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 the 3rd September 2024: - Location Plan; dwg. Ref. 034-24-05B Rev B - Flood Risk Assessment ref. 3542-RE-08-24-01 And the following revised documents received on the 17th July 2024: - Block Plan; dwg. Ref. 034-24-06 - Proposed Floor Plans; dwg. Ref. 034-24-05 - Proposed Elevations; dwg. Ref. 034-24-04 The reason for the condition is:- For the avoidance of doubt.
3.Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any amendment modifying, revoking or re-enacting that Order), the ground floor of the development indicated as "gallery" on floor plan dwg. ref. 034-24-05 shall only be used for purposes within Class F1 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 loss of a community facility, to minimise the impacts of flood risk by ensuring that vulnerable habitable residential accommodation is not provided on the ground floor, and to minimise potential amenity impacts on upper floor residential use which could arise if an inappropriate form of business use took place within this location, in accordance with Core Strategy (2015) Policies CS1, CS9, CS13 and CS15 and Local Plan Part 2 (2021) Policies A1, A2 and C1.
4.The uses of the ground floor areas indicated "shop" and "coffee shop" on approved dwg. ref. 034-24- 05 shall only be used as ancillary functions to the gallery use, and at no time shall be owned or leased separately from the gallery use. The reason for the condition is :- To enable the local planning authority to retain control over the development in terms of amenity and to ensure these areas are operated to ensure the function and viability of the gallery use as a community facility, as required by Core Strategy (2015) Policies CS9 and CS13 and Local Plan Part 2 (2021) Policies A1 and C1.
5.Planning permission for use of the first, second and attic floors of the building as a dwelling is hereby granted for the benefit of and sole use by the applicant(s) "Mr and Mrs Huggins" and their successors in title only. The dwelling hereby permitted shall not be used and/or occupied by any persons other than by the owners of the ground floor gallery, ancillary cafe and shop, and studios hereby permitted which shall at no time be owned and operated by any other persons than the owner and occupier of the residential dwelling above. At no time shall the dwelling be sold, leased or occupied independently from the ground floor, nor shall the common ownership of the ground floor and main dwelling be severed. The reason for the condition is :- To enable the Local Planning Authority to retain control over the development which has been permitted to meet a specific personal need and operational requirement for the development, and which would otherwise would not be considered appropriate due to the different uses within the development sharing an access and external curtilage space, which would make the development otherwise unacceptable in amenity and public safety terms. As such the restrictions are required to ensure the development accords with policies CS9 of the Core Strategy and A1 and A2 of the Local Plan Part 2.
6.Prior to the commencement of works to erect the rear extension, the exact types and colours of the materials to be used in the external works shall first be submitted to and approved by the Local Planning Authority. The development shall thereafter be carried out using the agreed materials. The reason for the condition is :- In the interests of the visual amenities of the area and to ensure there is no unacceptable heritage impact, as in accordance with Policies CS09, CS10 and E5, as precise details of the materials have not been submitted.
7.Prior to the installation of the proposed internal and external doors and windows, detailed drawings of the proposed doors and windows at a scale of no less than 1:20 and profiles of a scale no less than 1:5 shall first be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the details as approved and shall be retained as such thereafter. The reason for the condition is :- In the interests of the visual amenities of the area and to ensure there is no unacceptable heritage impact, as in accordance with Policies CS09, CS10 and E5, as precise details of the materials have not been submitted.
8.Prior to first occupation/use of the development hereby permitted a scheme for the parking of cycles shall be first submitted to and approved in writing by the Local Planning Authority. The scheme shall be fully implemented before the development is first occupied or brought into use and shall thereafter be 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.
9.Prior to the first occupation of the residential unit hereby approved details of a bin store to be incorporated into the amenity space as shown on the approved plans shall first be submitted to and approved in writing by the Local Planning Authority. The details shall include storage for both the commercial and residential facilities and include a strategy for the management of this waste. The bin store(s) shall remain available for that use thereafter. The reason for the condition is :- To ensure the adequate storage of bins for the purposes of visual amenity and heritage impact, in accordance with Policy CS09, CS10 and E5, as the precise details have not been submitted.
10.Prior to the first occupation/use of the development hereby permitted the proposed accesses and on-site car parking areas 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 areas, in the interests of satisfactory development and highway safety.
11.If, during development, contamination not previously identified is found to be present, then no further development shall be carried out in pursuance of this permission until a scheme has been submitted to and approved by the Council as Local Planning Authority detailing how this contamination shall be dealt with in accordance with the remediation scheme as set out above. Only when evidence is provided to confirm the contamination no longer presents an unacceptable risk, can development continue. 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 section 179 of the NPPF.
12.No residential occupation 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.
13.There shall be no use of the artist studios and cafe hereby permitted outside of the following hours: 09:00 - 18:00 Mondays - Saturdays 10:00 - 18:00 Sundays, Bank and Public Holidays. The reason for the condition is: - In the interests of local amenity in accordance with adopted policy CS09 of the Core Strategy and policy A1 of Local Plan Part 2.
14.Please be aware of the following ADVISORY NOTES: 1. This development involves works within the public highway that can only be carried out by Norfolk County Council as Highway Authority unless otherwise agreed in writing. 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. Please note that it is the Applicant's responsibility to ensure that, in addition to planning permission, any necessary consents or approvals under the Highways Act 1980 and the New Roads and Street Works Act 1991 are also obtained from the County Council. Advice on this matter can be obtained from the County Council's Highway Development Management Group, tel: 0344 800 8020 or email: developer.services@norfolk.gov.uk If required, street furniture will need to be repositioned at the Applicant's own expense. 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. 2. 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. 3. 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. 4. Hours of Work: Due to the close proximity of other residential dwellings and businesses, the hours of any construction 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.
15.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 £221.17 received on the 15th October 2024 and for off-site public open space provision and enhancement amounting to £1,311.07 (received 29th October 2024).