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 development shall be carried out in accordance with the following plans received by the Local Planning Authority on 12th December 2023: - Unreferenced Plan, entitled Location Plan, dated 10th November 2023 - Unreferenced and untiled plan (submitted as proposed floor plans), undated - Unreferenced and untitled plan (submitted as proposed salon layout plan), undated Reason: For the avoidance of doubt.
3.Notwithstanding the provisions of Schedule 2 Part 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015, as amended, the development hereby permitted shall only be used for the purposes of a shop and hair and beauty salon and for no other use whatsoever (including other purposes within Class E of the Town and Country Planning (Use Classes) (England) Order 1987 as amended) without first gaining the express written permission of the Local Planning Authority. Reason: To ensure the proposed development provides the specific benefits and mitigations which justified the development despite its conflict with local plan policy, to avoid creating an impact on the vitality and viability of nearby local centres by allowing other main town centre uses to operate from the site, and to ensure that any other uses that might otherwise take place are subject to an application to consider and address possible impacts so as to avoid creating a negative impact on the Hemsby designated local centre and other tourism uses in the vicinity, in accordance with policies CS06, CS07 and CS08 of the Core Strategy, policies L1 and R1 of the Local Plan Part 2, and Policy 10 of the Hemsby Neighbourhood Plan.
4.The Shop aspect of the development shall be restricted to use only within the area shown in the approved plans and identified as no more than 45sqm comprising the named 'Shop' and 'Shop Store Room' areas shown on the approved Proposed Floor Plan of the unit. The Salon aspect of the development shall be restricted to use only within the area shown in the approved plans and identified as no more than 48m2 located to the north section of the unit comprising the named 'Salon' areas shown on the approved Proposed Floor Plan. Reason: To clarify the floorspace and locations of the proposed development, and to ensure that the proposed development retains a scale of floorspace that will avoid creating a negative impact on the Hemsby designated local centre in accordance with Policies CS06, CS07 and R1.
5.The use of the premises as a salon in the manner hereby permitted shall be restricted to use by no more than 6 (six) customers at any one time. Customers using the salon shall attend, and the premises shall operate under, an appointment-only system. Reason: To ensure that there are no negative impacts caused to users of the site and the surrounding neighbours, in terms of highway safety and amenity, and to ensure the use is restricted to that which is an acceptable level for the size, scale and location proposed within a holiday park site, and to ensure there are no negative impacts on the Hemsby designated local centre, in accordance with Core Strategy policies CS06, CS07, CS08, CS09 and CS16, Local Plan Part 2 policies R1 and A1, and Policy 10 of the Hemsby Neighbourhood Plan.
6.The salon use within the development hereby permitted shall not be open for business outside of the following hours: - 09:00 - 18:00 Mondays to Saturdays, and, 10:00 - 16:00 Sundays and Public or Bank Holidays Reason: In the interests of protecting the amenities of holiday makers residing in the vicinity, in accordance with Core Strategy policies CS08 and CS09, and Local Plan Part 2 policy A1.
7.The shop use within the development hereby permitted shall only be open for business when the holiday site is open and shall close during the off-season. Reason: To control the impacts of the development on defined local centres, because the development plan prohibits such retail development outside defined development limits and this retail element is considered appropriate only for the purposes of serving the essential basic needs of the holiday site, in accordance with policies CS06, CS07 and CS08 of the Core Strategy, policies L1 and R1 of the Local Plan Part 2, and Policy 10 of the Hemsby Neighbourhood Plan.
8.The shop use within the development hereby permitted should not be open for business outside of the following hours: - 07:00 - 23:00 Mondays to Saturdays, and, 07:00 - 22:00 Sundays and Public or Bank Holidays Reason: in the interests of protecting the amenities of holiday makers residing in the vicinity, in accordance with Core Strategy policies CS08 and CS09, and Local Plan Part 2 policy A1.
9.The use of the shop within the development hereby permitted shall be undertaken predominantly for the retailing and sale of day-to-day essential convenience goods. At no time shall there be any more than 25% goods offered for sale which are comparison goods. Reason: To control the impacts of the development on defined local centres, because the development plan prohibits such retail development outside defined development limits and this retail element is considered appropriate only for the purposes of serving the essential basic needs of the holiday site and is not appropriate to perform anything other than an ancillary role, in accordance with policies CS06, CS07 and CS08 of the Core Strategy, policies L1 and R1 of the Local Plan Part 2, and Policy 10 of the Hemsby Neighbourhood Plan.
10.No more than 28m2 of floor space shall be used for the sales of retail goods from the shop at any time. Reason: To ensure the retailing provision within the development is limited to that proposed, to control the impacts of the development on defined local centres, and to help ensure this retail element serves the essential basic needs of the holiday site and maintains an ancillary role to the holiday park, in accordance with policies CS06, CS07 and CS08 of the Core Strategy, policies L1 and R1 of the Local Plan Part 2, and Policy 10 of the Hemsby Neighbourhood Plan.
11.INFORMATIVES: 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. Informative Note: Asbestos and contamination 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)
12.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.