Great Yarmouth Borough Council Portal
No.Condition Text
1.The development shall be carried out in accordance with the application form and following approved plans as approved under 06/21/1018/CU: a) Unreferenced Drawing entitled Application Plan & Concession Zones (submitted as the Location Plan and zones for the concession units), (undated); b) Drawing Number MH/10023464346/001, entitled Block Plan (submitted to illustrate individual stall site layout example, with dimensions of stall areas), dated December 2021; c) Sample Barrier Image (unreferenced, untitled and undated). The reason for the condition is:- For the avoidance of doubt.
2.There shall be no more than three (3 no.) mobile concession units stationed within and operating from the application site shown on approved plan ref: Application Plan and Concession Zones (as submitted and approved under 06/21/1018/CU), at any one time. The concession units shall not be stationed outside the three areas identified as the Concession Zones shown on the approved 'Application Plan & Concession Zones' plan. For the avoidance of doubt, this does not prejudice the continued parking of a single ice cream van selling ice-cream to the public all year round, between 10am and 6pm on any day, in accordance with the terms of planning permission 06/10/0616/F. The reason for the condition is:- In order to ensure satisfactory off-street parking facilities are retained, and to minimise the impact up on the conservation area (No.17 Gorleston Seafront), and to minimise the impact on local residential amenity in accordance with Policies R7, A1 and E5 of the adopted Great Yarmouth Local Plan Part 2 (2021).
3.(A) This permission shall enure for the stationing of up to three (3 no.) mobile concession units only, at any one time. (B) The car park shall not be used for the stationing of hot food takeaway mobile concession units or retailing (other than the sales of hot drinks from a single concession unit in accordance with part C of this condition) for any more than 190 days per year, and these uses shall not take place at any time between 30th September and 01st March the following year. (C) Hot food takeaway mobile concession units shall not be stationed at, operated from, or undertake sales to the public from the site outside the hours of: - 08:00 to 18:00 Monday to Saturday, between 01 March - 30th April inclusive; - 08:00 - 20:00 Monday to Saturday, between 01 May - 30th September inclusive; and, - 08:00 - 16:00 on any Sunday, and Bank or Public Holiday in any year during these months. (D) There shall no use of the car park for the stationing of hot drinks sales concession units between 01st February and 28th February inclusive in any year. (E) Hot drink sales mobile concession units shall not be stationed at, operated from, or undertake sales to the public from the site outside the hours of: - 07:30 to 18:00 Monday to Saturday, between 01 March - 30th April inclusive; - 07:30 - 20:00 Monday to Saturday, between 01 May - 31st January inclusive; and, - 07:30 - 16:00 on any Sunday, and Bank or Public Holiday in any year during these months when the hot drink sales use is permitted by this condition. (F) At no time between 30th September and 31st January the following year shall the car park be used for the stationing of any more than a single concession unit selling hot drinks. (G) A log of all occasions of use by all mobile concession units operating within the car park shall be retained by the applicant and shall be made permanently available for inspection at any time by the Local Planning Authority. The reason for the condition is :- To enable the Local Planning Authority to retain control over the use of the site because the main town centre retailing uses proposed should ordinarily be directed to defined local centres unless evidence justifies their location elsewhere, but in this instance the limited retail offer is considered appropriate to enhance a tourism offer and provide a visitor attraction in line with Local Plan Part 2 policy L2, whilst being necessary to avoid a detrimental impact on local centres sites, and in the interests of minimising the impact on the residential amenities of occupiers of nearby dwellings in accordance with Policies R7 and A1 of the adopted Great Yarmouth Local Plan Part 2 (2021).
4.Mobile concession units providing hot food takeaway use (sui generis use) (note, this does not include hot drinks) shall be located only in the 2no. Concession Zones proposed on the eastern side of the car park application site. Hot food takeaway concession units shall not at any time be located within the Concession Zone on the western side of the car park application site, as shown within the approved plan reference 'Application Plan & Concession Zones'. The reason for the condition is :- In the interests of protecting the residential amenities of the occupiers of nearby dwellings in accordance with Policies R7 and A1 of the adopted Great Yarmouth Local Plan Part 2 (2021).
5.The mobile concession units hereby approved shall not be larger in area than one demarcated parking space measured at 2.5m wide by 5.5m length as shown on approved plan reference MH/10023464346. Concession units shall occupy only one parking space at any one time and shall only be sited within a single parking space. The reason for the condition is :- In order to minimise the loss of available parking spaces, to avoid a detrimental impact on the local traffic network, and to ensure satisfactory off-street parking facilities remain in place for visitor parking in accordance with Policies R7 and A1 of the adopted Great Yarmouth Local Plan Part 2 (2021).
6.The mobile concession units utilising the concession zones operating pursuant to this permission shall not exceed 3m in height at any time. The reason for the condition is :- To protect the visual impacts of the setting of the historic environment within Conservation Area No. 17 Gorleston Seafront in accordance with Policy E5 of the adopted Great Yarmouth Local Plan Part 2 (2021).
7.All mobile concession units shall be removed from the Gorleston Cliff Top Car Park when not in use. No mobile concession units shall be parked anywhere within the car park application site nor the adjoining car park outside the application site outside the permitted hours of use. All concession units shall be removed from the car park within 30 minutes of the end of the permitted hours of trading use set out within the Conditions of this permission. The reason for the condition is :- In the interest of the visual impacts of the setting of the historic environment within Conservation Area No. 17 Gorleston Seafront in accordance with Policy E5 of the adopted Great Yarmouth Local Plan Part 2 (2021).
8.No mobile concession units operating pursuant to this permission shall include or use any externally located generators. The reason for the condition is :- In the interest of protecting the amenity of nearby dwellings and minimising noise and air pollution in accordance with Policies R7 and A1 of the adopted Great Yarmouth Local Plan Part 2 (2021).
9.Each individual mobile concession unit parking area, as shown in approved plan reference MH/10023464346, shall at all times be demarcated with appropriate division between adjoining parking spaces, in accordance with the intention proposed within the approved 'sample barrier image' detail approved under 06/21/1018/CU. The barriers shall be installed and retained for the full duration of the period that the mobile concession unit(s) is in use. The site management / car park operators shall ensure that these are installed before the commencement of the use on each occasion of a concession unit being stationed within the site, and shall ensure that these are removed by site management at the cessation of each concession unit's parking within the site. The reason for the condition is :- To allow suitable separation between the users of the mobile concessions and the moving traffic and to ensure there is minimal disruption to the availability of parking spaces within the site in accordance with Policies R7 and A1 of the adopted Great Yarmouth Local Plan Part 2 (2021).
10.Each mobile concession unit operating pursuant to this permission shall be responsible for providing a refuse bin for use by its customers during its hours of operation, and shall be responsible for removing the waste from the site after each use for appropriate disposal. The reason for the condition is :- In the interests of the amenity of local residents and businesses and to protect the visual attraction and amenity of the area, to ensure a satisfactory form of development, and to ensure the development is accountable for its own waste and to not increase pressure on existing facilities in and around the application site in accordance with Policies R7 and A1 of the adopted Great Yarmouth Local Plan Part 2 (2021).
11.With the exception of a single temporary sandwich board / 'A'-frame board per concession unit, there shall be no signage, banners, separate stalls, picnic benches, tables or chairs installed associated with the use without first gaining the express written permission from the Local Planning Authority. The reason for the condition is :- In the interest of protecting the visual quality of the setting of the historic environment within Conservation Area No. 17 Gorleston Seafront, to avoid creating a sense of permanent retailing activity, and to protect the visual amenities of the adjacent residential properties in accordance with Policies R7 and A1 of the adopted Great Yarmouth Local Plan Part 2 (2021).
12.There shall be no use of amplified music or amplified tannoy systems associated with the use or as part of any mobile concession unit operating pursuant to this permission. The reason for the condition is :- In the interests of the residential amenities of the occupiers of nearby dwellings in accordance with Policies R7 and A1 of the adopted Great Yarmouth Local Plan Part 2 (2021).
13.REASON FOR APPROVAL OF THE APPLICATION :- The proposal satisfies the criteria of adopted Policies R7, L2 and A1 of the Local Plan Part 2 and is consistent with the aims set out in Core Policies CS6, CS8 and CS16 of the adopted Core Strategy.
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.