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 following plans received by the Local Planning Authority on the 8th July 2022: - Site Location Plan: P01 A - Proposed Site Plan: P03 D - Arboricultural Impact Assessment: OAS 22-152-AR01 Rev A June 2022 (schedule of tree works and tree protection measures) - Bat Survey: SUMMER BAT ROOST CHARACTERISATION SURVEYS FOR PROPOSED DEMOLITION AND REPLACEMENT OF MAINTENANCE BUILDINGS AT WILD DUCK HAVEN HOLIDAY PARK, BELTON, GREAT YARMOUTH, NR31 9NE (dated October 2022) - Email from Anna Riglesford dated the 24/11/2022 (sent at 09:28) regarding surface water drainage. The reason for the condition is:- For the avoidance of doubt.
3.If demolition of the existing building within the site has not commenced by 30th September 2023, no demolition works shall be undertaken until an updated bat survey and amended bat habitat mitigation / compensation scheme have first been submitted to and agreed in writing by the Local Planning Authority prior to any works of demolition taking place. The development shall thereafter be undertaken in strict accordance with the details thereby approved. The reason for the condition is :- As the suitability of the site for protected species may have changed since the previous bat survey was undertaken, and the survey is required to ensure there would be no additional harm caused to protected species.
4.The seven holiday units of accommodation hereby approved shall be occupied for holiday purposes only and shall not be occupied as a person's sole or main place of residence. The owners/operators of the site shall maintain an up to date register of the names of all owners/occupiers of individual lodges on the site and of their main home addresses and shall make this information available at all reasonable times to the Local Planning Authority upon request of inspection. The reason for the condition is:- To ensure that the holiday units are not occupied as permanent residential accommodation as this would be contrary to Local and National Planning Policy.
5.Works shall not in any circumstances commence until the following matters have first been submitted and approved in writing by the Local Planning Authority: - evidence that an appropriate protected species licence has first been issued by Natural England pursuant to regulation 55[1] Conservation of Species and Habitats Regulations 2017 (as amended) authorising the specified activity/development to go ahead; and, - evidence of the approved bat habitat mitigation specification required by the license having been installed and made available for use. The development shall thereafter proceed in accordance with those details and the mitigation / compensation measures shall be retained in perpetuity in strict accordance with the details thereby approved. The reason for the condition is :- In the interests of protected species on the site. NOTE: Due the presence of a notable summer maternity roost it is possible that Natural England will require proof that the new maternity roost provided is being used prior to disturbance/mechanical destruction of the existing roost site in the building to be demolished. An EPS license application should normally be supported by at least one summer dusk/dawn survey within the last 12 months.
6.No development shall take place (including any demolition, ground works or site clearance) until a method statement for the demolition of the building containing the bat roost has first been submitted to and agreed in writing by the Local Planning Authority. The development shall thereafter take place in accordance with the approved details. All works of demolition shall include being undertaken with the oversight of a licensed bat worker. The reason for the condition is :- In the interests of protected species on the site.
7.No development shall take place (including any demolition, ground works or site clearance) until a Construction Environmental Management Plan (CEMP: Biodiversity) has first been submitted to and approved in writing by the Local Planning Authority. The CEMP shall include the following : · Risk assessment of potentially damaging construction activities; · Identification of 'biodiversity protection zones'; · Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction; · The location and timing of sensitive works to avoid harm to biodiversity features; · The times during construction when specialist ecologists need to be present on site to oversee works; · Responsible persons and lines of communication; · The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person; · Regard to and inclusion of the European Protected Species licence requirement for mitigation. The approved CEMP: Biodiversity shall be adhered to and implemented throughout the construction phases strictly in accordance with the approved details. The reason for the condition is :- In the interests of mitigating the impact on ecological receptors on the site.
8.No development shall take place (including any demolition, ground works or site clearance) until a Biodiversity Enhancement Plan has first been submitted to and approved in writing by the Local Planning Authority, detailing the proposed enhancement measures for biodiversity on site. The Biodiversity Enhancement Plan should include locations of bird boxes, bat boxes and other habitat enhancements. The measures shall be carried out strictly in accordance of the approved scheme. A 'Statement of Good Practice' shall be signed upon completion by the competent ecologist, and be submitted to the LPA, confirming that the specified enhancement measures have been implemented in accordance with the proposed good practice upon which the planning consent was granted. The content of the Biodiversity Enhancement Plan will include: · Purpose and objectives for the proposed works, · Detailed designs and/or working methods necessary to achieve the stated objectives · Extent and location of proposed works shown on appropriate scale maps and plans, · Timetable for implementation, demonstrating that works are aligned to the proposed phasing of construction, · Persons responsible for implementation of the works, · Initial aftercare and long-term maintenance (where relevant); · Disposal of any wastes arising from works. The works shall be carried out strictly in accordance with the approved details and shall be retained in that manner thereafter. The reason for the condition is :- In the interests of securing biodiversity enhancements on the site. NOTE: The following is suggested to be incorporated into the Biodiversity Enhancement Plan: Bat Boxes: 3 x Eco-roost Kent bat boxes at least 5m off ground level. 2 x Eco-roost double chamber Hibernation boxes at least 5m off ground level, and 1 x Large (possibly heated) squeeze box as replacement for the maternity roost. Bird Boxes: 1 x Eco-Roost bird box (32mm), 1 x Eco-Roost bird box (28mm), 1 x Eco-Roost deep nest box, 1 x Eco-Roost double house sparrow box, and 1 x Eco-Roost Barn Owl box.
9.No external lighting shall be installed until a 'lighting design strategy for biodiversity' for bat roost features (artificial) has been submitted to and approved in writing by the local planning authority. The strategy shall: · Identify those areas/features on site that are particularly sensitive for bats and that are likely to cause disturbance in or around their breeding sites and resting places or along important routes used to access key areas of their territory, for example foraging; and · Show how and where external lighting will be installed (through the provision of appropriate lighting contour plans and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory or having access to breeding sites, resting places or feeding areas. All external lighting shall thereafter be installed in accordance with the specifications and locations set out in the approved lighting strategy, and these shall be maintained thereafter in accordance with the approved strategy. Under no circumstances should any other external lighting be installed without prior written consent first being granted by the local planning authority. The reason for the condition is :- To mitigate the impact on protected species.
10.Occasionally European protected species, such as bats, can be found during the course of development even when the site appears unlikely to support them or after an ecological survey has found no previous evidence of them. In the event that this occurs, the developer must stop work immediately and seek the advice of a suitability qualified ecological consultant and/or the relevant statutory nature conservation organisation. The reason for the condition is: In accordance with the requirements of the adopted Core Strategy Policy CS11 and paragraph 118 of the National Planning Policy Framework, and for the undertaking of the council's statutory function under the Natural Environment and Rural Communities Act (2006).
11.Surface water drainage within the site shall only be accommodated within the existing natural drainage regime within the vicinity of the site and disposal via the main sewer shall not occur, as proposed in the email from Anna Riglesford dated the 24/11/2022 (sent at 09:28) regarding surface water drainage. The reason for the condition is :- To prevent surface water drainage into the mains sewer contrary to the aims of Core Strategy Policy CS13 and to be in accordance with the proposals submitted by the agent in their email dated the 24/11/2022 (sent at 09:28).
12.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.
13.REASON FOR APPROVAL OF THE APPLICATION :- The proposal meets the aims of LPP2 policy L1 and has addressed other policies and material considerations.
14.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. It is confirmed that this shadow HRA submitted by the applicant has been assessed as being suitable for the Borough Council as competent authority to use as the HRA record for the determination of the planning application, in accordance with the Conservation of Habitats and Species Regulations 2017. In this instance the Borough Council has considered there is no likely significant effect on protected habitats arising solely from the development itself; and the development would contribute to the overall in-combination significant adverse effect identified by the Habitats Regulations Assessment Report for the Local Plan Core Strategy, but this effect can be adequately mitigated by the Habitats Monitoring and Mitigation Strategy; and that Strategy requires a payment of £185.93 per each additional dwelling / dwelling equivalent towards the monitoring and mitigation provided through that Strategy.
15.NOTES - Please read the following notes carefully:- The developer is reminded that prior to any refurbishment commencing on site the building/s to be refurbished are required to be surveyed for the presence of asbestos containing materials in accordance with the Control of Asbestos Regulations 2012. Any asbestos containing materials which are identified shall be managed or removed in accordance with the above regulations and waste regulations. Failure to comply with these regulations could result in prosecution by the relevant authority. The uncontrolled refurbishment of buildings could result in the contamination of soils on site and in the vicinity of the demolition. This could cause the investigation of the site under Part 2A of the Environmental Protection Act 1990, which may result in the determining of the site as Contaminated Land. For further help and advice in respect of asbestos removal the applicant/agent is advised to contact the Health and Safety Executive (HSE) on 0845 345 0055 (www.hse.gov.uk/asbestos) Construction noise notification: 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.
16.NOTES - Please read the following notes carefully:- 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.
17.NOTES - Please read the following notes carefully:- Construction work shall not take place outside the following hours:- 08:00 to 18:00 Mondays 08:00 to 18:00 Tuesdays 08:00 to 18:00 Wednesdays 08:00 to 18:00 Thursdays 08:00 to 18:00 Fridays 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)