Great Yarmouth Borough Council Portal
No.Condition Text
1.Application for approval of reserved matters must be made not later than the expiration of three years beginning with the date of this permission and the development must be begun not later than the expiration of two years from the date of the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved. The reason for the condition is:- 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.
2.No development whatsoever shall take place until full details of the access, layout, scale, appearance and landscaping, including programming of the landscaping works (herein after called the reserved matters) have first been submitted to and approved in writing by the Local Planning Authority, and the development shall be carried out strictly in accordance with such approved details. The details of the layout shall include: - full details of the vehicular and pedestrian access off Foster Close; - positions of electric vehicle charging points to be provided; - details of cycle storage; - details of refuse storage and collection points; and, - details of parking provision and turning. The reason for the condition is:- In the interests of the satisfactory form of development as such details have not been submitted as part of this outline application.
3.The development shall be carried out in accordance with the following plans and details received by the Local Planning Authority on 20th March 2023: - The unreferenced Site Location Plan dated 2023; - Water Efficient Statement; - Car Charging Statement; - Housing Delivery Statement; and, - Refuse and Waste Statement. The reason for the condition is:- For the avoidance of doubt.
4.The approved development will be carried out in complete accordance with the water efficiency statement received on 20th March 2023 which sets out to limit the water consumption to a rate of no more than 110 litres/person/day. All required water conservation measures within the approved details shall be installed and maintained 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).
5.The dwelling hereby permitted shall be designed and constructed to achieve the standards required to comply with the requirements of Part M4(2) of the Building Regulations, and the reserved matters details of layout and appearance shall be accompanied by a statement which demonstrates how the dwelling will be designed to achieve these standards. The reason for the condition is: - In the interests of promoting and securing accessible and adaptable housing in accordance with Local Plan Part 2 policy A2. 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.Notwithstanding the extent of the site area shown on the unreferenced Site Location Plan dated 2023, there shall be no direct vehicular traffic connection made/used/reinstated with Station Road at any time whatsoever. Vehicular access to and egress from Station Road shall be prevented by blocking the existing access prior to the commencement of development, as indicated on indicative site plan Drawing No. 2304-001, in accordance with the details of a scheme of permanent closure and footway/highway verge reinstatement for use during the construction period of the development, to be first submitted to and approved in writing by the Local Planning Authority prior to the commencement of any development. The development shall thereafter be undertaken in accordance with the details as agreed. The reason for the condition is: - In the interests of highway safety in accordance with Core Strategy policy CS16.
7.Vehicular access to and egress from the adjoining highway shall be limited to an access to be created from Foster Close as shown indicatively on Drawing No. 2304-001. Any other access or egress shall be permanently closed, and the footway/highway verge shall be reinstated, in accordance with a detailed scheme of permanent closure, to be first submitted to and approved in writing by the Local Planning Authority, concurrently with the bringing into use of the new access. The reason for the condition is: - In the interests of highway safety in accordance with Core Strategy policy CS16.
8.There shall be no commencement of development whatsoever until precise details have first been submitted to and approved in writing by the Local Planning Authority sufficient to confirm the available capacity within the mains sewer network for the disposal of foul drainage from this development, and sufficient to confirm the means of connecting the dwelling to the mains sewer network. The development shall thereafter be undertaken in strict accordance with the details as approved. The reason for the condition is: - To ensure there is no detrimental impact on internationally-protected wildlife sites in accordance with policies CS11 and GSP5, and to secure the mitigation required to allow the development to pass the Appropriate Assessment required by the Conservation of Species and Habitats Regulations 2017 (as amended).
9.No development shall take place until the following components of a scheme to manage the risks associated with contamination of the site have been submitted to and approved, in writing, by the local planning authority as necessary: 1) A preliminary risk assessment which has identified: a) all previous uses b) potential contaminants associated with those uses c) a conceptual model of the site indicating sources, pathways and receptors d) potentially unacceptable risks arising from contamination at the site; 2) If the preliminary risk assessment identifies a potential unacceptable risk from contamination, a site investigation scheme and a full risk assessment, based on the preliminary risk assessment shall be undertaken, to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site. The site investigation scheme and full risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The report of the findings must include: a) a survey of the extent, scale and nature of contamination b) an assessment of the potential risks to: (i) human health; (ii) property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes; (iii) adjoining land; (iv) controlled waters; (v) ecological systems; (vi) archaeological sites and ancient monuments. c) an appraisal of remedial options and proposal of the preferred option(s). This must be conducted in accordance with the Governments guidance ' Land Contamination Risk Management 3) If the site investigation scheme and full risk assessment identifies a need for remediation, a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks identified at 2)(b). The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of land after remediation 4) Where a remediation scheme is submitted and approved under part 3) of this condition, the approved remediation scheme must be carried out in accordance with its terms prior to the commencement of groundworks, other than that required to carry out remediation, unless otherwise agreed, in writing, by the Local Planning Authority. 5) Where a remediation scheme is submitted and approved under part 3) of this condition, the local planning authority shall be given prior written notification of commencement of the remediation scheme works. Following the completion of measures identified in any approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out shall be produced. No occupation of the development shall take place until the verification report has been submitted to and approved in writing by the local planning authority, unless a revised timetable for submission of the verification report has been first agreed 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 sections 178 and 179 of the NPPF. The condition is pre-commencement as it is essential that the contamination on site is investigated, and a remediation plan drawn up before construction commences to ensure that pollutants are not mobilised and to avoid and future harm to residents.
10.A) No development shall take place until an archaeological written scheme of investigation has first been submitted to and approved by the local planning authority in writing. The scheme shall include an assessment of significance and research questions; and 1) The programme and methodology of site investigation and recording, 2) The programme for post investigation assessment, 3) Provision to be made for analysis of the site investigation and recording, 4) Provision to be made for publication and dissemination of the analysis and records of the site investigation 5) Provision to be made for archive deposition of the analysis and records of the site investigation 6) Nomination of a competent person or persons/organization to undertake the works set out within the written scheme of investigation and 7) any further project designs as addenda to the approved WSI covering subsequent phases of mitigation as required. and, B) No development shall take place other than in accordance with the written scheme of investigation approved under condition Part (A) and any addenda to that WSI covering subsequent phases of mitigation; and, C) The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the archaeological written scheme of investigation approved under condition Part (A) and the provision to be made for analysis, publication and dissemination of results and archive deposition has been secured. The reason for the condition is:- To protect a site of archaeological or scientific interest from disturbance during the period of building or engineering works.
11.No development shall commence 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. The reason for the condition is :- 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.
12.No development shall commence until the following information has first been submitted to and approved in writing by the Local Planning Authority: (i) a full site survey showing all existing site levels above ordnance datum, and those details shall include: - the datum used to calibrate the site levels - levels along all site boundaries - levels across the site at regular intervals - floor levels of adjoining buildings (where relevant) (ii) full details of the proposed finished floor levels of all buildings and hard surfaces including the ground floor(s) in relation to existing ground levels. The development shall be carried out only in strict accordance with the levels approved. The reason for the condition is:- To ensure that the development takes place in the manner expected by the Local Planning Authority, to retain control over any significant changes in levels within the site and in the interests of residential amenity and design. The condition is required as a pre-commencement action to ensure fundamental understanding of the development planning and design at the earliest possible stage in the development, in order to avoid risks of remedial action and/or adverse impacts on the development.
13.No development shall commence until a Construction Traffic Management Plan and Access Route for the development have first been submitted to and approved in writing by the Local Planning Authority, which shall incorporate the following: -Limited Hours of Construction to 0800-800 Monday to Friday and 0800 to 1300 Saturday and No works on Sundays, Bank or Public Holidays; -Details of construction vehicle car parking areas; -Details of any storage compounds etc. on site related to the construction phase; -Details of construction traffic routes; -Details of wheel washing facilities and/or other procedures to minimise construction debris escaping outside the construction site; -Details of measures for the suppression of noise and dust generation on site; and, -Details for addressing any abnormal wear and tear to the highway. Development shall be undertaken in accordance with the details as approved and the developer shall control and manage construction traffic using the 'Construction Traffic Access Route' and ensure no other local roads are used by construction traffic. The reason for the condition is: - In the interests of maintaining residential amenity and highway efficiency and safety in accordance with Local Plan Part 2 policy A1 and Core Strategy policy CS16. This needs to be a pre-commencement condition as it deals with safeguards associated with the construction period of the development.
14.No development shall commence until details of tree protection measures have first been submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented prior to the commencement of construction and shall be retained for the duration of the construction period of the development hereby approved. The reason for the condition is:- The existing trees represent an important visual amenity which the Local Planning Authority consider should not be damaged during the construction process, in accordance with policy E4 of the Local Plan Part 2 and Core Strategy policies CS9 and CS11.
15.There shall be no commencement of the development hereby permitted until the details of Surface Water drainage have first been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved drainage details, and the drainage shall be installed and made available for use prior to the first residential occupation of the development. The reason for the condition is :- In the interests of minimising flood risks and watercourse contamination risks in accordance with Local Plan Part 2 policy E6. The condition is required as a pre-commencement action because it requires details associated with the construction of the development.
16.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: 1) 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 2) 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 receptor as required by policy E6 of the Local Plan Part 2.
17.There shall be no occupation or use of the development hereby permitted until the dwelling has first been connected to the mains sewer network and until such foul sewer disposal connections are made operational and available for use in accordance with the details to be approved under Condition 8 of this permission. The development shall thereafter remain connected to the mains sewer network. The reason for the condition is: - To ensure there is no detrimental impact on internationally-protected wildlife sites in accordance with policies CS11 and GSP5, and to secure the mitigation required to allow the development to pass the Appropriate Assessment required by the Conservation of Species and Habitats Regulations 2017 (as amended).
18.Prior to the first occupation of the development hereby permitted the vehicular crossing over the verge/footway shall be constructed in accordance with a detailed scheme to be agreed in writing with the Local Planning Authority and in accordance with the highways specification and thereafter retained at the position shown on the approved plan. Arrangement shall be made for surface water drainage to be intercepted and disposed of separately so that it does not discharge from or onto the highway. The reason for the condition is :- To ensure construction of a satisfactory access and to avoid carriage of extraneous material or surface water from or onto the highway in the interests of highway safety, in accordance with Core Strategy policy CS16.
19.There shall be no occupation or use of the development hereby permitted until a 2.4 metre wide parallel visibility splay (as measured back from the near edge of the adjacent highway carriageway where the access is to be taken from) shall be provided across the whole of the site's roadside frontage. The splay shall thereafter be maintained at all times free from any obstruction exceeding 0.6 metres above the level of the adjacent highway carriageway. The reason for the condition is: - In the interests of highway safety, in accordance with Core Strategy policy CS16 and the principles of the NPPF.
20.There shall be no occupation or use of the development hereby permitted until details of the means by which electric vehicle charging shall be made available for the development have first been submitted to and approved in writing by the local planning authority. The proposals shall be provided and made fully operational in accordance with the approved details prior to the occupation of the development and shall be retained as such thereafter. The reason for the condition is:- To ensure provision for the demand for electric vehicle charging within the lifetime of the development, in accordance with Local Plan Part 2 policy I1.
21.There shall be no occupation or use of the development hereby permitted until full details of all planting and soft landscaping plans pursuant to the reserved matters of a landscaping strategy have first been submitted to and approved in writing by the Local Planning Authority. The details shall include: -Retention of existing natural vegetation; -Details of boundary treatments and planting; -Details of bio-diversity enhancement measures to be provided through planting of native species; and, -Details of bird and bat boxes to be provided on the site. The approved details shall be implemented in full prior to the occupation of the development, and shall be retained as such thereafter. Where any tree shrub or hedgerow dies or is felled/removed through emergency works within 10 years from the completion of these works, a replacement of the same site and species shall be provided in its stead within the first available planting season. The reason for the condition is:- In the interests of the visual amenities of the locality, in accordance with Local Plan Part 2 policies A2 and E4.
22.There shall be no installation of any external lighting whatsoever without the prior express written permission of the Local Planning Authority. The reason for the condition is:- In the interests of highway safety, residential amenity and protection of biodiversity, in accordance with Local Plan Part 2 policies A1, A2 and E4.
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 this shadow HRA 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 £210.84 for the dwelling towards the monitoring and mitigation provided through that Strategy and to satisfy Policy GSP5, which has been fully paid on 12/03/2024. The Borough Council can also confirm receipt of the necessary £1254.29 as a financial contribution in lieu for Public Open Space provision to satisfy Policy H4, paid in full on 07/03/2024.
24.Advisory Note - The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is an offence to remove, damage or destroy the nest of any wild bird while the nest is in use or being built. Planning consent for a development does not provide a defence against prosecution under this act. While trees and scrub are likely to contain nesting birds between 1st March and 31st August inclusive buildings can also support nesting birds. If works occur during the nesting period a careful check of the building by a competent ecologist should be undertaken to assess the nesting bird activity on the site during this period and has shown it is absolutely certain that nesting birds are not present
25.Advisory Note - 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.