Area have first been submitted to and approved in writing by the Local Planning Authority. The details to be submitted shall ensure that the bunds will contain any spillage within the storage area, which shall also include spill kits. The details shall ensure there is a cut-off valve proposed to be installed in the last manhole of the surface water drainage system before the system connects to the combined sewer, such that if a spillage occurs on the external storage hardstanding area(s), this shut-off valve can be closed and the spilled chemical contained within the pipe system until it can be pumped out and disposed of accordingly. The details shall include a spillage action plan and remediation scheme accordingly. There shall be no use of the External Storage Areas for storing chemicals and / or fuels until the bunding and pollution prevention control measures have first been installed in accordance with the approved details, and the Spillage Action Plan implemented and made operational. The reason for the condition is:- In the interests of the protection of the environmental assets of the site, aquifers, and adjoining lands and marine / estuary environment to provide safeguarding in the event of accidents, and in the interests of minimising the spread of contamination to prevent an impact on national and internationally designated wildlife sites.
33.There shall be no commencement of the use of the development hereby permitted until full details of the maintenance and management of the strategy for the disposal of surface water on the site (see Condition 5 of this permission) have first been submitted to and approved in writing by the LPA. The strategy shall be implemented and thereafter managed and maintained in accordance with the approved details. The reason for the condition is:- To ensure clear arrangements are in place for ongoing operation and maintenance of the disposal of surface water drainage.
34.With the exception of temporary works for purposes of constructing the development hereby permitted as allowed by this permission, there shall be no commencement of any development within either the 'Developer Funded Works Phase 1' area, or the 'Developer Funded Works Phase 2' area, as identified by Condition 2 of this permission, until a strategy for surface water drainage and disposal of those areas has first been submitted to and approved in writing by the Local Planning Authority. The drainage strategy shall have regard to the scheme set out within the approved documents: Drainage Strategy and Technical Note authored by WSP, ref: (not provided), Revision C and dated 7th June 2022; and associated drawings dated July 2022: 79505-WSP-XX-ZZ-DR-CV-501 revision C02, 79505-WSP-XX-ZZ-DR-CV-502 revision C01, and 79505-WSP-XX-ZZ-DR-CV-503 revision C01 - Proposed Foul and Surface Water Drainage (Sheets 1-3), as received by the Local Planning Authority on 23 July 2022. The scheme shall address the following matters: (I). For each future development plot surface water runoff rates (excluding roof water which will be discharged to sea uncontrolled) will be attenuated to 3l/s where they connect to the new access road drainage system, as stated within drawing ref 79505-WSP-XX-ZZ-DR-CV-503 Rev C01 by WSP and dated July 2022 (II). Provision of surface water attenuation storage, sized and designed to accommodate the volume of water generated in all rainfall events up to and including the critical storm duration for the 1% annual probability rainfall event including allowances for climate change. In the event that there are no buildings proposed within the NE Plot from which clean roof water could be discharged to watercourse, and the whole of the site is to be discharged to sewer, a minimum storage volume of 1440m3 will be provided for the NE Plot and a combined 716 + 480m3 for the South Plot in line with drawing ref 79505- WSP-XX-ZZ-DR-CV-503 Rev C01 by WSP and dated July 2022 unless otherwise first agreed in writing with the Local Planning Authority in consultation with the Lead Local Flood Authority. (III). Detailed designs, modelling calculations and plans of the of the drainage conveyance network in the: - 3.33% + CC annual probability critical rainfall event to show no above ground flooding on any part of the site; and, - 1% annual probability critical rainfall plus climate change event, to show, if any, the depth, volume and storage location of any above ground flooding from the drainage network ensuring that flooding does not occur in any part of a building or any utility plant susceptible to water (e.g. pumping station or electricity substation) within the development. (IV). The design of any attenuation system will incorporate an emergency spillway and any drainage structures shall include appropriate freeboard allowances. 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: - a. Projected flooding from the drainage system during 100yr+CC event. b. Rainfall events in excess of 1% annual probability rainfall event or a blockage. No exceedance flows should leave the site up to and during 1%+CC annual probability rainfall event. (V). Finished ground floor levels of properties are a minimum of 300mm above expected flood levels of all sources of flooding (including the ordinary watercourses, SuDS features and within any proposed drainage scheme) or 150mm above ground level, whichever is the more precautionary. (VI). Details of how all surface water management features to be designed in accordance with The SuDS Manual (CIRIA C753, 2015), including appropriate treatment stages for water quality prior to discharge. (VII). A maintenance and management plan detailing the activities required and details of who will adopt and maintain the all the surface water drainage features for the lifetime of the development. The reason for the condition is:- (1) To prevent flooding in accordance with National Planning Policy Framework paragraph 167,169 and 174 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. (2) To ensure satisfactory drainage arrangements are provided within the site relevant to the proposed uses and future development of the site which will likely present a risk of contamination to internationally protected wildlife and habitat sites, and so the drainage scheme is necessary to the mitigations of the development to ensure no likely risk of detrimental ecological impact, as required by the Habitats Regulations.
35.NOTE - Advice re: Surface Water Drainage Scheme requirements The applicant and developer are advised that a final Surface Water Drainage Scheme for the wider Marine Base still requires full agreement with the Lead Local Flood Authority (note condition 34). The details provided within Technical Note document version: Revision C (received 23rd July 2022) and the plans received by the Local Planning Authority on 23rd July 2022, as listed at Condition 5 of this permission, have provided suitable details for the access road and external storage areas only, but full details for the layout beyond those areas must be subject to further agreement. The principles and expected discharge flow rates are nevertheless established within the Technical Note.
36.NOTE - Advice re Red Throated Diver protocol The applicant and developer are advised that a Red Throated Diver Protocol would be a helpful feature within the creation of a Port Traffic Management Plan (Condition 30), and in the monitoring of a vessel shipping route monitoring scheme (Condition 31). The Marine Management Organisation has previously been advised by Natural England that a Red Throated Diver Vessel Best Practice Protocol should include the following vessel movement requirements: - Where possible avoid works during the over winter period 1st Nov - 1 st March - Select routes that avoid known aggregations of birds; - Restricting (to the extent possible) vessel movements to use existing navigation routes (where the densities of red throated divers are typically relatively low); - Maintain direct transit routes (to minimise transit distances through areas used by red throated divers); - Avoid over-revving of engines (to minimise noise disturbance); and, - Brief vessel crews on the purpose and implications of these vessel management practices (through, for example, tool-box talks).
37.NOTE - Advice re: Surface Water Drainage Scheme construction and design In respect of Conditions 5 and 34, the Lead Local Flood Authority provides the following advice: The LLFA recommends that all ground levels should slope away from proposed buildings to avoid surface water ponding against thresholds. The LLFA recommends that a geotechnical engineer assesses any potential problems associated with high water table and hydraulic uplift on any of the large underground attenuation devices, given the proximity to the estuary. Further guidance on the information required by the LLFA from applicants can be found at https://www.norfolk.gov.uk/rubbish-recycling-and-planning/flood-and-water-management/information-for-developers.