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 accordance with the the following plans and details: Site Location Plan B029317 TTE 00 XX DR U 0101 revision D01; Block Plan B029317 TTE 00 XX DR U 0102 revision D01; Proposed Reinstatement Plan B029317 TTE 00 00 DR U 0104 revision D01; Proposed Remediation Plan B029317 TTE 00 00 DR U 0005 revision D01; and, Remediation Design Document (Final) ref: National Grid Property Holdings Ltd, Gasholders Nos. 1 & 2, Southtown Road, Gorleston (0208), as received by the Local Planning Authority on 13 January 2022. The reason for the condition is :- For the avoidance of doubt.
3.Notwithstanding the details within the submitted Tetra Tech Remediation Design Document of December 2021 (ref: 784-A074754-148-2-GORLESTON-RD-FINAL), there shall be no commencement of development approved by this planning permission until a scheme that includes the following components to deal with the risks to groundwater, water environment and aquifers associated with contamination of the site shall each be submitted to and approved, in writing, by the Local Planning Authority in consultation with the Environment Agency: i) 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 - potentially unacceptable risks arising from contamination at the site. ii) A site investigation scheme, based on (i) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site. iii) The results of the site investigation and detailed risk assessment referred to in (ii) 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. iv) 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 (iii) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. The scheme shall be implemented and undertaken in accordance with the details to be approved. The reason for the condition is :- To protect and prevent the pollution of the water environment (particularly the Principal aquifer and River Yare) from potential pollutants associated with current and previous land uses in line with National Planning Policy Framework (NPPF 2021; paragraphs 174, 183 and 184), EU Water Framework Directive, Anglian River Basin Management Plan and Environment Agency Groundwater Protection Position Statements (2017) A4 - A6, J1 - J7 and N7. Please see ADVICE NOTE 1: Environment Agency requirements, provided 16th February 2022. Please note this condition has been imposed as a pre-commencement condition as it is considered that there are adequate generic remedial options available to deal with the risks to controlled waters posed by contamination at this site but further details are required in order to ensure that risks are appropriately addressed prior to development commencing, in order to safeguard vulnerable water resources and environments.
4.No development should 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 in consultation with the Environment Agency. Reports as specified in the approved plan, including details of any necessary contingency action arising from the monitoring, shall thereafter 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 in accordance with the approved monitoring schedule. The reason for the condition is :- To protect and prevent the pollution of the water environment (particularly the Principal aquifer and River Yare) from potential pollutants associated with current and previous land uses in line with National Planning Policy Framework (NPPF 2021; paragraphs 174, 183 and 184), EU Water Framework Directive, Anglian River Basin Management Plan and Environment Agency Groundwater Protection Position Statements (2017) A4 - A6, J1 - J7 and N7.
5.No uppermost capping layer above the remediated ground within the development hereby permitted shall be installed 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 in consultation with the Environment Agency. 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 capping layer shall thereafter be provided within 28 days of the approval of the details required by this condition. The reason for the condition is :- To protect and prevent the pollution of the water environment (particularly the Principal aquifer and River Yare) from potential pollutants associated with current and previous land uses in line with National Planning Policy Framework (NPPF 2021; paragraphs 174, 183 and 184), EU Water Framework Directive, Anglian River Basin Management Plan and Environment Agency Groundwater Protection Position Statements (2017) A4 - A6, J1 - J7 and N7.
6.There shall be no commencement of any works until a Construction Traffic Management Plan and Access Route have first been submitted to and approved in writing by the Local Planning Authority. The details shall shall incorporate adequate provision for addressing any abnormal wear and tear to the highway together with wheel cleaning facilities, and shall include proposals to control and manage construction traffic using the 'Construction Traffic Access Route' and to ensure no other local roads are used by construction traffic. The reason for the condition is: - In the interests of maintaining highway efficiency and safety. This needs to be a pre-commencement condition as it deals with safeguards associated with the construction period of the development.
7.For the duration of the operations approved within the development hereby permitted period all traffic associated with undertaking the development will comply with the Construction Traffic Management Plan to be approved under Condition 6 of this permission, and shall use only the approved 'Construction Traffic Access Route' and no other local roads unless first approved in writing by the Local Planning Authority. The reason for the condition is: - In the interests of maintaining highway efficiency and safety.
8.There shall be no commencement of development hereby permitted until a flood risk mitigation strategy, in relation to operations on site during the works, has first been submitted to and approved in writing by the Local Planning Authority. The details shall include measures for ensuring flood warning alerts and advice and evacuation plans are provided to the workforce, and shall be implemented upon commencement of development and shall remain in place thereafter for the duration of the development. The processes and working methods on site shall comply with the agreed details. The reason for the condition is :- In the interests of public safety and mitigating flood risk as the site is in a high risk flood zone (zone 3), and the requirements for pre-commencement condition is to ensure public safety from the outset of the operations hereby permitted.
9.The development hereby permitted shall not take place outside of the following hours: - 0730 hours to 1830 hours Monday to Friday; and, - 0830 hours to 1330 hours Saturdays. No work shall take place on Sundays or Public or Bank Holidays. The reason for the condition is :- In the interests of protection nearby residential amenity.
10.During the development hereby permitted, the following measures shall be used at all times: - 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. The reason for the condition is :- In the interests of protection nearby residential amenity and in particular local air quality because the site will potentially generate a significant amount of dust during the operations processes.
11.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.
12.In respect of Conditions 3 - 5 of this permission, the Environment Agency provides the following advice: The Environment Agency has reviewed the submitted Tetra Tech Remediation Design Document of December 2021 (ref: 784-A074754-148-2-GORLESTON-RD-FINAL) but considers further investigation and risk assessment survey is needed, stating: "We welcome the opportunity to reduce the risk to sensitive receptors by remediating the contents of the gas holder bases by source removal. We recognise that this works in isolation is not designed to be the final remediation for the entire site, rather an interim reduction in risk. We agree with the majority of the content of this report, however note that the Priority Receptor was noted in Table 3.1 as Surface Water (the River Yare) - however Appendix B notes the maximum allowable concentrations of contaminants being human health assessment criteria for a commercial setting which are not particularly conservative when comparing with typical values used to protect the water environment. How can the report be amended to offer assurance that the risk reduction provides a more appropriate assessment criteria to be protective of the water environment, rather than potentially repeating the same remediation exercise at a later date and as such, overall, cost more. Furthermore, if the condition of the gasholder walls and base are unknown, please consider how the works may affect the water environment, potentially temporarily worsening water quality - is it possible to monitor groundwater and/or surface water during the period of works and following it? Please also clarify that the tank base and sides are proposed to be kept in-situ and in-tact for the purposes of this works? We recommend that developers should: 1) Refer to our 'Groundwater Protection' website; 2) Refer to our Land Contamination: Risk Management website when dealing with land affected by contamination. This is based on CLR11 which is archived within CL:AIRE Water and Land Library (WALL), and also includes the Guiding Principles for Land Contamination for the type of information that we require in order to assess risks to controlled waters from the site. The Local Authority can advise on risk to other receptors, for example human health; 3) Refer to our Land Contamination Technical Guidance; 4) Refer to 'Position Statement on the Definition of Waste: Development Industry Code of Practice'; 5) Refer to British Standards BS 5930:1999 A2:2010 Code of practice for site investigations and BS10175:2011 A1: 2013 Investigation of potentially contaminated sites - code of practice; 6) Refer to our 'Piling and Penetrative Ground Improvement Methods on Land Affected by Contamination' National Groundwater & Contaminated Land Centre Project NC/99/73. The selected method, including environmental mitigation measures, should be presented in a 'Foundation Works Risk Assessment Report', guidance on producing this can be found in Table 3 of 'Piling Into Contaminated Sites'; 7) Refer to our 'Good Practice for Decommissioning Boreholes and Wells'. 8) Refer to our 'Dewatering building sites and other excavations: environmental permits' guidance when temporary dewatering is proposed." Hyperlinks to the aforementioned guidance can be found on the Environment Agency's consultation response letter to the LPA dated 16 February 2022.
13.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.