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 strict accordance with the following revised plans and details received by the Local Planning Authority on the dates listed below: Proposed Plans and Site Location Plan reference 1854/2 rev A, dated September 2025, received on 3 September 2025 Electric Vehicle Charging Strategy, dated May 2025, received 11 June 2025 Water Efficiency Calculator, received 28 May 2025 Arboricultural Implications Assessment, Farmland Forestry Limited - J Foster Tree Report dated 13 March 2024, received on 28 May 2025. The reason for the condition is:- For the avoidance of doubt of what has been approved and in the interests of proper planning.
3.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.
4.No works shall commence on the site until such time as detailed plans of the roads, footways, cycleways, street lighting, foul and surface water drainage have been submitted to and approved in writing by the Local Planning Authority. All construction works shall be carried out in accordance with the approved plans. The reason for the condition is: - This needs to be a pre-commencement condition to ensure fundamental elements of the development that cannot be retrospectively designed and built are planned for at the earliest possible stage in the development and therefore will not lead to expensive remedial action and adversely impact on the viability of the development.
5.No development shall take place until an archaeological written scheme of investigation has been submitted to and approved by the local planning authority in writing. The scheme shall include an assessment of significance and research questions and shall contain the following requirements: 1) The programme and methodology of site investigation and recording, 2) The programme for post investigation assessment, 3) Provision to be made for analysis of the site investigation and recording, 4) Provision to be made for publication and dissemination of the analysis and records of the site investigation, 5) Provision to be made for archive deposition of the analysis and records of the site investigation, 6) Nomination of a competent person or persons/organisation to undertake the works set out within the written scheme of investigation, and 7) any further project designs as addenda to the approved WSI covering subsequent phases of mitigation as required. The reason for this condition is :- To enable investigation and recording of this site of archaeological interest to take place during the period of building or engineering works.
6.The materials to be used in the development hereby permitted shall be used in accordance with the details stated on the approved plan. The reason for the condition is :- In the interests of the visual amenities of the area in accordance with Core Strategy Policy CS9 and Local Plan Part 2 policy A2.
7.There shall be no residential occupation of the dwelling hereby approved until all works have been carried out on roads/footways/street lighting/foul and surface water sewers in accordance with the approved specification to the satisfaction of the Local Planning Authority. The approved specification shall be that which is to be first approved under Condition 4 of this permission. The reason for the condition is: - To ensure satisfactory development of the site and to ensure estate roads are constructed to a standard suitable for adoption as public highway.
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.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 reason for the condition is :- In the interests of the residential amenities of the occupiers of nearby dwellings, in accordance with Core Strategy Policy CS9 and Local Plan Part 2 policy A1.
10.No development shall take place other than in accordance with the written scheme of investigation approved under Condition 5 of this permission, and any addenda to that WSI covering subsequent phases of mitigation. The reason for the condition is :- In order to enable investigation and recording of this site of archaeological interest to take place during the period of building or engineering works.
11.The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the archaeological written scheme of investigation approved under Condition 5 of this permission, and the provision to be made for analysis, publication and dissemination of results and archive deposition has been secured. The reason for this condition is :- To enable investigation and recording of this site of archaeological interest to take place during the period of building or engineering works.
12.All approved tree protection measures (detailed in Farmland Forestry Limited - J Foster Tree Report dated 13 March 2024) are to be installed prior to the commencement of development work to implement this planning permission. The approved tree protection measures are to be maintained in good condition and adhered to throughout the construction period. Unless otherwise agreed in writing by the Local Planning Authority, no construction-related activities (for example: storage and/or siting of: vehicles, fuel, materials, site huts or other buildings or ancillary equipment; raising of lowering of ground levels; installation of underground services, drains; lighting of fires etc.) may be undertaken within the identified Construction Exclusion Zones and fenced areas. In the event that any tree(s) become damaged during construction, the Local Planning Authority shall be notified, and remedial action agreed and implemented. In the event that any tree(s) dies or is removed without the prior approval of the Local Planning Authority, it shall be replaced within the first available planting season, in accordance with details to be agreed with the Local Planning Authority. The reason for the condition is:- To ensure existing trees are protected during site works in the interests of the visual amenity of the area and the satisfactory appearance of the development in accordance with Core Strategy Policy E4.
13.No occupation of the dwelling hereby approved shall take place until the habitat creation and enhancement works to be approved within the Biodiversity Gain Plan have first been completed. The reason for the condition is :- To ensure the development delivers a biodiversity net gain on site in accordance with Schedule 7A of the Town and Country Planning Act 1990 (inserted by the Environment Act 2021).
14.If within a period of 30 years from the date of planting any part of the Biodiversity Gain Plan Scheme habitat features, any tree, plant, shrub, or hedgerow (or any replacement planted in its place) is removed, uprooted, destroyed, dies, or becomes, in the opinion of the Local Planning Authority, seriously damaged or defective, it shall be replaced by a tree, plant, or shrub of the same species and size as originally planted, in the same location, unless the Local Planning Authority gives its prior written consent to any variation. The reason for the condition is :- To ensure a high quality of development is maintained, 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 Core Strategy (2015) Policies CS9 and CS11 and Local Plan Part 2 (2021) Policies A2 and E4, and to ensure the development is capable of addressing the deemed pre-commencement condition for the Biodiversity Net Gain requirements within Schedule 7A of the Town and Country Planning Act 1990 (inserted by the Environment Act 2021).
15.The development shall not commence until a Habitat Management and Monitoring Plan (HMMP), or similar document, has first been prepared in accordance with the approved Biodiversity Gain Plan, and has been submitted to, and approved in writing by, the Local Planning Authority. The Plan shall include as a minimum: (a) a non-technical summary; (b) the roles and responsibilities of the people or organisation(s) delivering the HMMP; (c) the planned habitat creation and enhancement works to create or improve habitat to achieve the biodiversity net gain in accordance with the approved Biodiversity Gain Plan; (d) the management measures to maintain habitat in accordance with the approved Biodiversity Gain Plan for a period of 30 years from the completion of development; and (e) the monitoring methodology and frequency in respect of the created or enhanced habitat to be submitted to the local planning authority. The reason for the condition is :- To ensure the development delivers a biodiversity net gain on site in accordance with Schedule 7A of the Town and Country Planning Act 1990 (inserted by the Environment Act 2021).
16.Monitoring reports shall be submitted to local planning authority in writing in accordance with the methodology and frequency specified in the details approved in Condition 15 of this permission. The reason for the condition is :- To ensure the development delivers a biodiversity net gain on site in accordance with Schedule 7A of the Town and Country Planning Act 1990 (inserted by the Environment Act 2021).
17.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 £304.17 received 04.12.2025 and for off-site public open space provision and enhancement amounting to £1355.80 (received 04.12.2025).
18.INFORMATIVE 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.
19.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.
20.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.
21.INFORMATIVE The developer is informed that along the eastern boundary of the site are a line of Lombardy Poplar trees which are protected as a group by Tree Preservation Order ref: TPO No.5 2021. A Tree Preservation Order (TPO) is an order made by a local planning authority in England to protect specific trees, groups of trees or woodlands in the interests of amenity. An Order prohibits the: cutting down, topping, lopping, uprooting, wilful damage and wilful destruction of trees without the local planning authority's written consent. If consent is given, it can be subject to conditions which have to be followed. In the Secretary of State's view, cutting roots is also a prohibited activity and requires the authority's consent.