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 hereby approved shall be carried out in strict accordance with the following plans and details submitted to the Local Planning Authority: Drawings and plans - 7723L-19 Location Plan; 7723L-20 Rev G Proposed Site Plan; 7723L-21 Existing Site Plan; 7723L-22 Rev C Proposed Floor Plan; 7723L-23 Rev A Elevations (with Bat Shelter and Nest Box comments); 7723L-24 Rev A Proposed Roof Plan; 7723L-25 Existing Elevations; 21-108-01 Tree Survey & Constraints Plan; 21-108-02 Rev G Detailed Landscape Proposals; 21-108-03 Rev E Tree Protection Plan; DWG 00 Rev 2 LiAS Design Notes & Luminaire Schedule; DWG 01 Rev 3 Proposed Lighting Layout; DWG005 Proposed Site Access; DWG 16-2038-401 Rev P2 Drainage Arrangement Sheet 1 of 2; DWG 16-2038-401 Rev P2 Drainage Arrangement Sheet 2 of 2; DWG 16-2044-300 Rev P2 Section 278 - Proposed General Arrangement and Access Construction; DWG 16-2044-301 Rev P2 Section 278 - Contours and Flow Arrows; DWG 16-2044-302 Rev P2 Section 278 - Site Clearance; DWG 16-2044-303 Rev P2 Section 278 - Signs and Road Markings; DWG EDS07-0102.01 Version E Unit/Package Substation with Standard Plinth Design & GRP Enclosure Sheet 1 of 3; DWG EDS07-0102.01 Version D Earthing Arrangement for Unit / Package Substation with Standard Plinth Detail & GRP Enclosure Sheet 2 of 3; DWG EDS07-0102.01 Version A Small Power & Lighting Layout Sheet 3 of 3; and, Supporting documents - Air Quality Assessment Project No. 444605-01(00) prepared by RSK dated 3 November 2021; Emergency Flood Response Plan T004 Issue 1 prepared by Cora IHT dated 26 April 2022; Flood Risk Assessment 16-2044-T003 Issue 8 prepared by Cora IHT dated 16 August 2023; Letter from Paul Palgrave (Geo Investigations) to Joe Caunt (Lidl Great Britain Limited) dated 25 November 2021 re: Proposed Lidl, Thamesfield Way, Great Yarmouth - Report on Soakaway Testing; Noise Impact Assessment ref. 9219/FD prepared by Acoustic Consultants Ltd dated August 2023; Phase I & II Geo-Environmental Assessment ref. UK215309b Issue 1 prepared by EPS dated 13 May 2021; Planning and Retail Statement prepared by Rapleys LLP dated January 2022; Preliminary Ecological Appraisal (PEA) Survey Report ref. SQ-309 prepared by Estrada Ecology Ltd dated 25 August 2021; Transport Assessment T001 Issue 3 prepared by Cora IHT dated 15 August 2023; Travel Plan T001 Issue 3 prepared by Cora IHT dated 15 August 2023. The reason for the condition is :- For the avoidance of doubt, and in the interests of proper planning.
3.Notwithstanding the provisions of Schedule 2 Part 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or any subsequent order revoking and re-enacting that order with or without modifications), the commercial unit hereby permitted shall be used only for activities and the purposes of retail and therein only as a predominantly foodstore retail unit (notwithstanding the range of retailing activity uses which fall within the range of uses covered by Use Class E(a) [a use for the display or retail sale of goods, other than hot food, principally to visiting members of the public] of the Town and Country Planning (Use Classes) Order 1987 (as amended)) and shall not be used for any other use or purpose without first gaining the express written permission of the Local Planning Authority obtained pursuant to the submission of a valid planning application. See also Conditions 4-7 of this permission. The reason for the condition is :- The development hereby permitted provides a substantial area of new retail floorspace in a location not ordinarily supported by adopted planning policies because of the potential conflict with established local, district and town centre designations, and the removal of land in a designated employment area, but has been justified on the basis of being able to minimise the potential impacts by virtue of being a replacement for an existing foodstore in the vicinity, with the associated impacts assessed and considered on this basis only; if the use of the development were to change to other forms of retailing such as a non-foodstore retail use, or other main town centre uses, the development could give rise to impacts not previously assessed and not necessarily without detriment to the town centre or other sequentially-preferable defined centres. As such, the restriction is necessary to ensure that the Council retains control over the quality, extent and range of impacts and provision of any change of use, in accordance with policies CS1, CS2, CS6 and CS7 of the adopted Great Yarmouth Core Strategy (2015), and policies R1 and UCS7 of the adopted Great Yarmouth Local Plan Part 2 (2021).
4.The development hereby permitted shall provide no more than a maximum of 1,411 sqm (square metres) to be used as a retail floorspace sales area at any time. This area shall not be exceeded without first gaining the express written permission of the Local Planning Authority obtained pursuant to the submission of a valid planning application. See also Conditions 3, 5-7 of this permission. The reason for the condition is :- The development hereby permitted provides a substantial area of new retail floorspace in a location not ordinarily supported by adopted planning policies, but is acceptable by virtue of being a replacement for an existing foodstore in the vicinity, with the associated retailing, social, economic and highways impacts assessed and considered on this basis of a proposing 1,411 sqm sales area within the application. The restriction is imposed in order to define the permission and ensure the development operates as proposed and as assessed, and to ensure the satisfactory functioning of the development in accordance with policies CS1, CS2, CS6, CS7 and CS16 of the adopted Great Yarmouth Core Strategy (2015), and policies R1, USC7 and I1 of the adopted Great Yarmouth Local Plan Part 2 (2021).
5.The development hereby permitted shall provide: - no more than a maximum of 1,129 sqm (square metres) of the permitted retail floorspace sales area to be used for convenience good retailing; and, - no more than a maximum of 282 sqm (square metres) of the permitted retail floorspace sales area to be used for comparison good retailing, at any time. This limitation shall not be exceeded without first gaining the express written permission of the Local Planning Authority obtained pursuant to the submission of a valid planning application. See also Conditions 3-4, 6-7 of this permission. The reason for the condition is :- The development hereby permitted provides a substantial area of new retail floorspace in a location not ordinarily supported by adopted planning policies, but is acceptable by virtue of being a replacement for an existing foodstore in the vicinity, with the associated retailing, social, economic and highways impacts assessed and considered on this basis of a proposing this particular mix of retail floorspace sales area within the application. The restriction is imposed in order to define the permission and ensure the development operates as proposed and as assessed, to ensure the satisfactory functioning of the development, in the interests of highways safety, and to safeguard the vitality and viability of nearby town and local centres in accordance with policies CS6, CS7 and CS16 of the adopted Great Yarmouth Core Strategy (2015), and policies R1, USC7 and I1 of the adopted Great Yarmouth Local Plan Part 2 (2021).
6.The commercial unit foodstore hereby permitted shall only be operated as a single commercial premises and shall not at any time be subdivided into smaller commercial units or premises. This restriction shall apply notwithstanding extent of operational development required for such subdivisions nor the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or any subsequent order revoking and re-enacting that Order with or without modifications). See also Conditions 3-5, 7 of this permission. The reason for the condition is :- The development hereby permitted provides a substantial area of new retail floorspace in a location not ordinarily supported by adopted planning policies, but is acceptable by virtue of being a replacement for an existing foodstore in the vicinity, with the associated retailing, social, economic and highways impacts assessed and considered on the basis of a proposing the particular format of retail operations as presented within the application. The restriction is imposed in order to define the permission and ensure the development operates as proposed and as assessed, to ensure the satisfactory functioning of the development, in the interests of highways safety, and to safeguard the vitality and viability of nearby town and local centres in accordance with policies CS1, CS2, CS6, CS7 and CS16 of the adopted Great Yarmouth Core Strategy (2015), and policies R1, USC7 and I1 of the adopted Great Yarmouth Local Plan Part 2 (2021).
7.Notwithstanding the provisions of Schedule 2 Part 7 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or any subsequent order revoking and re-enacting that Order with or without modifications), the commercial unit hereby permitted shall not be extended or altered at any time without first gaining the express written permission of the Local Planning Authority obtained pursuant to the submission of a valid planning application. The reason for the condition is :- The development hereby permitted provides a substantial area of new retail floorspace in a location not ordinarily supported by adopted planning policies, but is acceptable by virtue of being a replacement for an existing foodstore in the vicinity, with the associated retailing, social, economic and highways impacts assessed and considered on the basis of the floorspace and size of the development as proposed. The restriction is imposed in order to define the permission and ensure the development operates as proposed and as assessed, to ensure the satisfactory functioning of the development, in the interests of highways safety, and to safeguard the vitality and viability of nearby town and local centres in accordance with policies CS1, CS2, CS6, CS7 and CS16 of the adopted Great Yarmouth Core Strategy (2015), and policies R1, USC7 and I1 of the adopted Great Yarmouth Local Plan Part 2 (2021).
8.Part (A) - There shall be no commencement of the development hereby permitted, including demolition of existing buildings, until a detailed Scheme for providing appropriate off-site highway improvement works has first been submitted to and approved in writing by the Local Planning Authority. Part (B) - There shall be no construction of the development hereby permitted beyond slab / DPC / foundations level until suitable evidence has first been submitted to and approved in writing by the Local Planning Authority to demonstrate that the applicant has applied for and promoted a Section 278 agreement with the Local Highways Authority to ensure the off-site highways works will be undertaken in accordance with the detailed Scheme required by Part (A) of this condition. The reason for the condition is :- To ensure that the highway network is adequate to cater for the development proposed in the interests of highways safety. This is a pre-commencement condition to ensure that a safe and suitable access is available for traffic associated with the construction of the development, in accordance with policies CS16 of the adopted Great Yarmouth Core Strategy (2015) and R1 of the adopted Great Yarmouth Local Plan Part 2 (2021).
9.The development hereby permitted shall not be brought into first use as a foodstore until the off-site highway improvement works (including any Public Rights of Way works) required by Condition 8 of this permission have first been completed and made available for use in strict accordance with the detailed plans approved under Condition 8 of this permission. The reason for the condition is :- To ensure that the highway network is adequate to cater for the development proposed in the interests of highways safety and ensure that a safe and suitable access is available for the development, in accordance with policies CS16 of the adopted Great Yarmouth Core Strategy (2015) and R1 of the adopted Great Yarmouth Local Plan Part 2 (2021).
10.There shall be no commencement of the development hereby permitted, including demolition of existing buildings, until the details of a Scheme for providing on-site construction worker parking for the duration of the construction period of the development have first been submitted to and approved in writing by the Local Planning Authority. The Scheme shall thereafter be implemented and retained in accordance with the approved details, for the duration of the construction period. The reason for the condition is :- To ensure adequate off-street parking is provided during construction in the interests of highways safety. This is a pre-commencement condition to ensure that a safe and suitable parking arrangement is provided for the construction of the development, in accordance with policies CS16 of the adopted Great Yarmouth Core Strategy (2015) and R1 of the adopted Great Yarmouth Local Plan Part 2 (2021).
11.There shall be no commencement of the development hereby permitted, including demolition of existing buildings, until the details of a Construction and Demolition Traffic Management Plan to be used for the duration of the demolition and construction period of the development and which shall include details of providing wheel washing facilities within the site, have first been submitted to and approved in writing by the Local Planning Authority. The Plan shall thereafter be implemented and retained in accordance with the approved details, for the duration of the demolition and construction period. The reason for the condition is :- To ensure adequate off-street parking is provided during the redevelopment of the site in the interests of highways safety and the efficient and safe operation of the highway network. This is a pre-commencement condition to ensure that a safe and suitable parking arrangement is provided for the construction of the development, in accordance with policies CS16 of the adopted Great Yarmouth Core Strategy (2015) and R1 of the adopted Great Yarmouth Local Plan Part 2 (2021).
12.The development hereby permitted shall not be brought into first use as a foodstore until visibility splays have first been provided in full accordance with the details indicated on drawing number DWG-005 Proposed Site Access. The splays shall thereafter be retained and maintained at all times free from any obstruction exceeding 0.225m above the level of the adjacent highway carriageway. The reason for the condition is :- In the interests of highways safety and the efficient and safe operation of the highway network, including during construction, in accordance with policies CS16 of the adopted Great Yarmouth Core Strategy (2015) and R1 of the adopted Great Yarmouth Local Plan Part 2 (2021).
13.With the exception of demolition of existing buildings and site clearance, there shall be no commencement of the development hereby permitted until the detailed results of a further site investigation for contamination at the site (to be undertaken in accordance with BS1075:2011+A1:2013 and LCRM) has first been submitted to and approved in writing by the Local Planning Authority. The site investigation report shall be accompanied by a revised conceptual Risk Assessment model amended in light of the results of the additional investigation. The site investigation shall include the areas of the site which were considered to be previously inaccessible ground when prior investigations were undertaken as detailed in the submitted Phase I & II Geo-Environmental Assessment report dated 13 May 2021, and shall be based upon the recommendations presented within Section 7.4 of the same report, including: (a) The investigation shall be undertaken to include assessment of the physical extent and nature of the thickened concrete surfacing in the eastern area of the site, which should be established through the drilling of a series of boreholes by rotary methods. Subsequent to this, the lateral extent and severity of fuel impacts underlying concrete surfacing in the south-eastern area of the site should be established through the drilling of further shallow boreholes in recognition that there may well be overlap between the area of possible fuel impact and areas of thickened concrete meaning a combined approach to risk assessment and mitigation is required. (b) The investigation should also include an assessment of ground water presence and quality and an assessment of the potential risks to groundwater resources, undertaken through a controlled waters risk assessment and subsequent presentation of remedial options appraisal and sustainability assessment. (c) The site conceptual model shall be amended based on the findings of the intrusive site investigation and the risks to identified receptors updated. This assessment must be undertaken by a competent person, and shall assess any contamination on the site, whether or not it originates from on the site. The findings of the site investigation and proposed remedial options shall be submitted to the Local Planning Authority for approval in writing prior to any remedial works commencing and any development works commencing. The reason for the condition is :- In the interests of ensuring the land contamination present and the risks to groundwaters and end users are understood, and in the interests of maintaining local amenity, in accordance with policies CS1 of the adopted Great Yarmouth Core Strategy (2015) and E6 and A1 of the adopted Great Yarmouth Local Plan Part 2 (2021).
14.With the exception of demolition of existing buildings and site clearance, there shall be no commencement of the development hereby permitted until a detailed Foundations Works Risk Assessment and proposed Foundations Design Strategy have first been submitted to and approved in writing by the Local Planning Authority. The risk assessment shall include the detail risks to controlled and ground waters and shall be used to inform the piling and ground works strategy required for the development. The Strategy shall detail the proposed foundations or piling methods and include mitigation to prevent groundwater contamination as required, and shall include any associated monitoring requirements as appropriate. The development shall thereafter be constructed in strict accordance with the details as approved, including the mitigation and monitoring thereof. The reason for the condition is :- In the interests of ensuring the land contamination risks at the site are addressed and remediated in the interests of maintaining local amenity and environmental assets, and the safety of workers, neighbours and other offsite receptors, in accordance with policies CS1 of the adopted Great Yarmouth Core Strategy (2015) and E6 and A1 of the adopted Great Yarmouth Local Plan Part 2 (2021).
15.With the exception of demolition of existing buildings and site clearance, there shall be no commencement of the development hereby permitted until a detailed assessment for the possible risks of ground gas presence at the site, and an appropriate ground gas remediation scheme and appropriate monitoring as necessary, has first been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be constructed in strict accordance with the details as approved, including the mitigation and monitoring thereof. The reason for the condition is :- In the interests of ensuring the land contamination risks at the site are addressed and remediated in the interests of maintaining local amenity and environmental assets, and the safety of workers, neighbours and other offsite receptors, in accordance with policies CS1 of the adopted Great Yarmouth Core Strategy (2015) and E6 and A1 of the adopted Great Yarmouth Local Plan Part 2 (2021).
16.With the exception of demolition of existing buildings and site clearance, there shall be no commencement of the development hereby permitted until a detailed remediation scheme sufficient to bring the site to a condition suitable for the intended use has first been submitted to and approved in writing by the Local Planning Authority. The remediation scheme shall be provided subsequent to the fulfilment of an agreed site investigation and revised contamination risk assessment in accordance with Condition 13 of this permission, the foundations proposals to be agreed under Condition 14 of this permission, and any mitigation required for ground gas presence to be agreed under Condition 15 of this permission. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation. The approved remediation scheme must thereafter be carried out in strict accordance with the approved details prior to the commencement of construction works. The development shall not be brought into beneficial use until the remediation scheme has been completed successfully and demonstrated to be undertaken as such in accordance with the details of a contamination remediation verification and validation scheme. The reason for the condition is :- In the interests of ensuring the land contamination risks at the site are addressed and remediated in the interests of maintaining local amenity and environmental assets and the safety of workers, neighbours and other offsite receptors, in accordance with policies CS1 of the adopted Great Yarmouth Core Strategy (2015) and E6 and A1 of the adopted Great Yarmouth Local Plan Part 2 (2021).
17.There shall be no use of the development hereby permitted until the details of a Contamination Remediation Verification and Validation Plan have first been submitted to and approved in writing by the Local Planning Authority. The Plan shall include proposed means to confirm successful mitigation of the immediate contamination risks identified by Conditions 13-16 of this permission and shall propose long term monitoring of the identified risks with appropriate mitigation measures to be introduced as necessary. The contamination measures shall thereafter be provided in strict accordance with the details as approved, including the mitigation and monitoring thereof, prior to the first use of the development as necessary. The reason for the condition is :- In the interests of ensuring the land contamination risks at the site are addressed and remediated in the interests of maintaining local amenity and environmental assets, and the safety of workers, neighbours and other offsite receptors, in accordance with policies CS1 of the adopted Great Yarmouth Core Strategy (2015) and E6 and A1 of the adopted Great Yarmouth Local Plan Part 2 (2021).
18.There shall be no commencement of the development hereby permitted, including demolition of existing buildings, until a detailed Contamination Materials Management Plan has first been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be constructed in strict accordance with the details as approved, including the mitigation and monitoring thereof. The reason for the condition is :- In the interests of ensuring the land contamination risks at the site are addressed and remediated in the interests of maintaining local amenity and environmental assets, and the safety of workers, neighbours and other offsite receptors, in accordance with policies CS1 of the adopted Great Yarmouth Core Strategy (2015) and E6 and A1 of the adopted Great Yarmouth Local Plan Part 2 (2021).
19.If 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 shall be 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, in accordance with policies CS1 of the adopted Great Yarmouth Core Strategy (2015) and E6 and A1 of the adopted Great Yarmouth Local Plan Part 2 (2021).
20.With the exception of demolition of existing buildings and site clearance, there shall be no commencement of the development hereby permitted until a Flood Resilience and Flood Risk Mitigation Measures Scheme has first been submitted to and approved in writing by the Local Planning Authority. The Scheme shall set out how the development will provide suitable protection and resilience during flood events, having regard to the recommendations and principles set out within the approved Flood Risk Assessment ref 16-2044 - T003 version 8, dated 16th August 2023, and the Technical Note [submitted] in response to the LLFA response (ref.: FW2022_0856), dated 17 October 2022, and shall include confirmation of the final proposed site ground levels and finished floor levels. The development shall thereafter be constructed in strict accordance with the details as approved, and shall be retained as such thereafter. The reason for the condition is :- In the interests of minimising flood risk and improving the development capacity to respond to flood events, in accordance with policies CS12 and CS13 of the adopted Great Yarmouth Core Strategy (2015) and E1 of the adopted Great Yarmouth Local Plan Part 2 (2021).
21.With the exception of demolition of existing buildings and site clearance, there shall be no commencement of the development hereby permitted until a Flood Emergency Response Plan has first been submitted to and approved in writing by the Local Planning Authority. The Plan shall include details of connecting the development to the Environment Agency's Flood Warning Direct Scheme, and other measures having regard to the recommendations and principles set out within the approved Flood Risk Assessment ref 16-2044 - T003 version 8 dated 16 August 2023, and the Emergency Flood Response Plan T004 Issue 1 dated 26 April 2022, and the Technical Note [submitted] in response to the LLFA response (ref.: FW2022_0856), dated 17 October 2022. The details shall demonstrate the final proposed floor level of the internal mezzanine floor to act as a refuge area, of at least 2.09m AOD, to be shown in relation to the recognised flood risk depths and external ground floor levels, with appropriate climate change allowances. The flood event refuge area shall remain available for public access in the event of a flood emergency thereafter. The development shall be constructed in accordance with the mitigation measures as proposed and shall thereafter be operated in strict accordance with the details as approved. The reason for the condition is :- In the interests of minimising flood risk and improving the development capacity to respond to flood events, in accordance with policies CS12 and CS13 of the adopted Great Yarmouth Core Strategy (2015) and E1 of the adopted Great Yarmouth Local Plan Part 2 (2021).
22.The development hereby permitted shall be constructed in strict accordance with the following drainage scheme proposals as submitted: - Flood Risk Assessment and Drainage Strategy (document ref: Flood Risk Assessment Version 8 ref: 16-2022 T-003 dated 16th August 2023; and, - Technical Note in response to the LLFA response (ref.: FW2022_0856), dated 17 October 2022; and the following drawings which supersede those plans included in the Flood Risk Assessment: - drawing 16-2038-401-P2: Proposed Drainage Arrangement Sheet 1 of 2; and, - drawing 16-2038-401-P2: Proposed Drainage Arrangement Sheet 2 of 2. The approved scheme will be implemented in full prior to the first use of the development. The reason for the condition is :- In the interests of minimising flood risk and ensuring suitable sustainable drainage solutions are provided for the development, in accordance with policies CS12 and CS13 of the adopted Great Yarmouth Core Strategy (2015) and E1 of the adopted Great Yarmouth Local Plan Part 2 (2021).
23.There shall be no use or occupation of the development hereby permitted until the site's drainage strategy has first been connected to the required drainage outflow points within the privately maintained riparian watercourse as shown on the approved Internal Drainage Board Consent ref.22_07549_C dated 19 June 2023. The appropriate preparations shall be made prior to connection, noting the Internal Drainage Board's advice that vegetation clearance will be required first. The reason for the condition is :- To ensure there is sufficient drainage capacity to address the surface water run off requirements of the development without causing additional surface water flooding risk to adjoining land and natural ecosystems, in accordance with policies CS11, CS12 and CS13 of the adopted Great Yarmouth Core Strategy (2015), and E1 and E6 of the adopted Great Yarmouth Local Plan Part 2 (2021).
24.With the exception of demolition of existing buildings and site clearance, there shall be no commencement of the development hereby permitted until a Drainage Maintenance Schedule Scheme has first been submitted to and approved in writing by the Local Planning Authority. The details shall be implemented on first use of the development which shall thereafter be operated in strict accordance with the details as approved. The reason for the condition is :- In the interests of maintaining the continued operation of the development's drainage scheme and minimising flood risk and ensuring suitable sustainable drainage solutions are provided for the development, in accordance with policies CS12 and CS13 of the adopted Great Yarmouth Core Strategy (2015) and E1 of the adopted Great Yarmouth Local Plan Part 2 (2021).
25.With the exception of demolition of existing buildings and site clearance, there shall be no commencement of the development hereby permitted until the details of a Foul Drainage Scheme have first been submitted to and approved in writing by the Local Planning Authority. The details shall be completed and implemented prior to the first use of the development and shall thereafter be operated in strict accordance with the details as approved. The reason for the condition is :- In the interests of minimising flood risk and ensuring suitable drainage solutions are provided, in accordance with policies CS12 and CS13 of the adopted Great Yarmouth Core Strategy (2015) and I3 of the adopted Great Yarmouth Local Plan Part 2 (2021).
26.With the exception of demolition of existing buildings and site clearance, there shall be no commencement of the development hereby permitted until the details of proposed Fire Hydrants provision have first been submitted to and approved in writing by the Local Planning Authority. The development shall be undertaken in strict accordance with the details as approved which shall be provided prior to the first use of the development and retained as such thereafter. The reason for the condition is :- In the interests of ensuring appropriate utilities are provided and maintaining public amenity, in accordance with policies CS14 of the adopted Great Yarmouth Core Strategy (2015) and GSP8 of the adopted Great Yarmouth Local Plan Part 2 (2021).
27.There shall be no commencement of construction beyond foundation / damp proof course / slab level of the development hereby permitted until the details of proposed materials and finishes to be used in the external walls, roofs and fenestration of the development have first been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be undertaken in strict accordance with the details as approved. The reason for the condition is :- In the interests of the visual amenity of the area, in accordance with policy CS9 of the adopted Great Yarmouth Core Strategy (2015).
28.Part (a) - There shall be no commencement of construction beyond foundation / damp proof course / slab level of the development hereby permitted until full details of a proposed Landscaping Scheme have first been submitted to and approved in writing by the Local Planning Authority. The proposed Landscaping Scheme shall include details of: (i) all hard landscaping materials, appearance and locations; (ii) all soft landscaping and planting; (iii) a planting plan including planting schedule for all species, quantities and locations; (iv) details of all other features, street furniture, apparatus, lighting and associated facilities to be provided within the curtilage of the foodstore and car park hereby permitted; (v) relationship with provision of drainage attenuation features, including details of any screening or safety barriers to be used around the attenuation pond; (vi) at least nine (9 no.) trees of a suitable standard to ensure presence and rapid establishment with associated details of growing mediums; (vii) details of appropriate screening to be provided around the proposed electrical substation; (viii) details to demonstrate how proposed boundary hedging can ensure cars parked within the site will be shielded from view; (ix) details of all trees and plants required to be removed, and suitable replacement planting for those trees being removed where necessary, with associated details of growing mediums; and, (x) A Maintenance and Management Schedule and regime for all areas of landscaping and planting. Part (b) - With the exception of the planting and soft landscaping, all the features of the Landscaping Scheme shall be provided and made available for use in accordance with the approved details, prior to the first use of the development hereby permitted, and shall be retained and maintained as such thereafter in full accordance with the details of the approved Maintenance and Management Schedule. Part (c) - All the soft-landscaping and planting within the approved Landscaping Scheme shall be undertaken and provided no later than the first planting season following the first use of the development hereby permitted, and shall be retained and maintained as such thereafter in full accordance with the details of the approved Maintenance and Management Schedule. The reason for the condition is :- In the interests of the visual amenities of the locality, biodiversity enhancement, resilience against climate change, and to provide a high standard of design, in accordance with policies CS1, CS9 and CS11 of the Great Yarmouth Core Strategy (2015) and policy E4 of the Great Yarmouth Local Plan Part 2 (2021).
29.No tree, shrub or hedgerow which is indicated to be retained on the approved Tree Protection Plan (ref 21-108-03 Rev E) or the Landscaping Scheme to be approved under Condition 28 of this permission, shall be topped, lopped, uprooted, felled or in any other way destroyed, within ten years of the date of the first use of the building hereby approved, other than if such works are required in accordance with the approved Landscaping Scheme details. A retained tree, shrub, or hedgerow, means an existing tree, shrub or hedgerow which is to be retained in accordance with the approved plans and particulars. The reason for the condition is:- To protect and enhance the visual amenities of the area and on-site biodiversity, in accordance with the requirements of Policies CS09 and CS11 of the adopted Great Yarmouth Core Strategy (2015) and Policy E4 of the adopted Great Yarmouth Local Plan Part 2 (2021).
30.Any tree, shrub or hedgerow forming part of the approved Landscape Scheme which dies, is removed or become seriously damaged or diseased, within a period of ten years from the date of planting, shall be replaced with another of a similar size and species as that originally planted, and in the same place, during the next planting season immediately following its removal. The reason for the condition is:- To protect and enhance the visual amenities of the area and on-site biodiversity, in accordance with the requirements of Policies CS09 and CS11 of the adopted Great Yarmouth Core Strategy (2015) and Policy E4 of the adopted Great Yarmouth Local Plan Part 2 (2021).
31.There shall be no use of the development for the purposes hereby permitted until the proposed electrical substation facility has first been built in or painted a green / olive green colour on all external walls, and screened from view with appropriate landscaping installed in the positions shown on the Landscaping Scheme to be approved under Condition 28 of this permission. The substation shall thereafter be maintained as a green colour and with appropriate landscaping screening. The reason for the condition is:- To protect and enhance the visual amenities of the area and in the interests of good design, in accordance with the requirements of Policies CS09 and CS11 of the adopted Great Yarmouth Core Strategy (2015) and Policy E4 of the adopted Great Yarmouth Local Plan Part 2 (2021).
32.There shall be no construction of the development hereby permitted beyond foundation / slab / damp proof course levels until a detailed scheme for a Biodiversity and Ecology Enhancement Plan has first been submitted to and approved in writing by the Local Planning Authority. The details of the Plan shall include proposed ecological enhancement features including proposed installation of bird and bat boxes on the building and within the grounds. The development shall thereafter be undertaken in strict accordance with the approved details which shall be provided and made available for use prior to the first use of the development for the purposes hereby permitted. The features of the Plan shall be retained as such thereafter. The reason for the condition is:- For the enhancement of biodiversity and ecological assets, and in the interests of securing good design, in accordance with Policies CS09 and CS11 of the adopted Great Yarmouth Core Strategy (2015) and Policy E4 of the adopted Local Plan Part 2 (2021).
33.There shall be no use of the development for the purposes hereby permitted until a "Statement of Good Ecological Practice" has first been signed by a competent ecologist upon completion and review of the wildlife enhancement features contained in the Biodiversity and Ecology Enhancement Plan required by Condition 32 of this permission. The Statement shall be submitted to and approved in writing by the Local Planning Authority prior to the first use of the development, sufficient to confirm that the specified enhancement measures contained within the Plan have been implemented in accordance with good practice. The reason for the condition is:- In order to safeguard the ecological interests of the site in accordance with Policy CS11 of the adopted Great Yarmouth Core Strategy (2015) and the principles of the National Planning Policy Framework (2021).
34.There shall be no use of the development for the purposes hereby permitted until the Electric Vehicle (EV) Charging facilities (both the bays and associated charging apparatus) have first been installed, provided and made available for public use in accordance with the approved plans as listed at Condition 2 of this permission. The development shall provide two (2) rapid, eleven (11) active, and thirteen (13) passive EV charging bays in accordance with the layout and schedule. The EV charging facilities shall thereafter be maintained as such and retained for public use thereafter, and every two years from the first use of the development, a minimum of one passive space shall be converted into an active charging space until such time that all passive spaces are fully operational active spaces. The reason for the condition is:- In order to encourage the uptake of electric vehicles and minimise air pollution, increase the network of electric vehicle charging points and ease of access thereto for users of the development, and to promote travel to and from the site by means other than the combustion engine private car, and to ensure the development satisfies the necessary parking standards, in accordance with Policies CS1 and CS16 of the adopted Great Yarmouth Core Strategy (2015), policy I1 of the Local Plan Part 2 (2021), the Norfolk Local Transport Plan (2022), and the principles of the National Planning Policy Framework (2021).
35.There shall be no use of the development for the purposes hereby permitted until the proposed access, on-site car and cycle parking, and turning/waiting areas have first been laid out, demarcated, levelled, surfaced and drained in accordance with the approved layout plan, and these shall be retained thereafter available for that specific use. The reason for the condition is:- To ensure the permanent availability of the parking/manoeuvring areas, in the interests of satisfactory development and highway safety in accordance with Policy CS16 of the adopted Great Yarmouth Core Strategy (2015), Policy I1 of the adopted Great Yarmouth Local Plan Part 2 (2021) and the principles of the National Planning Policy Framework (2021).
36.No external lighting shall be erected within the development site unless full details of its design, location, orientation and level of illumination and luminescence have first been submitted to and approved in writing by the Local Planning Authority. Such lighting shall be kept to the minimum necessary for the purposes of security and site safety and shall prevent upward and outward light radiation. The specifications to be provided shall include appropriate mitigation to minimise the impacts on bats and disturbance to bat feeding corridors alongside and within the site. The lighting shall thereafter be implemented in strict accordance with the approved details and the mitigation measures included shall be installed prior to the use of the lighting and shall be retained as such thereafter. The reason for the condition is:- In order to safeguard visual and neighbouring amenity, the ecological interests of the site to improve the Borough's natural environment and to avoid any harmful impacts of development on its biodiversity, landscape assets, priority habitats and species in accordance with Policies CS09 and CS11 of the adopted Great Yarmouth Core Strategy (2015), policies A1 and E4 of the Local Plan Part 2 (2021) and the principles of the National Planning Policy Framework (2021).
37.There shall be no use of the development for the purposes hereby permitted until the solar panels shown in the approved drawings listed at Condition 2 of this permission have first been installed, made operational and brought into use. The development shall thereafter retain and maintain the solar panels for the duration of the development. The reason for the condition is:- The provision of PV and solar panels was proposed as an additional benefit of the development, and contributed to the permission being granted contrary to various provisions of the adopted development plan, and so the condition is imposed to ensure the development includes these features, in accordance with policies CS1 and CS9 of the adopted Great Yarmouth Core Strategy (2015), and the principles of the National Planning Policy Framework (2021).
38.There shall be no commencement of the development hereby permitted, including demolition of existing buildings, until the tree protection measures as detailed in the approved Tree Protection Plan drawing no. 21-108-03 Rev B have first been installed, to include the protective fencing and Construction Exclusion Zone which shall be installed and demarcated in the locations shown in the submitted and approved Tree Protection Plan drawing no. 21-108-03 Rev E. Notwithstanding the details of the Tree Protection Plan 21-108-03 Revision E, additional protective fencing shall be installed along the length of the application site perimeter to the west, north and north east boundaries, sufficient to prevent disturbance and harm to the areas of vegetation within the highways boundary adjoining the site. All protective measures shall be installed in strict accordance with BS 5837 (2012) - Trees in Relation to Design, Demolition and Construction. No fires, materials or debris storage, parking or other operations whatsoever shall be undertaken within the construction exclusion zone, and the protection measures shall be retained in situ for the duration of the development's construction period. The reason for the condition is:- To avoid any unnecessary loss of trees, harm or damage being caused to the wooded setting at the site during the construction process, and to ensure appropriate tree protection in the interests of protecting the visual amenity of the area, in accordance with Policy CS11 of the Great Yarmouth Core Strategy (2015) and Policy E4 of the adopted Great Yarmouth Local Plan Part 2 (2021).
39.Upon the first use of the development for the purposes hereby permitted the approved Travel Plan ref T001 Issue 3 dated 15 August 2023 shall be implemented and the Travel Plan Measures shall be introduced and promoted as set out at Chapter 5 of the approved Travel Plan. The Travel Plan shall thereafter be managed, issued and made available to all employees and staff within the development, and reviewed and updated to the timescales set out in the Travel Plan, in full accordance with the measures proposed at Chapters 6 and 8 of the approved Travel Plan document, for the duration of the development. The reason for the condition is:- To ensure that the development supports sustainable modes of transport and to reduce the impact of travel and transport on the environment in accordance with Policies CS1 and CS2 of the adopted Great Yarmouth Core Strategy (2015) and the principles of the National Planning Policy Framework (2021).
40.There shall be no undertaking of any demolition or construction work within the development site outside the hours of 0800 - 1800 Monday - Fridays and 0800 - 1300 on Saturdays. No development shall be undertaken on Sundays, Bank Holidays or Public holidays. The above restrictions shall apply only to works and all associated activities which are audible at the site boundary. For the duration of the demolition and construction periods, the contact details including accessible phone numbers for persons responsible for the site works, shall be made available on public display at the development site entrance, for the duration of the works. The reason for the condition is:- To protect the amenity of neighbouring properties and land uses in accordance with Policies A1 and E6 of the Great Yarmouth Local Plan Part 2 (2021).
41.The development the subject of this permission shall not be made available for use by the public / shall not be open to customers at any time outside the following hours: 0800 hours to 2200 hours on Mondays to Saturdays, and, 1000 hours to 1700 hours on Sundays and Bank Holidays or Public holidays. The reason for the condition is:- To protect the amenity of neighbouring properties and land uses, and to ensure the retail impacts of the development are broadly consistent with those of the existing retail store which has been assessed to be replaced by the proposed development, in accordance with policies CS6, CS7 and CS9 of the adopted Great Yarmouth Core Strategy (2015), and policies UCS7, R1 and A1 of the Great Yarmouth Local Plan Part 2 (2021).
42.No deliveries shall be taken at or dispatched from the site for the purposes of the development the subject of this permission outside the following hours: 0730 hours to 2230 hours on Mondays to Saturdays, and, 0900 hours to 1800 hours on Sundays and Bank Holidays or Public holidays. Where unloading and deliveries must occur between 0730 - 0830 and 2100 - 2230 vehicles shall only reverse using broadband reversing alarms or with other forms of reversing alarms disabled and a banksman employed to provide appropriate safety assessment. The reason for the condition is:- To protect the amenity of neighbouring properties and land uses, and to ensure the possible highways impacts of the development are not focussed on the peak hours of use of the local highways network, and to provide a degree of consistency of approach with the permitted delivery hours of the existing retail store which has been assessed to be replaced by the proposed development so as to control the retail impacts of the development, in accordance with policies CS6, CS7, CS9 and CS16 of the adopted Great Yarmouth Core Strategy (2015), and policies UCS7, R1 and A1 of the Great Yarmouth Local Plan Part 2 (2021), and the principals of the NPPF.
43.The development hereby permitted shall only be used as a Class E(a) retail foodstore and shall be restricted to a 'Limited Assortment Discounter' and shall be used for no other purpose falling within Class E of the Town and County Planning (Use Classes) (Amendment) Regulations 2020 (or any order revoking or re-enacting or amending that order with or without modification). A 'Limited Assortment Discounter' shall be taken to mean the sale of no more than 4,000 individual product lines. The reason for the condition is: - For the avoidance of doubt and to ensure that the development hereby permitted does not have a negative impact on the vitality and viability of nearby defined centres in the locality in accordance with the NPPF and Development Plan.
44.INFORMATIVE NOTE: PLANNING OBLIGATIONS: This permission is the subject of an associated Section 106 Agreement made under Section 106 of the Town and Country Planning Act (1990) as amended, to ensure appropriate planning obligations are fulfilled and to address planning policy and natural environment protection requirements. The planning obligations cover the terms of opening and operation of this development and an existing retail store on Pasteur Road currently operated by the applicant. The Section 106 Agreement deed is dated 31 July 2023.
45.INFORMATIVE NOTE: Highways works - The applicant and developer are advised that the works to make the development acceptable in highways safety terms will require a Section 278 Highways Act Agreement (or similar). The proposals in the approved plans of the planning permission demonstrate that a suitable highway layout is achievable in principle. It does however appear that at the southeast extent, the proposed carriageway and footway alignment may need to be clarified to ensure it does not require land both outside the highway and the development red-line location plan for the Highway Authority to be assured the proposed scheme is buildable, with particular regard to the ability to provide visibility splays to the minimum distances shown on the approved layout plan. The layout will as a minimum require dropped kerbs with tactile paving both at the pedestrian route across the access bellmouth and either side of the crossing refuge, and other details will require revision. The highway designs will, in line with standard process, require formal technical review including road safety audit, prior to NCC entering in to a S278 agreement to enable delivery of the works.
46.INFORMATIVE NOTE: Drainage works and consents - The applicant and developer are advised that the site is within the Internal Drainage District (IDD) of the Waveney, Lower Yare and Lothingland Internal Drainage Board (IDB) ('the Board') and therefore the Board's Byelaws apply. For further information on the Board's area, the designation of watercourses as riparian or Board-Adopted, and the Board's Byelaws please contact the IDD. The adoption of a watercourse is an acknowledgement by the Board that the watercourse is of arterial importance to the IDD and as such will normally receive maintenance from the IDB. In order to avoid conflict between the planning process and the Board's regulatory regime and consenting process please be aware of the following: - The IDD notes that the applicant intends to discharge surface water to a watercourse, with no other means of draining the site readily available or discussed. The proposed development will require land drainage consent in line with the Board's byelaws (specifically byelaw 3). Any consent granted will likely be conditional, pending the payment of a Surface Water Development Contribution fee, calculated in line with the Board's charging policy. (available at https://www.wlma.org.uk/uploads/WMA_Table_of_Charges_and_Fees.pdf ). - The IDD notes the presence of multiple watercourses which have not been adopted by the Board (a riparian watercourse) within the site boundary. Whilst not currently proposed, should the applicant's proposals change to include works to alter the riparian watercourse, consent will be required under the Land Drainage Act 1991 (and byelaw 4). Whilst the consenting process as set out under the Land Drainage Act 1991 and the aforementioned Byelaws are separate from planning, the ability to implement a planning permission may be dependent on the granting of these consents.
47.INFORMATIVE NOTE: Works in the public highway - 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. Advice on this matter can be obtained from the County Council's Highways Development Management Group. 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 Applicants own expense. The off-site works will be delivered by a Section 278 Agreement and the precise delivery mechanism will be determined as the works are brought forward. The applicant should be aware that there may be additional costs relating to the off-site works which will include a commuted maintenance amount as well as various fees including administration and supervision. The completed works will be subject to a Safety Audit and additional works may be required. Further information on the delivery of highway works can be found under Highways and Transport: Post-planning processes at the following link: https://www.norfolk.gov.uk/rubbish-recycling-and-planning/planning-applications/highway-guidance-for-development/publications
48.INFORMATIVE NOTES: - (a) The applicant is advised that businesses require a Trade Waste contract to dispose of all waste associated with commercial activities as stated in the Environmental Protection Act 1990, Section 34. (b) 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. (c) 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. (d) 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. (e) The applicant should ensure that adequate and suitable provision is made for the surface water drainage of the proposed development. Under no circumstances should the surface water be connected into the foul drainage system without the permission if Anglian Water. It should be noted that it is the applicant's/developer's responsibility to ensure adequate drainage of the site so as not to adversely affect surrounding land, property or the highway. (f) If the developer wishes to connect to Anglian Water's sewerage network they should serve notice under Section 106 of the Water Industry Act 1991. They will then advise of the most suitable point of connection. Contact Development Services Team 0345 606 6087. (g) Protection of existing assets - A public sewer is shown on record plans within the land identified for the proposed development. It appears that development proposals will affect existing public sewers. It is recommended that the applicant contacts Anglian Water Development Services Team for further advice on this matter. Building over existing public sewers will not be permitted (without agreement) from Anglian Water. (h) Building near to a public sewer - No building will be permitted within the statutory easement width of 3 metres from the pipeline without agreement from Anglian Water. Please contact Development Services Team on 0345 606 6087. (i) The developer should note that the site drainage details submitted have not been approved for the purposes of adoption. If the developer wishes to have the sewers included in a sewer adoption agreement with Anglian Water (under Sections 104 of the Water Industry Act 1991), they should contact their Development Services Team on 0345 606 6087 at the earliest opportunity. Sewers intended for adoption should be designed and constructed in accordance with Sewers for Adoption guide for developers, as supplemented by Anglian Water's requirements. (j) The preferred method of surface water disposal is to a sustainable drainage system (SuDS) with connection to sewer seen as the last option. Building Regulations (part H) on Drainage and Waste Disposal for England includes a surface water drainage hierarchy, with infiltration on site as the preferred disposal option, followed by discharge to watercourse and then connection to a sewer. (k) The developer is reminded that it is an offence to allow materials to be carried from the site and deposited on or damage the highway from uncleaned wheels or badly loaded vehicles. The Highway Authority will seek, wherever possible, to recover any expenses incurred in clearing, cleaning or repairing highway surfaces and prosecutes persistent offenders. (Highways Act 1980 Sections 131, 148, 149.) (l) The Bat Conservation Trust and The Institution of Lighting Professionals (ILP) have produced new guidance on bats and lighting which you are recommended to follow: https://www.theilp.org.uk/documents/guidance-note-8-bats-and-artificial-lighting/