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: - Location plan, block plan, proposed plans and elevations, ref: 1883/2 revision B dated January 2025. The reason for the condition is :- In the interests of the visual amenities of the area and for the avoidance of doubt to confirm the approval, in accordance with Core Strategy (2015) Policy CS9.
3.The materials to be used in the external walls and roof of the development hereby permitted shall match those of the existing adjoining building in accordance with the details stated in the application form. The reason for the condition is :- In the interests of the visual amenities of the area, in accordance with Core Strategy (2015) Policy.
4.No occupation of the dwelling hereby approved shall occur until: (a) the habitat creation and enhancement works set out in the approved Biodiversity Gain Plan have first been completed (under the Biodiversity Net Gain Deemed condition); (b) any off-site BNG units or credits required as part of the BNG Plan have been purchased; and, (c) a Completion Report, evidencing the completed habitat enhancements, has first been submitted to and approved in writing by the Local Planning Authority. The reason for the condition is :- In the interests of ensuring measurable biodiversity net gains in accordance with Core Strategy (2015) Policy CS11 and Local Plan Part 2 (2021) policy E4, and to ensure the development is able to address the separate requirements of the deemed pre-commencement condition and achieve the required 10% statutory Biodiversity Net Gain within the requirements of Schedule 7A of the Town and Country Planning Act 1990 (inserted by the Environment Act 2021), by ensuring that the start of the 30 year time period is clearly recorded.
5.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).
6.The dwellings shall be constructed 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-time use) in line with World Health Organisation guidance, with windows shut and other means of ventilation provided. The reason for the condition is :- To ensure adequate living conditions for future occupiers and to World Health Organisation guidance levels
7.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. The approved plan shall remain in place and be implemented throughout each phase of the development. The reason for the condition is:- In the interests of the amenities of the locality.
8.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.
9.Prior to the commencement of the use hereby permitted the vehicular accesses indicated for improvement on Drawing No. 1883/2 shall be widened in accordance with the Norfolk County Council residential access construction specification in accordance with 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 carriageway. 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 and traffic movement.
10.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 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.
11.Prior to the first occupation/use of the development hereby permitted the proposed access/on-site car and cycle parking 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.
12.There shall be no occupation of the dwelling hereby permitted until appropriate cycle storage and the proposed shed shown on the plans has first been provided and made available for use. The facilities shall thereafter be retained and available for use. The reason for the condition is :- In the interests of promoting sustainable travel, in accordance with Core Strategy (2015) Policy CS16.
13.INFORMATIVE: 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 (£315.58) and off-site public open space enhancement (£1,357.25).
14.INFORMATIVE: The following condition is the STATUTORY DEEMED BIODIVERSITY GAIN CONDITION required under Schedule 7A to the Town and Country Planning Act 1990, which you are also required to comply with prior to commencement of development: There shall be no commencement of the development hereby permitted until a Biodiversity Gain Plan has first been submitted to and approved in writing by the Local Planning Authority. The Biodiversity Gain Plan must address all of the matters under paragraph 14(2) of Schedule 7A to the Town and Country Planning Act 1990 and Article 37C(2) of The Town and Country Planning (Development Management Procedure) (England) Order 2015. In addition, as the development is not anticipated to proceed in phases, the matters specified under Article 37C(4) of The Town and Country Planning (Development Management Procedure) (England) Order 2015 must also be addressed. The Biodiversity Gain Plan to be submitted must include: a) information about the steps taken or to be taken to minimise the adverse effect of the development on the biodiversity of the onsite habitat and any other habitat; b) the pre-development biodiversity value of the onsite habitat; c) the post-development biodiversity value of the onsite habitat; d) any registered offsite biodiversity gain allocated to the development and the biodiversity and the biodiversity value of that gain in relation to the development; e) any biodiversity credits purchased for the development; and f) any such other matters as the Secretary of State may by regulations specify. Please be aware that:- Under paragraph 15 of Schedule 7A, the planning authority must only approve the Biodiversity Gain Plan if they are satisfied that: i. the pre-development biodiversity value of the onsite habitat is as specified in the plan; ii. the post-development biodiversity value of the onsite habitat is at least the value specified in the plan; iii. in the case where the registered offsite biodiversity gain is specified in the plan, as allocated to the development: - the registered offsite biodiversity gain is so allocated (and, if the allocation is conditional, that any conditions attaching to the allocation have been met or will be met by the time the development begins), and - the registered offsite biodiversity gain has the biodiversity value specified in the plan in relation to the development; iv. that any biodiversity credits specified in the plan as purchased for the development have been so purchased; and v. the Biodiversity Net Gain objective is met. In addition: - In determining whether to approve the plan, a planning authority must take into account how the Biodiversity Gain Hierarchy will be followed, and any reasons where it cannot be followed (except in relation to irreplaceable habitats where the Hierarchy does not apply). Re: Irreplaceable habitat: - If prior to commencement of development the onsite habitat includes irreplaceable habitat (within the meaning of the Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024) there are additional requirements for the content and approval of Biodiversity Gain Plans. The Biodiversity Gain Plan must include, in addition to information about steps taken or to be taken to minimise any adverse effect of the development on the habitat, information on arrangements for compensation for any impact the development has on the biodiversity of the irreplaceable habitat. The planning authority can only approve a Biodiversity Gain Plan if it is satisfied that the adverse effect of the development on the biodiversity of the irreplaceable habitat is minimised and appropriate arrangements have been made for the purpose of compensating for any impact which do not include the use of biodiversity credits.
15.INFORMATIVE: The effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 is that planning permission granted for the development of land in England is deemed to have been granted subject to the condition "(the biodiversity gain condition") that development may not begin unless: (a) a Biodiversity Gain Plan has been submitted to the planning authority, and (b) the planning authority has approved the plan. The planning authority, for the purposes of determining whether to approve a Biodiversity Gain Plan if one is required in respect of this permission is Great Yarmouth Borough Council. Based on the information available this permission is considered to be one which will require the approval of a biodiversity gain plan before development is begun because none of the statutory exemptions or BNG transitional arrangements are considered to apply.
16.INFORMATIVE: Protected Species: The applicant should note that under the terms of the Wildlife and Countryside Act 1981, it is an offence to disturb nesting birds, bats their roosts and other protected species. You should note that work hereby granted consent does not override the statutory protection afforded to these species and you are advised to seek expert advice if you suspect that nesting birds, bats and other species will be disturbed.
17.INFORMATIVE: 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.
18.INFORMATIVE: 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)
19.INFORMATIVE: 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.
20.INFORMATIVE: 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.