Great Yarmouth Borough Council Portal
No.Condition Text
1.The development must be begun not later than 3 years beginning with the date of this permission. The reason for the condition is:- Required to be imposed pursuant to Section 51 of the Planning and Compulsory Purchase Act 2004.
2.The use hereby permitted shall be undertaken at ground floor level of the development only, and no permission has been conferred or implied to the use extending to any of the upper floors of the development. The reason for the condition is :- For the avoidance of doubt to ensure the development operates commensurate with the scale of development considered in the application, and in the interests of maintaining the amenity of nearby residential uses and dwellings.
3.The development shall be carried out in accordance with the following plans received by the Local Planning Authority on 4th January 2023: - Block Plan of Site - Proposed Premises Plan - Proposed Front Elevation. The reason for the condition is:- For the avoidance of doubt.
4.The premises shall not be open for business outside of the following hours:- 11:00 to 23:00 Mondays 11:00 to 23:00 Tuesdays 11:00 to 23:00 Wednesdays 11:00 to 23:00 Thursdays 11:00 to 23:00 Fridays 11:00 to 23:00 Saturdays 11:00 to 23:00 on Sundays or Public or Bank Holidays. The reason for the condition is :- In the interests of the residential amenities of the occupiers of nearby dwellings.
5.The development hereby permitted shall be carried out incorporating the measures to mitigate the risk from flooding set out in the applicant's Flood Risk Assessment dated August 2023 received by the Local Planning Authority on 11th September 2023. (REF: 3259/RE/08-23/01) by Evans River and Coastal Ltd. There shall be no use of the development hereby permitted until the measures have been provided in full accordance with the mitigation strategy recommendations set out in the approved flood risk assessment. The reason for the condition is :- To ensure that mitigation measures are undertaken as the property is located within an area at risk of flooding.
6.No use of the development shall take place until details of sound insulation measures to be installed in order to prevent noise transmission from the building to nearby receptors (which appear to be residential above and adjoining the proposed development) have first been submitted and approved in writing by the Local Planning Authority. No occupation or use of the development shall take place until the sound insulation measures have been implemented in full accordance with the approved details. The reason for the condition is :- To ensure adequate protection is installed between different uses to avoid unacceptable noise and disturbance and detriment to residential amenity.
7.The development hereby permitted shall not be occupied until such time as adequate facilities for the storage and collection of refuse and recycling have first been provided in full accordance with details which have been first submitted to and approved in writing by the Local Planning Authority. The details to be submitted shall include details of the following: refuse collection vehicle access, waste storage compounds and waste storage capacity. The scheme shall be provided and retained thereafter in full accordance with the approved details. The reason for the condition is :- To ensure the development has suitable storage facilities and access for refuse vehicle collection in accordance of the use commencing, and to ensure the protection of surrounding residential amenity.
8.The shall be no commencement of the use hereby permitted until the full details of a scheme for a kitchen extractor system with associated noise, odour and fume reduction measures have been first submitted to and approved in writing by the Local Planning Authority. The scheme submitted shall include: 1. The exact location of the equipment as shown on a plan; 2. The exact specifications and appearance of the equipment and its position on the building in elevation drawings; 3. Relevant noise data sheets and any measures required to control noise from the equipment; 4. Full details of the odour management/ filtration system of the equipment; and, 5. Full details of the necessary maintenance schedule and timescales thereof. The scheme as approved shall be installed, used and maintained in accordance with the manufacturer's specification/instructions prior to the commencement of use hereby permitted, and shall be maintained thereafter in accordance with the maintenance requirements and schedule, for so long as the use continues. The reason for the condition is :- To control the noise and odour emitted from the site in the interests of protecting the residential amenity of neighbouring dwellings and maintaining the character and appearance of the site and surrounding conservation area.
9.REASON FOR APPROVAL OF THE APPLICATION :- The proposal meets the criteria for proposed changes of use in this location set out in Policies CS2, CS6, CS8,CS9, CS10 and CS13 of the adopted Core Strategy and Policies GSP1, GY6, A1 and R7 of the adopted Part 2 Local Plan.
10.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.
11.INFORMATIVE NOTES: 1 - Asbestos Note: 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) 2 - Trade Waste: 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. 3 - Fire Safety: You are advised to undertake a fire risk assessment for the development hereby approved. Please contact the County Fire officer for advice and assessment of such an assessment at: NORFOLK FIRE & RESCUE SERVICE Group Manager Eastern Friars Lane GREAT YARMOUTH, NR30 2RP Tel: (01493) 843212 Website: www.norfolk.gov.uk/safety/norfolk-fire-and-rescue-service