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 use of the site for car boot sales shall be limited to being undertaken on a maximum of 41 days per year, and only in the months of March to November inclusive. The use hereby permitted shall only take place on:- Saturdays, and/or Bank Holidays, and/or Public Holidays. The use hereby permitted shall only take place between the hours of 06:00 and 13:00 on the permitted Saturdays, and only between the hours of 07:00 and 13:00 on the permitted Public or Bank Holiday occasions. Under no circumstances shall the use hereby permitted take place at any time between 01 December and 29th February in the following year. Under no circumstances shall the use hereby permitted take place outside the hours permitted by this condition. For the avoidance of doubt these restrictions apply notwithstanding permitted development rights set out under Part 4 of Class B in Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 as amended, because this permission, once implemented, supersedes all temporary planning permissions and the previously established position of the certificate of lawful established use ref. 06/06/0904/EU. The reason for the condition is:- For the avoidance of doubt and to ensure that the use of the site takes place in the manner contemplated by the Local Planning Authority on the grant of this permission, and to ensure the development avoids any adverse impact on the internationally designated wildlife sites and their populations of overwintering birds as required by the 'Habitats Regulations' (Conservation of Habitats & Species Regulations 2017 (as amended)).
3.The car boot sales hereby permitted shall only take place in the area marked as 'car boot field' and car parking for visitors to the car boot sales shall only take place in the areas marked as 'car park', as shown on the submitted aerial photograph layout plan dated 03/01/2023 21:39, as received by the Local Planning Authority on 10th January 2023 . The reason for the condition is:- For the avoidance of doubt and to ensure that the use of the site takes place in the manner contemplated by the Local Planning Authority on the grant of this permission.
4.There shall be no use of the land for any more than 100 stalls / car boot sales vendors at any one time, either as private cars or vans, or as individual stalls / stallholders. The reason for the condition is :- In the interests of controlling the impacts of the development and to ensure the scale and intensity of use is consistent with the maximum limit of activities previously established by Certificate of Lawful Existing Use on 3rd January 2007.
5.The number of car parking spaces for visitors attending the car boot sales shall not at any time exceed 200 in number. The reason for the condition is:- For the avoidance of doubt, in the interest of highways safety, and to ensure that the use of the site takes place in the manner contemplated by the Local Planning Authority on the grant of this permission.
6.No vehicle associated with the use hereby permitted, whether vendor or visitor, shall enter the site before 06:00 on any Saturdays or before 07:00 on Public or Bank Holidays. The reason for the condition is :- For the avoidance of doubt, to ensure the site operates within the parameters presented within the proposed application, in the interests of highway safety and to protect the amenities of nearby residents.
7.There shall be no commencement of the use hereby permitted until the previous/former vehicle access into the site adjacent Willowcroft to the south of the site has first been closed to vehicular traffic and shall remain permanently closed thereafter. The reason for the condition is :- In the interests of highway safety and to ensure the amenities of adjacent residents are not unduly disturbed.
8.REASON FOR APPROVAL OF THE APPLICATION :- The proposal meets the aims of Core Policies CS01, CS06 and CS09 from the adopted Core Strategy and Policy B1 of the adopted Local Plan Part 2.
9.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.
10.INFORMATIVE NOTE - 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.
11.INFORMATIVE NOTE - Natural England advice: Based on the plans submitted, Natural England considers that the proposed development will not have likely significant effects on The Broads SAC, Broadland Ramsar and Broadland SPA and has no objection to the proposed development. To meet the requirements of the Habitats Regulations, a likely significant effect must be ruled out, and it is considered that the proposal is able to satisfy the Habitats Regulations because it does not increase the size or intensity of the existing use, and will remain limited to the period March to November (inclusive) each year to avoid impacts to overwintering birds.