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 and documents - . Site Location Plan, Drawing No. GC/431/03, dated March 2024 . Proposed Site Layout and Elevations and Floor Plans, Drawing No. GC/431/04 Rev A, dated Sept 2024 . Ecology Report, prepared by MHE Consulting, Issue 2 Rev 2, dated 1 March 2024 . Desk Study and Risk Assessment, prepared by Norfolk Partnership Laboratory, Ref: 105534 dated June 2024. The reason for the condition is:- For the avoidance of doubt of what has been approved and in the interest of proper planning.
3.No development shall take place (including demolition of Decoy Tavern and adjoining buildings as identified in Ecology Report, prepared by MHE Consulting, Issue 2 Rev 2, dated 1 March 2024) unless the Local Planning Authority has first been provided with a copy of a European Protected Species (EPS) Mitigation Licence issued by Natural England pursuant to Regulation 55 of the Conservation of Species and Habitats Regulations 2017 (as amended) authorising the specified activity/development to go ahead. The reason for the condition is :- In the interests of protected species as there is bat presence confirmed within the development site, and in order to mitigate any adverse impacts on ecological interests in accordance with Core Strategy Policy CS11.
4.Notwithstanding the details indicated on the approved drawings, no development shall take place until the following information has 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 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 in accordance with Core Strategy Policy CS9, Local Plan Part 2 Policies A1 and A2 and Belton with Browston, Burgh Castle and Fritton with St Olaves Neighbourhood Plan Policy 5.
5.Development shall not commence (including demolition) until a scheme detailing provision for on site parking for construction workers for the duration of the construction period has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented throughout the construction period. The reason for the condition is : - To ensure adequate off-street parking during construction in the interests of highway safety in accordance with Core Strategy Policy CS16. This needs to be a pre-commencement condition as it deals with the construction period of the development.
6.Notwithstanding the details indicated on the approved drawings, no development (including demolition) shall take place until there has been submitted to and approved by the Local Planning Authority a scheme of landscaping and boundary treatments (to be informed by the Ecology Report, prepared by MHE Consulting, Issue 2 Rev 2, dated 1 March 2024), which shall include indications of all existing trees and hedgerows on the land, and details of any to be retained, together with measures for their protection in the course of development. The scheme as approved shall be carried out prior to the first occupation of the dwellings and retained as such thereafter. The reason for the condition is:- To ensure the development delivers a biodiversity net gain within the borough and secures the protection and effective management of the remaining habitat on site in accordance with policy CS11 of the Core Strategy 2015 and policy GSP6 of the Local Plan Part 2 and in the interests of the satisfactory appearance of the development and the amenities of adjoining residents in accordance with Core Strategy Policy CS9, Local Plan Part 2 Policies A1 and A2 and Belton with Browston, Burgh Castle and Fritton with St Olaves Neighbourhood Plan Policy 5.
7.No development including demolition shall take place within the application site until the applicant, or their agents or successors in title, has completed a programme of historic building recording. In this instance the programme of historic building recording would comprise a photographic survey of the interior and exterior of The Decoy Tavern and its adjoining buildings. Once complete, the photographic survey shall be submitted to the Local Planning Authority for publication and dissemination of results and archive deposition. The reason for the condition is :- To ensure the historical interest of the site is investigated and recorded in accordance with Core Strategy Policy CS10.
8.A preliminary risk assessment has been carried out, Desk Study and Risk Assessment, prepared by Norfolk Partnership Laboratory, Ref: 105534 dated June 2024. The preliminary risk assessment recommends further investigation of the site as set out in section 6. 1) With the exception of above ground clearance and demolition works no development shall take place until a site investigation scheme and a full risk assessment, based on the preliminary risk assessment has been 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 2) 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. 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 Local Plan Part 2 Policy E6. 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.
9.No development shall take place (including any demolition, ground works or site clearance) until a biodiversity method statement encompassing the recommendations of the Ecology Report, prepared by MHE Consulting, Issue 2 Rev 2, dated 1 March 2024, under section 5 has been submitted to and approved in writing by the Local Planning Authority. The content of the method statement will include: · Purpose and objectives for the proposed works, · Detailed designs and/or working methods necessary to achieve the stated objectives · Extent and location of proposed works shown on appropriate scale maps and plans · Timetable for implementation, demonstrating that works are aligned to the proposed phasing of construction · Persons responsible for implementation of the works · Initial aftercare and long-term maintenance (where relevant) · Disposal of any wastes arising from works. The works shall be carried out strictly in accordance with the approved details and shall be retained in that manner thereafter. The reason for the condition is :- To ensure the development delivers a biodiversity net gain within the borough and secures the protection and effective management of the remaining habitat on site in accordance with policy CS11 of the Core Strategy 2015 and policy GSP6 of the Local Plan Part 2.
10.Notwithstanding the details indicated on the approved drawings, no work shall progress above slab level until further details of external materials of walls, roofs, windows, doors and detailing to be used in all dwellings and carports in the development have first been submitted to and approved 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 in accordance with Core Strategy Policy CS9, Local Plan Part 2 Policy A2 and Belton with Browston, Burgh Castle and Fritton with St Olaves Neighbourhood Plan Policy 5.
11.Notwithstanding the details indicated on the submitted drawings no works above slab level shall commence on site unless otherwise agreed in writing until detailed drawings for the off-site highway improvement works (namely new access, existing access closures/footway works as indicated on Drawing No. GC/431/04 Rev A) have been submitted to and approved in writing by the Local Planning Authority. The reason for the condition is :- To ensure that the highway improvement works are designed to an appropriate standard in the interest of highway safety and to protect the environment of the local highway corridor in accordance with Core Strategy Policy CS16.
12.No works above slab level shall take place until a statement demonstrating how the dwellings 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 Local Plan Part 2 Policy E7.
13.No development other than the works required for the laying of foundations shall begin until full details of the means of surface water drainage for buildings and hard surfaces, have been submitted to and agreed in writing with the local planning authority. The details should include the results from percolation tests if appropriate and incorporate installation of water efficiency and water saving devices such as rain saver systems. The development shall be carried out in accordance with the agreed details prior to the first occupation and shall be retained as such thereafter. It should be noted that it is the applicants/developers/owners responsibility to ensure adequate drainage of the site so as not to adversely affect surrounding land, property or highway. The reason for the condition is :- To minimise the possibilities of flooding in accordance with Core Strategy Policy CS13.
14.Prior to the first occupation of the development hereby permitted the vehicular access shall be constructed in accordance with the highway's specification for the first 5m as measured from the near edge of the highway carriageway and thereafter retained at the position shown on Drawing No. GC/431/04 Rev A. 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.
15.Prior to the first occupation of the development hereby permitted the proposed access, on-site car 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 satisfactory development and highway safety in accordance with Core Strategy Policy CS16.
16.Prior to the first occupation of the development hereby permitted visibility splays shall be provided in full accordance with the details indicated on the approved plan (Drawing No. GC/431/04 Rev A). The splays shall thereafter be maintained at all times free from any obstruction exceeding 0.225 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.
17.Prior to the first occupation of the development hereby permitted the off-site highway improvement works referred to in Condition 11 shall be completed. The reason for the condition is :- To ensure that the highway network is adequate to cater for the development proposed in accordance with Core Strategy Policy CS16.
18.Prior to the first occupation of each dwelling, provision shall be made for a minimum 7Kw wired and working electric vehicle charger - either post or wall mounted in the locations as indicated on Drawing No. GC/431/04 Rev A. This shall be retained as such thereafter. The reason for the condition is :- To ensure the development complies with Policy I1 of the Local Plan regarding charging of plug-in and other ultra low-emission vehicles in safe, accessible and convenient locations
19.Vehicular access to and egress from the adjoining highway shall be limited to the access shown on Drawing No. GC/431/04 Rev A only. Any other access or egress shall be permanently closed, and the footway/highway verge shall be reinstated in accordance with a detailed scheme to be agreed with 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.
20.Notwithstanding the provision of the Town and Country Planning (General Permitted Development) Order (2015), (or any Order revoking, amending or re-enacting that Order) no gates/bollard/chain/other means of obstruction shall be erected across the approved vehicular access unless details have first been submitted to and approved in writing by the Local Planning Authority. The reason for the condition is :- In the interests of highway safety in accordance with Core Strategy Policy CS16.
21.The dwellings hereby permitted shall be constructed in accordance with the requirements of Part M4(2) of the Building Regulations. The reason for the condition is :- In the interests of promoting and securing accessible housing in accordance with Local Plan Part 2 Policy A2.
22.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.
23.The development hereby permitted shall only be connected to the public mains sewer network. The development shall thereafter remain connected for the duration of its use. 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 the Conservation of Habitats and Species Regulations 2017 (as amended).
24.No additions or alterations to the side and rear roof/s of the dwellings or any other works as defined by Classes B and C of Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order) (with or without modification), shall be made unless an appropriate planning application is first submitted to and approved by the local planning authority. The reason for the condition is :- In the interests of the satisfactory appearance of the development and the amenities of adjoining residents in accordance with Core Strategy Policy CS9, Local Plan Part 2 Policies A1 and A2 and Belton with Browston, Burgh Castle and Fritton with St Olaves Neighbourhood Plan Policy 5.
25.No external lighting shall be installed unless full details of its design, location, orientation and level of illuminance have first been submitted to and approved in writing by the Local Planning Authority, and such lighting shall be designed around a strategy for light-sensitive biodiversity and dark skies. Such lighting shall be kept to the minimum necessary for the purposes of security and site safety and shall prevent upward and outward light radiation. The lighting shall thereafter be implemented in accordance with the details as approved and shall be retained as such thereafter. The reason for the condition is :- In the interests of retained natural habitats confirmed within the development in order to mitigate any adverse impacts on ecological interests and to address light spillage and eliminate all unnecessary forms of artificial outdoor lighting da in accordance with policies CS11 and E6 of the local plan and policy 9 of the Belton with Browston, Burgh Castle and Fritton with St Olaves Neighbourhood Plan.
26.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 hereby acknowledged that the application has been accompanied by the appropriate and necessary financial contributions for GIRAMS Habitat Impacts Mitigation amounting to £663.51 received (16.01.2025) and for off-site public open space provision and enhancement amounting to £3015.30 (received 21.01.2025).
27.NOTES - Please read the following notes carefully:- 1. It is an OFFENCE to carry out any works within the Public Highway, which includes a Public Right of Way, without the permission of the Highway Authority. This development involves work to the public highway that can only be undertaken within the scope of a Legal Agreement between the Applicant and the County Council. Please note that it is the Applicant's responsibility to ensure that, in addition to planning permission, any necessary Agreements under the Highways Act 1980 are also obtained and typically this can take between 3 and 4 months. Advice on this matter can be obtained from the County Council's Highways Development Management Group based at County Hall in Norwich. Please contact tel:: 0344 800 8020 or email: developer.services@norfolk.gov.uk 2. Public Utility apparatus may be affected by this proposal. Contact the appropriate utility service to reach agreement on any necessary alterations, which have to be carried out at the expense of the developer. If required, street furniture will need to be repositioned at the Applicants own expense. 3. It is the Applicant's responsibility to clarify the boundary with the public highway. Private structures such as fences, or walls will not be permitted on highway land. The highway boundary may not match the applicant's title plan. For further details please contact the highway research team at highway.boundaries@norfolk.gov.uk 4. 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) 5. Contamination Disclaimer: 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. 6. Noise: Protection of individual dwellings - daytime & night-time: The dwelling/s shall be constructed so as to provide sound attenuation against external noise and ensure internal sound levels no greater than: a) 35dB LAeq (16 hour) in the main living rooms of the dwelling(s) (for daytime and evening use); and b) 30dB LAeq (8 hour)/45dB LAmax (fast) in the bedrooms of the dwelling(s) (for night-timeuse) in line with World Health Organisation guidance, with windows shut and other means ofventilation provided. To ensure adequate living conditions for future occupiers and to World Health Organisation guidance levels. 7. Hours of Work: Due to the close proximity of other residential dwellings and businesses, the hours of any construction including demolition or refurbishment works should be restricted to reduce the likelihood of noise disturbance to: . 0730 hours to 1830 hours Monday to Friday . 0830 hours to 1330 hours Saturdays . No work on Sundays or Bank Holidays. 8. Air Quality - Construction. 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. 9. Construction noise notification: The developer 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.