Great Yarmouth Borough Council Portal
No.Condition Text
1.The development hereby permitted must be begun not later than the expiration of eighteen (18) months from the date of this decision, being 28 September 2025. Reason: The time limit condition is imposed in order to comply with the requirements of Section 92 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004, to achieve consistency with the outline planning permission, and to secure timely and swift delivery of housing in light of the Borough Council's housing land supply situation at the time of the decision being made to grant outline planning permission.
2.The development shall be carried out in accordance with the following revised documents and drawing numbers listed below received by the Local Planning Authority on: 27 March 2024: · ORM1-2.101 rev E - Planning Layout · ORM1-2.102 rev E - External Works Layout · 1035.100.001 rev A - Refuse Vehicle Tracking · 1035.100.002 rev A - Fire Tender Vehicle Tracking 25 March 2024: · ORM1-2.103 rev D - Materials Plan · ORM1-2.223 rev C - Floor Plans Type 2063 Plot 14 and 37 · ORM1-2.224 rev B - Elevations 1 Type 2063 Plots 14 and 37 · ORM1-2.225 rev C - Elevations 2 Type 2063 Plots 14 and 37 29 February 2024: · L22414-TLP-PA01 rev B - Landscape Strategy plan · L22414-TLP-Landscape Strategy document - Rev. B February 2024 06 December 2023: · ORM1-2.207 rev B - Floor Plans Type 1550 Plots 12h, 15, 38 · ORM1-2.208 rev B - Elevations Type 1550 plots 12h, 15, 38 · ORM1-2.223 rev B - Floor Plans Type 2063 Plot 37 · ORM1-2.224 rev A - Elevations 1 Type 2063 Plot 37 · ORM1-2.225 rev B - Elevations 2 Type 2063 Plot 37 · ORM1-2.303 rev A - Floor Plans Type 631, 1029 Plots 22-24 · ORM1-2.304 rev A - Elevations Type 631, 1029 Plots 22-24 · ORM1-2.305 rev A - Floor Plans Type 859 Plots 25-26 · ORM1-2.306 rev A - Floor Plans and Type 859 Plots 25-26 · ORM1-2.401 rev A - Garage 1 Plans and Elevations Plots 11, 15, 31, 36, 38 05 December 2023: · ORM1-2.030 - Site Location Plan · ORM1-2.201 - Floor Plans Type 1550 Plots 8, 33h · ORM1-2.202 - Elevations Type 1550 Plots 8, 33h · ORM1-2.203 - Floor Plan Type 1040 Plots 9-10, 29-30 · ORM1-2.204 - Elevation Type 1040 Plots 9-10, 29-30 · ORM1-2.205 - Floor Plan Type 1317 Plots 11, 36h · ORM1-2.206 - Elevations Type 1317 Plots 11, 36h · ORM1-2.209 - Floor Plan Type 1687 Plot 13 · ORM1-2.210 - Elevations Type 1687 Plot 13 · ORM1-2.213 - Floor Plan Type 919 Plots 16-18 · ORM1-2.214 - Elevations Type 919 Plots 16-18 · ORM1-2.215 - Floor Plan Type 832 Plots 27-28 · ORM1-2.216 - Elevations Type 832 Plots 27-28 · ORM1-2.217 - Floor Plans Type 1550 Plot 31 · ORM1-2.218 - Elevations Types 1550 Plot 31 · ORM1-2.219 - Floor Plans Type 2063 Plot 38 · ORM1-2.220 - Elevations Type 2063 Plot 38 · ORM1-2.221 - Floor Plan Type 1317 Plot 32 · ORM1-2.222 - Elevations Type 1317 Plot 32 · ORM1-2.223 - Floor Plans Type 2063 Plot 38 · ORM1-2.226 - Floor Plan Type 1197 Plots 39, 40h · ORM1-2.227 - Elevations Type 1197 Plots 39, 40h · ORM1-2.301 - Floor Plans Type 859 - Plots 19, 20-21 · ORM1-2.302 - Elevations Type 859 Plots 19, 20-21 · ORM1-2.402 - Floor Plan and Elevations Garage Type 2 Plots 14,34,35 · ORM1-2.403 - Floor Plan and Elevations Garage Type 3 Plots 12-13,32-33,39-40 · Updated Ecological Appraisal (dated 2.2.23) Reason: For the avoidance of doubt.
3.Prior to the first occupation/use of the development hereby permitted the proposed access, on-site car and cycle parking and turning areas shall be laid out, demarcated, levelled, surfaced and drained in accordance with the approved plan (Drg No. ORM 1-2.101E Revised Site Layout Plan) and retained thereafter available for that specific use. Reason: To ensure the permanent availability of the parking/manoeuvring areas, in the interests of satisfactory development and highway safety.
4.The development shall be undertaken in strict accordance with the following details of the surface water drainage scheme for the development which shall be completed and made operational and available for use prior to the first residential occupation of the development, in accordance with the following approved plans, details and specifications: - Level and Drainage Strategy 1 of 3 - Foster Close Ormesby St Margaret - Ingent Consulting Engineers Ltd - Ref: SK001G Rev: G 06.03.24. - Level and Drainage Strategy 2 of 3 - Foster Close Ormesby St Margaret - Ingent Consulting Engineers Ltd - Ref:SK002F Rev: F 06.03.24. - Preliminary Contributing Areas 1 of 2 - Foster Close Ormesby St Margaret - Ingent Consulting Engineers Ltd - Ref: SK004B Rev: B 06.03.24. - Preliminary Contributing Areas 2 of 2 - Foster Close Ormesby St Margaret - Ingent Consulting Engineers Ltd - Ref: SK005B Rev: B 06.03.24. - Drainage calculations titled 'TP02+10YR+CC' - Foster Close Ormesby St Margaret - Ingent Consulting Engineers Ltd - Dated: 27.02.24. - Drainage calculations titled 'Private soakaways and drives' - Foster Close Ormesby St Margaret - Ingent Consulting Engineers Ltd - Dated: 27.02.24. - Email from Agent to LPA - Dated: 05.03.24. Reason: In the interests of the satisfactory development of the site, provision of infrastructure, protection from flooding and reduction of flood risk, and protection of residential amenity. To prevent flooding in accordance with National Planning Policy Framework objectives by ensuring the satisfactory management of local sources of flooding surface water flow paths, storage and disposal of surface water from the site in a range of rainfall events and ensuring the SuDS proposed operates as designed for the lifetime of the development.
5.Unless otherwise first agreed in writing by the Local Planning Authority all dwellings shall be constructed in accordance with the External Works Layout (Drawing no ORM1-2-102.E), Planning Layout (ORM1.2.101.E) and Materials Plan (ORM1-2.103.C), and all dwellings shall be constructed to achieve the following specifications: - Compliance with Building Regulations Part M4 Category 2 - accessible and adaptable dwellings; - Limiting water consumption through installation of water efficiency measures which restrict useage to no more than 110 litres per person per day; - Provision of electric vehicle charging points as shown on the plan and in accordance with the details approved under condition 8 of outline permission 06/20/0156/O; - Boundary Treatments as shown on the plans; and - External Materials as shown on the plans. Reason: To ensure the proper development of the site in making provision for the demand for electric vehicle charging within the lifetime of the development, to ensure homes are designed to be adaptable to meet current and future needs, and to achieve a higher water efficiency standard all in accordance with Policies I1, A2 and E7 of Great Yarmouth Local Plan.
6.The soft landscaping as set out in the Landscaping Strategy by the Landscaping Partnership and related Landscaping Ref nos (L22414-TLP-PA01-B, L22414-TLP-Landscape Strategy-B received on 29 February 2024) shall be carried out within the first available planting season following the commencement of the development (or in accordance with a programme of planting to be first agreed in writing by the Local Planning Authority). Notwithstanding the detail shown on the approved plans, there shall be no commencement of development beyond foundation / DPC / slab level until details of the proposed additional planting and management of the hedge along the eastern boundary of the site have first been submitted to and approved in writing by the Local Planning Authority. The development shall be undertaken in accordance with the details as approved. The planting shall be carried out as approved. If within a period of TEN YEARS from the date of planting any tree or plant or any tree or plant planted in replacement for it, is removed, uprooted or is destroyed or dies, (or becomes in the opinion of the Local Planning Authority, seriously damaged or defective) another tree of the same species and size as that originally planted shall be planted at the same place, unless the Local Planning Authority gives its written consent to any variation. Reason: In the interests of the satisfactory appearance of the development in accordance with Policies CS9 and E4 of Great Yarmouth Local Plan.
7.In the event that site clearance pursuant to this development is not undertaken before 01 June 2024, no development shall be undertaken after 01 June 2024 without a protected species survey first being undertaken and the results submitted to and approved in writing by the Local Planning Authority, with the details of the survey report including mitigation measures for protection of any protected species present within the site. The development shall thereafter be carried out only in strict accordance with the protection and mitigation measures specified within the approved survey report. Reason: In the interests of protecting and if necessary relocating protected species, to be undertaken with regard to any district level licence consents at the site pursuant to this development.
8.All ecological mitigation and enhancement measures and/or works undertaken prior to June 2024 shall be carried out in strict accordance with the details contained within the updated Ecological Appraisal (Carter Sustainability Ltd; July 2022) submitted with this reserved matters application. Reason: To conserve and enhance Protected and Priority species and allow the Local Planning Authority to discharge its duties under the UK Habitats Regulations, the Wildlife & Countryside Act 1981 as amended and s40 of the NERC Act 2006 and s17 Crime & Disorder Act 1998.
9.No development shall take place until a scheme for biodiversity enhancement measures within the development has first been submitted to and approved in writing by the Local Planning Authority. The details of the scheme shall be based on and include as a minimum the Biodiversity Enhancement measures recommended at Chapter 5, contained within the updated Ecological Appraisal (Carter Sustainability Ltd; July 2022) submitted with this reserved matters application. The development shall thereafter be carried out in accordance with the approved biodiversity enhancement scheme which shall be provided in full before the practical completion of the final dwelling to reach practical completion stage within the development hereby permitted Reason: In the interests of biodiversity protection and enhancement in accordance with the expectations of the NPPF. This condition is a pre-commencement action in order to safeguard the ecological interests of the development in accordance with requirements to protect and enhance biodiversity and to avoid unnecessary costs to the developer.
10.The development hereby approved shall be carried out in accordance with the details provided within the submitted Tree Survey, Arboricultural Impact Assessment- Preliminary Arboricultural Method Statement & Tree Protection Plan dated 18 October 2022 from Hayden's Aboricultural Consultants including protective measures to be implemented during the course of construction to protect retained trees and hedges within and adjacent the site. The proposed development shall be carried out in accordance with the details of the approved Arboricultural Method Statement. The approved protective measures shall be installed prior to the commencement of the development, including construction of the approved haul road where relevant, and shall be retained in place for the full duration of the construction period. Reason: To protect the canopies and roots of any trees on site or adjacent trees which have a good amenity value, in the interest of biodiversity enhancement and landscape character and visual amenity. The condition is required as a pre-commencement action because it addresses some of the impacts associated with the construction period of the development
11.The Outline Planning Permission 06/20/0156/O contains a number of compliance Conditions that still require discharge and compliance is also required with the following conditions: - Condition 4 - Site Plan indicative only apart from access roads and drainage as above. - Condition 5 - Details of Haul Road for construction traffic access and egress to site. - Condition 6 - Ecological Mitigation Strategy for GCN submission for approval. - Condition 9 - Details of SUDS - part discharged. - Conditions 10 - Details of foul water drainage submitted for approval. - Conditions 11 and 12 and 16 - parking for construction workers and CMP to be submitted for approval. - Condition 14 - No development shall take place until a Construction Ecological Management Plan - Biodiversity (EMP) has first been submitted and approved. - Condition 17 - Archaeology - WSI to be undertaken for approval. - Condition 18 - Mineral Management Plan to be submitted for approval. - Condition 20 - Provide the roads, footways, foul and surface water sewers in accordance with the approved specifications, to the satisfaction of the Local Planning Authority pre occupation. - Conditions 21 and 22 - Contaminated land survey and requirement to stop all works if during construction contamination discovered ecology enhancements. - Condition 23 - Details of fire hydrants to be submitted for approval. - Condition 24 - Detail of site levels to be submitted for approval. - Condition 26 - Lighting strategy to be submitted for approval. The following conditions remain in force: - Condition 1 - Amended to condition 1 of this reserved matters approval. - Condition 2 - Development is limited to 33 dwellings. - Condition 3 - Submission of reserved matters (complied with). - Condition 7 - Updated Ecological Appraisal required. - Condition 13 - All ecological mitigation and enhancement measures and/or works undertaken prior to June 2022 to be carried out in accordance with Preliminary Ecological Appraisal and Impact Assessment report Revision B. - Condition 15 - Scheme for biodiversity enhancement measures within the development to be first submitted to and approved in writing by the Local Planning Authority. - Condition 19 - Detailed plans of the roads, footways, foul and surface, water drainage to be first submitted to and approved in writing by the Local Planning Authority. - Condition 25 - No development shall take place until an Arboricultural Impact Assessment has first been submitted for approval. - Condition 27 - No dwelling shall be occupied until the roads, footways and any cycleways connecting that dwelling to the adjoining County road have first been constructed to at least binder course surfacing level, in accordance with the details to be approved in writing by the Local Planning Authority. - Condition 28 - Replacement planting required.
12.Advisory Note - Local Air Quality: 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. 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.
13.Advisory Note - Hours of Construction: The Hours of Construction should be limited to the following hours: - 0800-1800 Monday to Fridays - 0900-1300 Saturdays and - No works at all on a Sunday or Public Holiday.
14.NOTE - Contamination: The responsibility for the safe development and secure occupancy of the site rests with the developer. The local planning authority has determined the application based on 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.
15.NOTE: Conditions attached to this Reserved Matters Approval require details to be submitted. Should further modifications be made to the appearance, landscaping, layout and scale it is at the applicant's risk that the scheme hereby approved may not be able to be implemented.
16.NOTE: It is acknowledged that results of the Ecological Appraisal and updated Ecological Surveys in 2020 attached to the outline permission and its update attached to this Reserved Matters application (2022) are valid for only two years and as the survey found protected species within and adjacent to this site the report findings cannot be assumed to be valid for development commencing after the initial two year period (from 01 June 2024), although regard should be had to the principles included therein.
17.NOTE: Notification of intention to connect to the public sewer under S106 of the Water Industry Act Approval and consent will be required by Anglian Water, under the Water Industry Act 1991. Contact Development Services Team 0345 606 6087.
18.NOTE: A public sewer is shown on the record plans within the land identified for the proposed development. It appears that the development proposals will affect the 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.
19.NOTE: 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 0345 606 6087.
20.NOTE: The developer should note that the site drainage details 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 S104 of the Water Industry Act 1991), they should contact our Development Services Team 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.
21.NOTE: It is hereby acknowledged that the applicant has paid appropriate and necessary financial contributions to satisfy the 'top up' required for the GIRAMS Habitat Impacts Mitigation since the initial value that was required as an obligation in the Section 106 Agreement for this development. The 'top up contribution' paid amounts to £2,667.72 (33 dwellings x £80.84 uplift per dwelling) and was received on 6 March 2024 when is sufficient to allow the issue of a reserved matters decision notice because the development will address the requirements of Section 63 of the Conservation of Habitats and Species Regulations 2017 (as amended) when it also satisfies the obligations for the habitats mitigation payments required within the associated Section 106 Agreement, prior to commencement of development.
22.NOTE - Planning Obligations: Please be aware this Reserved Matters approval forms part of an overall planning permission that is subject to the planning obligations contained within a Section 106 legal agreement dated 15th October 2021.
23.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 the Habitats Regulations Assessment (HRA) submitted by the applicant was assessed to be 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, and the required updated payment has been made to facilitate the determination of this reserved matters decision.