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 location plan and drawings Nos 196/ 01B; 02; 03; 04B; 05A and 196/SK12 received by the Local Planning Authority on 1st October, 2021. The external material finishes shall be as specified on the application form received by the Local Planning Authority on 1st October, 2021. The reason for the condition is :- For the avoidance of doubt.
3.Notwithstanding the provisions of the Town and Country Planning Use Classes Order 1987 (as amended) and the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Orders revoking or re-enacting those Orders) the building hereby approved shall only be used for purposes within Class E of the Use Classes Order. The reason for the condition is:- In the interests of the residential amenities of the occupiers of nearby dwellings.
4.Before first occupation or use of the office/industrial buildings, details (including size and species of trees) of the scheme of planting and landscaping as shown on Drawing Nos. 196/01B & 196/04B shall first be submitted to and approved in writing by the Local Planning Authority and the planting of trees and shrubs shall be carried out in accordance with the scheme as approved within 12 months of the approval. Any trees and shrubs so planted which dies within 3 years of planting shall be replaced within one year by the applicants or their successors in title. The reason for the condition is:- To enhance the visual amenities of the locality
5.The development hereby permitted shall be carried out incorporating the measures to mitigate the risk from flooding set out in the applicant's Flood Risk Assessment received by the Local Planning Authority on 1st October July, 2021 (Report Ref: 2626/RE/01-21/01 Revision A ). In particular the development shall be constructed to include the Water Entry Strategy set out at section 6.3 (page 10) of the approved Flood Risk Assessment, and the associated features of construction shall be completed, fully installed and made operational in strict accordance with the Water Entry Strategy details before any part of the development if brought into use. The development hereby permitted shall also be constructed and completed in accordance with Communities and Local Government document "Improving the Performance of New Buildings - Flood Resilient Construction" available for download for free at http;//www.planningportal.gov.uk/uploads/br/flood performance.pdf The reason for the condition is :- To ensure that mitigation measures are undertaken as the property is located within an area at risk of flooding.
6.A Flood Response Plan shall be prepared as recommended by Flood Risk Assessment Report Ref: 2626/RE/01-21/01 Revision A. The Flood Response Plan shall include ensuring the site is brought into the Environment Agency's Flood Warning Service, and shall include evacuation procedures. The Flood Response Plan shall be brought into use upon first occupation of the development, and shall be made available to all future occupiers of the site and management and staff thereof. The development shall continue to be operated thereafter in accordance with the Flood Response Plan. The reason for the condition is :- In accordance with the recommendations of the flood risk assessment, to minimise the risk to the occupants in the event of flooding.
7.No development approved by this planning permission (or such other date or stage in development as may be first agreed in writing with the Local Planning Authority), shall take place 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; and, - 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 the Principal Aquifer, River Yare and EU Water Framework Directive Drinking Water Protected Area) from potential pollutants associated with current and previous land uses in line with National Planning Policy Framework (NPPF 2019; paragraphs 170, 178 and 179), EU Water Framework Directive, Anglian River Basin Management Plan and Environment Agency Groundwater Protection Position Statements (2017) A4 - A6, J1 - J7 and N7.
8.No occupation of any part of the office/workshop shall take place until a verification report demonstrating completion of works set out in the approved remediation strategy and the effectiveness of the remediation has first been 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 the Principal Aquifer, River Yare and EU Water Framework Directive Drinking Water Protected Area) from potential pollutants associated with current and previous land uses in line with National Planning Policy Framework (NPPF 2019; paragraphs 170, 178 and 179), EU Water Framework Directive, Anglian River Basin Management Plan and Environment Agency Groundwater Protection Position Statements (2017) A4 - A6, J1 - J7 and N7.
9.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 the Principal Aquifer, River Yare and EU Water Framework Directive Drinking Water Protected Area) from potential pollutants associated with current and previous land uses in line with National Planning Policy Framework (NPPF 2019; paragraphs 170, 178 and 179), EU Water Framework Directive, Anglian River Basin Management Plan and Environment Agency Groundwater Protection Position Statements (2017) A4 - A6, J1 - J7 and N7.
10.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 the Principal Aquifer, River Yare and EU Water Framework Directive Drinking Water Protected Area) from potential pollutants associated with current and previous land uses in line with National Planning Policy Framework (NPPF 2019; paragraphs 170, 178 and 179), EU Water Framework Directive, Anglian River Basin Management Plan and Environment Agency Groundwater Protection Position Statements (2017) A4 - A6, J1 - J7 and N7.
11.Piling or any other foundation designs using penetrative methods shall not be 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 groundwater. The development shall be carried out in accordance with the approved details. The reason for the condition is :- Piling or other penetrative ground improvement methods can increase the risk to the water environment by introducing preferential pathways for the movement of contamination into the underlying aquifer and/or impacting surface water quality. For development involving piling or other penetrative ground improvement methods on a site potentially affected by contamination or where groundwater is present at a shallow depth, a suitable Foundation Works Risk Assessment based on the results of the site investigation and any remediation should be undertaken. This assessment should underpin the choice of founding technique and any mitigation measures employed, to ensure the process does not cause, or create preferential pathways for, the movement of contamination into the underlying aquifer, or impacting surface water quality.
12.Prior to the first use of the development hereby permitted the vehicular access(es) shall be provided and thereafter retained at the position shown on the approved plans in accordance with the highway specification to be agreed with the Highway Authority . Arrangement shall be made for surface water drainage to be intercepted and disposed of separately so that it does not discharge from or onto the highway carriageway. The reason for the condition is :- To ensure satisfactory access into the site and avoid carriage of extraneous material or surface water from or onto the highway.
13.Prior to commencement of the use hereby permitted any access gate(s), bollard, chain or other means of obstruction shall be hung to open inwards, set back, and thereafter retained a minimum distance of 8 metres from the near channel edge of the adjacent carriageway. The reason for the condition is :- To enable vehicles to safely draw off the highway before the gate(s) or obstruction is opened.
14.Vehicular and pedestrian (and cyclist) access to and egress from the adjoining highway shall be limited to the access(es) shown on drawing No. 196/01B only. Any other access(es) or egresses 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 in consultation with the Highway Authority, concurrently with the bringing into use of the new access. The reason for the condition is :- In the interests of highway safety.
15.Prior to the commencement of the use hereby permitted the proposed access, on-site car and cycle parking, servicing / loading, unloading / turning 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 area, in the interests of highway safety.
16.Prior to the first occupation/use of the development hereby permitted visibility splays measuring 2.4 metres x 25 metres shall be provided to each side of the access(es) where it meets the highway. 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
17.The highway boundary(ies) shall be marked out on site prior to commencement of construction of any part of the development fronting the highway. The reason for the condition is :- To prevent structures being erected within the highway boundary.
18.Notwithstanding the details indicated on the submitted drawings no works above slab level shall commence on site unless otherwise agreed in writing until a detailed scheme for the off-site highway improvement works (access and footway) as indicated on the approved plans have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority. The reason for the condition is :- To ensure that the highway improvement works are designed to an appropriate standard in the interest of highway safety and to protect the environment of the local highway corridor.
19.There shall be no commencement of the use of the buildings hereby permitted until the off-site highway improvement works referred to in Condition 18 of this permission have first been completed to the written satisfaction of the Local Planning Authority in consultation with the Highway Authority. The reason for the condition is :- To ensure that the highway network is adequate to cater for the development proposed.
20.REASON FOR APPROVAL OF THE APPLICATION :- The proposal complies with policies CS6, CS11, CS13, and CS17 of the Core Strategy and with policies GSP1 Development Limits, B1 Business development, E1 Flood risk, E6 Pollution and hazards in development, I1 Vehicle parking for developments and I3 Foul drainage of the adopted Local Plan Part 2
21.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.
22.It is an OFFENCE to carry out any works within the Public Highway, which includes a Public Right of Way, without the permission of the Highway Authority. This development involves work to the public highway that can only be undertaken within the scope of a Legal Agreement between the Applicant and the County Council. Please note that it is the Applicant's responsibility to ensure that, in addition to planning permission, any necessary Agreements under the Highways Act 1980 are also obtained and typically this can take between 3 and 4 months. Advice on this matter can be obtained from the County Council's Highways Development Management and Operations team based at County Hall in Norwich on 0344 800 8020. Public Utility apparatus may be affected by this proposal. Contact the appropriate utility service to reach agreement on any necessary alterations, which have to be carried out at the expense of the developer. If required, street furniture will need to be repositioned at the Applicant's own expense. Please be aware it is the applicants responsibility to clarify the boundary with the public highway. Private structures such as fences or walls will not be permitted on highway land. The highway boundary may not match the applicants title plan. Please contact the highway research team at highway.boundaries@norfolk.gov.uk for further details.
23.NOTES - Please read the following notes carefully:- Regarding conditions relating to protection of the water environment please refer to the letter and technical appendix therein received by the Local Planning Authority from the Environment Agency dated 6th January 2022. The recently adopted Local Plan Part 2 includes policy I1 Vehicle parking for developments, the policy encourages that development should be designed to enable charging of plug-in and other ultra low-emission vehicles in safe, accessible and convenient locations.
24.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 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. The site will potentially generate a significant amount of dust during the conversion 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.
25.Construction work shall not take place outside the following hours:- 07:30 to 18:30 Monday to Friday 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.