Great Yarmouth Borough Council

No.	Condition Text
1.	CONDITION 3 is NOT Discharged. Condition 3 of pp 06/24/0247/F required that the Local Planning Authority be 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 documentation supporting this application is listed as follows: - Correspondence re. Bat Licence dated 10th June 2025 - Licence Return Form - WML-CL21 The Bat Mitigation Licence was not issued until after the existing building was demolished, and therefore the building was demolished without a Bat licence having been first obtained. As such, the condition cannot be discharged and the application is REFUSED.
2.	NOTES - Please read the following notes carefully:- The Officers Delegated Report in support of this decision sets out the Council's opinion on the lawfulness of the original permission ref. 06/24/0247/F. This concludes that whilst condition 3 cannot be discharged, the failure to comply with this condition prior to commencement (including demolition) is not considered to have rendered the development unlawful. If they so wish, the applicant/developer can submit a s73 application seeking removal of condition 3 of planning permission ref: 06/24/0247/F as it is considered no longer relevant.

No.

Condition Text

CONDITION 3 is NOT Discharged. Condition 3 of pp 06/24/0247/F required that the Local Planning Authority be 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 documentation supporting this application is listed as follows: - Correspondence re. Bat Licence dated 10th June 2025 - Licence Return Form - WML-CL21 The Bat Mitigation Licence was not issued until after the existing building was demolished, and therefore the building was demolished without a Bat licence having been first obtained. As such, the condition cannot be discharged and the application is REFUSED.

NOTES - Please read the following notes carefully:- The Officers Delegated Report in support of this decision sets out the Council's opinion on the lawfulness of the original permission ref. 06/24/0247/F. This concludes that whilst condition 3 cannot be discharged, the failure to comply with this condition prior to commencement (including demolition) is not considered to have rendered the development unlawful. If they so wish, the applicant/developer can submit a s73 application seeking removal of condition 3 of planning permission ref: 06/24/0247/F as it is considered no longer relevant.