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: - Site Location Plan; drawing reference: 10-000 - Proposed Floor Plans; drawing reference: 20-020 Rev. J - Proposed Elevations; drawing reference: 20-050 Rev. K - Proposed Sections; drawing reference: 20-0600 Rev.H - Courtyard: Planting Strategy; drawing reference: 001-ORM_03_P__05_01 - Refuse and waste strategy. - Electric charging plan. - FLOOD WARNING AND EVACUATION PLAN (FWEP); reference: 3382-01 The reason for the condition is:- For the avoidance of doubt.
3.No development shall take place, including demolition, until such a time that a a detailed noise and dust management plan/scheme to protect the local amenity from noise, dust and smoke, has first been submitted to, and approved in writing by the Local Planning Authority. The scheme shall detail measures to mitigate the impact upon neighbouring residents and businesses during construction, including: a. Communication arrangements with neighbours before and during works. b. Contact arrangements by which residents can raise any concerns and, issues. c. The mechanism for investigation and responding to residents' concerns and complaints. d. Management arrangements to be put in place to minimise noise and dust (including staff training such as toolbox talks). e. Hours during which noisy and potentially dusty activities will take place. f. Measures to control loud radios on site. g. As far as practically possible, the measures to be taken to ensure noisy activities take place away from residential premises. h. Measures to control dust from vehicle movements such as site speed limits, cleaning of site roads and wetting of vehicle routes in dry weather. i. Measures to minimise dust generating activities on windy and dry days j. That there shall be no burning activities taking place on site. k. Method statements and risk assessments relating to the identification, removal and disposal of any asbestos containing materials which are present on site. Development shall take place in accordance with the approved scheme. The reason for the condition is :- As the redevelopment of the site could result in significant disruption to neighbours without measures to mitigate this; in accordance with Core Strategy (2015) Policy CS9 and Local Plan Part 2 (2021) Policies A1 and E6.
4.With the exception of above ground clearance and demolition works, no development shall take place until the following components of a scheme to manage the risks associated with contamination of the site have first been submitted to and approved, in writing, by the local planning authority as necessary: 1) A site investigation scheme and a full risk assessment, based on the preliminary risk assessment (A F Howland Associates, ref: MSH/22.001/PhaseI) 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' 2) 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 1) 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. 3) Where a remediation scheme is submitted and approved under part 2) 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. 4) 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. In accordance with Local Plan Part 2 (2021) Policy E6.
5.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 (2021).
6.No works shall commence on the site until the Traffic Regulation Order for the prohibition of driving on the U6V106 Palgrave Road Back Lane has been promoted by the Highway Authority. The reason for the condition is :- In the interests of highway safety; in accordance with Core Strategy (2015) Policy CS16.
7.Construction work shall not take place outside the following hours:- 07:30 to 18:30 Mondays 07:30 to 18:30 Tuesdays 07:30 to 18:30 Wednesdays 07:30 to 18:30 Thursdays 07:30 to 18:30 Fridays 08:30 to 13:30 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 Local Plan Part 2 (2021) Policy A1.
8.No development shall take place above slab level until such time that details of measures to enclose ground level plant equipment as well as utility and meter boxes have first been submitted to and approved in writing by the Local Planning Authority. The approved measures shall be installed prior to the first occupation to the unit to which they relate and shall remain thereafter for the lifetime of the development. The reason for the condition is :- To ensure that ground level plant equipment is contained within attractive and secure screening that is integrated with other landscape and building treatments, and visually unobtrusive. In accordance with Section BD8 of the Great Yarmouth Design Code (2024).
9.No development shall take place above slab level until such time that details of sound insulation measures to prevent noise transmission from the dwellings to nearby receptors [i.e. adjoining dwellings and neighbouring dwellings] has first been submitted to the local planning authority and approved in writing. No occupation of the development shall take place until the sound insulation measures have been implemented in full accordance with the approved details. The reason for the condition is :- To ensure adequate protection between different uses takes place to avoid unacceptable noise and disturbance., in accordance with Core Strategy (2015) Policy CS9 and Local Plan Part 2 (2021) Policy A1.
10.No works above slab level shall take place until a statement demonstrating how the dwelling 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 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).
11.There shall be no installation of any air source heat pump within the development hereby permitted until an appropriate assessment against the MCS Planning Standards, or equivalent standards, has first been undertaken for all air source heat pumps proposed and thereafter shall be submitted to and approved in writing by the Local Planning Authority before the installation of any air source heat pumps. The MCS planning standards assessment should be carried out with regard to the requirements of the MCS 020 Assessment Form for ¿Planning Standards for Permitted Development Installations of Wind Turbines and Air Source Heat Pumps on Domestic Premises¿. The assessment information should be accompanied by an appropriate maintenance schedule for the units hereby approved. Where the assessment shows the expected noise levels do not satisfy the relevant criteria, the appropriate assessment shall include suitable mitigation to reduce noise to equivalent levels, and shall include full details of those measures to be included in the development. These details shall be submitted to and approved by the Local Planning Authority before the installation of any air source heat pumps. The installation of air source heat pumps and any required mitigation measures shall thereafter be undertaken in strict accordance with the approved details, and shall thereafter be retained and maintained in accordance with the approved details and manufacturer¿s guidance for the duration of the use of the air source heat pumps in situ. The reason for condition is:- In the interests of protecting residential amenity from specific and cumulative noise impacts, in accordance with Local Plan Part 2 Policy A1 and in the interests of consistency with the requirements of criteria ¿c¿ of Condition G.3 of Class G of Part 14, Schedule 2 of The Town and Country Planning (General Permitted Development) (England) Order 2015, as amended. As this technical expectation is required to be met for permitted development proposals, it is considered necessary that the same assessment is undertaken to mitigate any adverse impacts on amenity, where proposals are not permitted development.¿ Note to Applicant ¿ the Town and Country Planning (General Permitted Development)(England) order 2015 (as amended) defines the ¿MCS Planning Standards¿ as the standards specified in the Microgeneration Certification Scheme for air source heat pumps (being MCS 007), which is currently Version 2.4 dated 16th December 2013, an electronic copy of which can be found at: http://www.microgenerationcertification.org/mcs-standards/product-standards/10-mcs-standards/126-productstandards-2. A copy of the MCS Planning Standards may also be inspected at the Department of Energy and Climate Change, 3 Whitehall Place, London, SW1A 2HH.
12.The approved planting scheme (drawing reference: 001-ORM_03_P__05_01) shall be carried out in its entirety within the first planting and growing season following the first occupation of the dwellings hereby approved. For the duration of a period of 10 years from the first occupation of the dwellings, 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 :- To ensure an high quality form of development and in the interests of ensuring appropriate visual amenity for the local area, to enhance biodiversity and to secure appropriate residential amenity in accordance with Policies CS11 of the adopted Great Yarmouth Local Plan Core Strategy (2015) and Policy A2 of the adopted Great Yarmouth Local Plan Part 2 (2021).
13.The bird boxes shown on the approved drawings (20-050 Rev. K) shall be installed prior to the first occupation of the dwellings hereby approved. The bird boxes shall remain thereafter for the lifetime of the development. The reason for the condition is :- To secure biodiversity enhancements in line with the NPPF and Core Strategy (2015) Policy CS11.
14.Prior to the first occupation of the development hereby permitted the proposed on-site car cycle parking (as shown on plan 20-020 Rev. J) shall be implemented, be made available to residents and thereafter retained for this purpose. The reason for the condition is :- To ensure the provision of adequate cycle parking that meets the needs of occupiers of the proposed development and in the interests of encouraging the use of sustainable modes of transport; in accordance with Core Strategy (2015) Policy CS16.
15.Prior to the first occupation of the development hereby permitted the proposed on-site bin storage area (as shown within the Refuse and waste strategy) shall be implemented, be made available to residents and thereafter retained for this purpose. The reason for the condition is :- To ensure the provision of adequate bin storage which does not provide visual amenity concerns or produce odours to the detriment of residential amenity, in accordance with Local Plan Part 2 (2021) Policies A1 and A2.
16.Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any amendment revoking or re-enacting that Order), the ground floors of each live-work unit shall only be within Class E(g) of the Use Classes Order 1987 (as amended). At no time shall the ground floor be used for habitable living accommodation. The reason for the condition is :- To prevent noise disruptions which could occur from a business use which would not be suitable within a residential area, in accordance with Core Strategy (2015) Policy CS9 and Local Plan Part 2 (2021) Policy A1 and in the interests of mitigating flood risk by ensuring that vulnerable habitable residential accommodation is not provided on the ground floor, in accordance with Core Strategy (2015) Policy CS13.
17.The ground floor 'work unit' shall only be used by the occupier of the 'live unit' above to which is relates and at no time shall they be sold, leased or occupied independently from the 'live unit' to which they relate, nor shall the common ownership of the work unit and main dwelling be severed. The reason for the condition is :- The live-work nature is an integral part of the scheme and any additional amenity or highways impacts which could result from separate business units operating has not been assessed.
18.The Flood Warning and Evacuation Plan (3382_01) shall be be made available to all occupiers of the site upon occupation of the development. The development shall continue to be operated thereafter in accordance with the Flood Warning and Evacuation Plan in perpetuity. The reason for the condition is :- To minimise the risk to the occupants in the event of flooding in accordance with Policy CS13 of the adopted Great Yarmouth Local Plan Core Strategy (2015).
19.Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any amendment revoking or re-enacting that Order) the dwellings hereby permitted shall not be further extended in any way without first obtaining the express written permission of the Local Planning Authority. The reason for the condition is:- To enable the Local Planning Authority to retain control over any further extensions to the dwelling in the interests of residential amenity, in accordance with Core Strategy (2015) Policy CS9 and Local Plan Part 2 (2021) Policy A1.
20.Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any amendment revoking or re-enacting that Order) there shall be no additional windows or openings formed in the dwellings hereby permitted shall not be further extended in any way without first obtaining the express written permission of the Local Planning Authority. The reason for the condition is:- To prevent unacceptable levels of overlooking which could occur with additional window openings; in accordance with Core Strategy (2015) Policy CS9 and Local Plan Part 2 (2021) Policy A1.
21.No part of the proposed structure (to include fascia board / rainwater goods and guttering) shall overhang or encroach upon highway land and no gate / door / ground floor window if installed shall open outwards over the highway. The reason for the condition is:- In the interests of highway safety; in accordance with Core Strategy (2015) Policy CS16.
22.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.
23.REASON FOR APPROVAL OF THE APPLICATION :- The proposal sees the redevelopment of previously developed land within a highly sustainable location, complying with the aims of Core Strategy (2015) Policies CS1 and CS2.
24.NOTES - Please read the following notes carefully:- Asbestos Note: 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) Contamination Disclaimer NOTE: The responsibility for the safe development and secure occupancy of the site rests with the developer. The local planning authority has determined the application on the basis of 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. 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. Construction noise notification: 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.
25.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
26.NOTES - Please read the following notes carefully:- THIS PERMISSION IS SUBJECT TO AND SHOULD BE READ IN CONJUNCTION WITH AN AGREEMENT DATED THE 4th December 2024 MADE PURSUANT TO SECTION 106 OF THE TOWN AND COUNTRY PLANNING ACT.