Great Yarmouth Borough Council Portal
No.Condition Text
1.The development must be begun not later than the 24th June 2023, being three years from the approval of planning permission 06/19/0387/F. 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 27th January 2020 and approved by the Local Planning Authority as part of planning permission 06/19/0387/F: a) Drawing Number 304728-IWD-XX-XX-DR-B-2001, entitled Proposed floor plans and elevations block 1; b) Drawing Number 304728-IWD-XX-XX-DR-B-2002, entitled Proposed floor plans and elevations block 2 ; and the the following details provided as part of this application: c) Document Reference YEX4446 - Land off Acle New Road, entitled Foundations Risk Assessment, by YOUR ENVIRONMENT, Issue 00 dated 26 September 2022 d) Details of Piling contained within the email received from Ryan Simpson on the 31 January 2023 at 15:06; e) Schedule of Floodproofing Methods (unreferenced and undated); f) Document Reference 3080/RE/11-22/02, entitled Flood Risk Assessment, by Evans Rivers and Coastal Limited, dated December 2022; g) Document Reference 3080/RE/11-22/01 REVISION A, entitled Flood Warning and Evacuation Plan, by Evans Rivers and Coastal Limited, dated December 2022; h) Document YEX4871, entitled Phase 3 Remediation Strategy, by YOUR ENVIRONMENT, dated 1st December 2022. The reason for the condition is:- For the avoidance of doubt.
3.(A) No works above slab level shall take place until full details of a soft and hard landscaping scheme have first been submitted to and approved in writing by the Local Planning Authority. The precise details of the landscaping proposals shall include: - full specifications of all new planting along with details for their protection during establishment, and - details of all hard landscaping materials. The development shall be carried out in accordance with the approved details prior to the first occupation of the development hereby permitted. For the avoidance of doubt, all species used in the planting proposal shall be locally native species of local provenance. (B) The approved planting scheme secured by Part A of this condition shall be carried out in its entirety within the first planting and growing season following the first occupation of the development hereby permitted. For the duration of a period of 10 years from the first occupation of the development, any trees, shrubs or hedges planted in accordance with the landscaping scheme which die, are removed or become seriously damaged or diseased shall be replaced in the next immediate planting season with others of similar size and species. The reason for the condition is :- Because the precise details have not been submitted and in the interests of the satisfactory visual amenity in accordance with Policy E4 of the adopted Great Yarmouth Local Plan Part 2 (2021).
4.No work above slab level shall take place until the exact types and colours of the external materials have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out using the agreed materials. The reason for the condition is :- In the interests of the visual amenities of the area as precise details of the materials have not been submitted, in accordance with Policy E4 of the adopted Great Yarmouth Local Plan Part 2 (2021).
5.No works above slab level shall take place until a statement demonstrating how the flats will be designed and built to achieve a water consumption rate of no more than 110 litres/person/day has been first submitted to and approved in writing by the Local Planning Authority. All required water conservation measures within the approved details shall thereafter be installed and retained to achieve this agreed rate to ensure the required water consumption is not exceeded for the lifetime of the development. The reason for the condition is: - In the interests of promoting and securing water efficiency improvements to a higher standard than Building Regulations minimum standards require, to accord with adopted Local Plan Part 2 Policy E7. Note to applicant - The imposition of this planning condition requires the development to achieve a higher standard of construction than the current minimum national requirement through Building Regulations. This requires you / the Developer to ensure that the standard is adhered to when seeking Building Regulations Completion Notice approval (whether using local authority inspectors or third party approved inspectors).
6.No works above slab level shall take place until a scheme that demonstrates how the development will be built to meet requirement M4(2) of Part M of the Building Regulations for accessible and adaptable dwellings, where practicable, has first been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be constructed in strict accordance with the details so approved. The reason for the condition is :- To ensure that the dwellings are designed to be adaptable and efficient for lifetime occupation and to provide appropriate long term residential amenity, in accordance with Policy A2 of the adopted Great Yarmouth Local Plan Part 2 (2021).
7.No works above slab level shall take place until details in written and drawn form of the means by which electric vehicle charging shall be made available for common parking areas within the scheme shall be submitted to and approved by the local planning authority. The works shall accord with the approved scheme and shall be retained thereafter. The reason for the condition is: - To allow provision for the demand for electric vehicle charging within the lifetime of the development, in accordance with Policy I1 of the adopted Great Yarmouth Local Plan Part 2 (2021).
8.Prior to the first occupation of the development hereby permitted, the surface water drainage scheme prepared by Rossi Long (project reference PDC/201329 (Rev 00) received by the Local Planning Authority on the 17th February 2021 as part of Condition Discharge application 06/21/0141/CD) shall be provided in strict accordance with the details so approved and retained as such thereafter. The reason for the condition is :- The site is at risk of surface water flooding and due to historical contaminating uses on the site infiltration is not considered to be a suitable drainage solution, in accordance with Policy E6 of the adopted Great Yarmouth Local Plan Part 2 (2021).
9.No infiltration of surface water drainage into the ground is permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to controlled waters. The development shall be carried out in accordance with the approval details. The reason for the condition is:- Infiltration through contaminated land has the potential to impact on groundwater quality and it is necessary to protect controlled waters, in accordance with Policy E6 of the adopted Great Yarmouth Local Plan Part 2 (2021).
10.Prior to the first occupation of the development hereby permitted, the proposed access, on-site car parking and cycle parking and turning area shall be laid out, demarcated, levelled, surfaced and drained in accordance with the approved plan and retained thereafter available for that specific use. The reason for the condition is :- To ensure the permanent availability of the parking/manoeuvring areas, in the interests of highway safety, in accordance with Policy CS16 of the adopted Great Yarmouth Core Strategy (2015) and the principles of the National Planning Policy Framework (2021).
11.Notwithstanding the provisions of Class A of Schedule 2, Part 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015, (or any Order revoking, amending or re-enacting that Order) no gates, bollard, chain or other means of obstruction shall be erected across the approved access. The reason for the condition is :- In the interests of highway safety, in accordance with Policy CS16 of the adopted Great Yarmouth Core Strategy (2015) and the principles of the National Planning Policy Framework (2021).
12.No occupation of the development shall take place until the remediation works outlined in the Phase 3 Remediation Strategy (YEX4871 - Land off Acle New Road) have been completed and a verification report has been submitted to and agreed in writing by the Local Planning Authority to demonstrate that the remediation works have been completed in their entirety. The report shall include results of sampling and monitoring carried out in accordance with the approved Verification Plan (contained within the Phase 3 Remediation Strategy) to demonstrate that the site remediation criteria have been met. It shall also include any Plan (a "long-term monitoring and maintenance plan") for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the approved Verification Plan. The long-term monitoring and maintenance plan shall be implemented as approved. The reason for the condition is :- The reason for the condition is:- To protect and prevent the pollution of controlled waters (particularly Principal Aquifer underlying the site) from potential pollutants associated with current and previous land uses (including the use as a petrol filling station as identified in the application form) in line with National Planning Policy Framework (2021) paragraph 183.
13.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: a) 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 b) 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, in accordance with Policy E6 of the adopted Great Yarmouth Local Plan Part 2 (2021).
14.No occupation of the development hereby approved shall occur until the measures within the scheme of flood proofing (Schedule of Floodproofing Methods (sic), received on the 4th January 2023, have been implemented in their entirety. These measures shall be retained thereafter in perpetuity. The reason for the condition is :- To minimise the damage to property in the event of a flood, in accordance with Policy CS13 of the adopted Great Yarmouth Core Strategy (2015).
15.No occupation of the development hereby permitted shall occur until the contents of the Flood Response Plan (3080/RE/11-22/01 REVISION A) have been made available for future occupiers. The Flood Response Plan shall thereafter be updated and retained in accordance with those submitted details for the duration of the development. The reason for the condition is :- In order to mitigate the impacts of a flood event, in accordance with Policy CS13 of the adopted Great Yarmouth Core Strategy (2015).
16.Notwithstanding the approved plans, the minimum habitable finished first floor level shall be set at 4.70m AOD. The ground floor shall be used for under-croft parking only in accordance with the applicant's agent's email dated 19 December 2019 confirming the use. All other uses of the under-croft are prohibited without the specific written approval of the local planning authority. The reason for the condition is:- To ensure the appropriate protection to future occupants and in accordance with the recommendations within the submitted Flood Risk Assessment, in accordance with Policy E4 of the adopted Great Yarmouth Local Plan Part 2 (2021).
17.Construction work shall not take place outside the following hours:- 07:30 to 18:00 Mondays 07:30 to 18:00 Tuesdays 07:30 to 18:00 Wednesdays 07:30 to 18:00 Thursdays 07:30 to 18:00 Fridays 09:00 to 13:00 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. The reason for the condition is :- In the interests of the residential amenities of the occupiers of nearby dwellings, in accordance with Policy A1 of the adopted Great Yarmouth Local Plan Part 2 (2021).
18.REASON FOR APPROVAL OF THE APPLICATION :- The alterations to the conditions are acceptable and ensure that the development can proceed without conflicts between conditions.
19.NOTES - Please read the following notes carefully:- Please refer to the attached advice from Essex and Suffolk Water. They recommend that care is taken to ensure that their assets are unaffected by the proposed works, with particular attention being paid to the 6'' PVC located within the footpath (as detailed in the attached ELYX plan showing the approximate location of their assets in this area). Please, proceed in line with the attached guidance document and also be aware that liability for any damages throughout the duration of the works falls onto the party carrying out these works and your chosen contractor.
20.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 HRA originally 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 towards the monitoring and mitigation provided through that Strategy. The original application, 06/19/0387/F, was approved at a time when the Council operated its HMMS scheme which required a mitigatory payment of £110 to go towards the Natura2000 sites within the Borough per net new dwelling. Special Areas of Conservation (SACs) and Special Protection Areas (SPAs) in the UK no longer form part of the EU's Natura 2000 ecological network but are still designated sites and under the new GIRAMS scheme and a contribution of £185.93 per dwelling is expected. However, given the change in policy requirements, only the £75.93 'top-up' per dwelling is required and has been paid, with evidence provided on 24th March 2023.
21.NOTES - Please read the following notes carefully:- Great Yarmouth Borough Council has a duty to ensure that roads and streets within the Borough are properly named and that the properties fronting onto them are appropriately numbered. Therefore it is essential that once planning permission has been granted, and prior to the completion of development, the developer/owner applies for an official address. This Authority has adopted the legislation set out in sections 17, 18 and 19 of The Public Health Act 1925. In common with most neighbouring local authorities, Great Yarmouth Borough Council is introducing charging for the street naming and numbering of new developments from the 1st January 2020. Charges and more information can be seen on the Council's website here: https://www.great-yarmouth.gov.uk/street-naming-numbering