Great Yarmouth Borough Council Portal
No.Condition Text
1.The development (change of use) hereby 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.The access / on-site parking / servicing / loading, unloading / turning / waiting areas shall retained in accordance with Drawing number PHW001/02 Rev P5. The reason for the condition is :- To ensure the permanent availability of the parking / manoeuvring area, in the interests of highway safety.
3.Notwithstanding the provisions of the Town and Country Planning Use Classes (Amendment) Order 2005 (or any Order revoking or re-enacting that Order) and the provisions for permitted changes made under the General Permitted Development (Amendment) Order 2005, the building shown as Pizza Hut on Drawing no. 3388-PH-01 rev A shall not be used for any purpose defined within Class E(a), or E(c), of the Town and Country Planning (Use Classes) Order 1987 (as amended). For the avoidance of doubt and for the purpose of this Condition, the definition of Use Class E(a) and E(c) are as established by the Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020, as follows: Class E(a) - use or part use for the display or retail sale of goods, other than hot food, principally to visiting members of the public. Class E(c) - use or part use for the provision of the following kinds of services principally to visiting members of the public: (i) financial services, (ii) professional services (other than health or medical services), or (iii) any other services which it is appropriate to provide in a commercial, business or service locality. The reason for the condition is:- To enable the Local Planning Authority to retain control over the use of the site.
4.Notwithstanding the provisions of the Town and Country Planning Use Classes (Amendment) Order 2021 (or any Order revoking or re-enacting that Order) Unit 2 shall only be used for purposes falling within Class E(a) and shall not be used for any other use falling within class E, without the express written permission first being granted by the Local Planning Authority. The reason for the condition is:- To enable the Local Planning Authority to retain control over the use of the site.
5.Neither the restaurant use that fell within use Class A3 of the 2005 Use Class Order permitted by approval 06/04/1197/F (the building shown as Pizza Hut on Drawing no. 3388-PH-01 rev A), nor Unit 2 (the subject of Condition 4 of this permission) shall be open to customers outside the following times:- 11am to 11.30pm. The reason for the condition is :- In the interests of the amenities of the occupiers of the nearby travellers site.
6.Prior to the commencement of the new use hereby permitted, a Flood Plan shall be submitted to and agreed, in writing, with the Local Planning Authority, in consultation with the Environment Agency. The reason for the condition is :- To minimise the risk to life from flooding.
7.Flood warning notices shall be erected in numbers, positions and with wording to be agreed with the Local Planning Authority. The notices shall be kept legible and clear of obstruction and updated if the information changes. The reason for the condition is :- To ensure that the staff and customers at the site are aware of the risk from flooding.
8.There shall be no use of Unit 2 pursuant to the new use hereby permitted by condition 4 of this permission, until three Sheffield stand type cycle stands have first been provided to the pavement area close to Unit 2, and made available for public use and retained as such thereafter. The reason for the condition is :- To make provision for visits to the site by bicycles to address the likely increased customer travel demands associated with a takeaway sandwich shop use as hereby approved.
9.REASON FOR APPROVAL OF THE APPLICATION :- The proposal meets the criteria of Policies SHP1 and TCM 13 of the Great Yarmouth Borough-Wide Local Plan.
10.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.