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 revised plans received by the Local Planning Authority on the 17 March 2026: - 8546 P18 - Existing Site Plan - 8546 P17 - Location Plan - 8546 P21 - Existing Floor Plan and Elevations and the following revised plans received by the Local Planning Authority on the 1 July 2026: - 8546 P19D - Proposed Site Plan - 8546 P20C - Proposed Floor Plan and Elevations The reason for the condition is :- To define the permission and for the avoidance of doubt.
3.The area of external seating on both the new decking area and the area labelled as 'Beer Garden' on approved site plan P19 revision D shall be used only in association with the use of the Pier Taven public house and the area enclosed by a red line on the approved site plan, and shall not be severed or detached from that use without first gaining the express written permission of the Local Planning Authority. The reason for the condition is :- In the interests of protecting the visual amenities of the area through minimising the use of additional signage and materials associated with any additional planning units created, and in the interests of protecting the amenities of nearby residents and uses, in accordance with Core Strategy (2015) Policies CS9 and CS10 and Local Plan Part 2 (2021) policies A1, R1 and R6.
4.The development hereby permitted 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 details of the HMMP shall ensure there is a minimum 10% net gain in biodiversity within a 30 year period as a result of the development hereby permitted, and shall include 30 year objectives, management responsibilities, maintenance schedules and a methodology to ensure the submission of monitoring reports. The details to be submitted within the HMMP shall be required to demonstrate to the Local Planning Authority that the habitat creation and enhancements will be maintained for 30 years from the completion of development (in accordance with Paragraph 9(3) of Schedule 7A of the Town and Country Planning Act 1990). 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 :- In the interests of ensuring measurable net gains to biodiversity 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 within the requirements of Schedule 7A of the Town and Country Planning Act 1990 (inserted by the Environment Act 2021), by making sure that the Biodiversity Net Gain and Biodiversity Gain Plan address the up-to-date condition of the development site and its habitat value at the time of the commencement of development.
5.No use of the hereby approved decking area or beer garden shall occur until: (a) the habitat creation and enhancement works set out in the approved HMMP (or other approved document under Condition 4 of this permission) have first been completed; (b) any off-site BNG 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.
6.The created and/or enhanced habitat specified in the Biodiversity Gain Plan shall be managed and maintained in accordance with the approved Biodiversity Gain Plan and Habitat Management and Monitoring Plan (or other approved document under Condition 4 of this permission). The reason for the condition is :- To ensure that the proposed development achieves the required 10% statutory Biodiversity Net Gain off-site in accordance with Schedule 7A of the Town and Country Planning Act 1990 and Policy CS11 of the Core Strategy (2015).
7.Prior to their installation the exact details, to include the colours, of the proposed external materials (balustrades and cladding) and the designs and materials of the railings to be used around the beer garden shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the agreed materials and retained as such thereafter. The reason for the condition is :- In the interests of the visual amenities of the area as precise details of the materials have not been submitted, in accordance with Core Strategy (2015) Policies CS9 and CS10.
8.No use of the hereby approved decking area and beer garden shall occur until details of an external lighting scheme have first been submitted to and approved in writing by the Local Planning Authority. The external lighting scheme shall then be installed in accordance with the approved details and shall be retained as such thereafter. The external lighting scheme shall include measures to ensure that it is sensitive to protected species and shall include the following measures: -Use of cowling to prevent upwards light spill. -Avoid the use of blue-white wavelengths. The reason for the condition is :- No details of external lighting have been provided, but are necessary to help with effective management of the area in the evenings, in the interests of protecting amenity of the wider area, in accordance with Core Strategy Policy CS9 and Local Plan Part 2 Policy A1 . Furthermore, the condition can ensure that any external lighting proposed does not result in excessive light pollution which would be detrimental to the surrounding environment, and in the interests of protected species, in accordance with Core Strategy (2015) Policy CS11 and Local Plan Part 2 (2021) Policy E6.
9.No use of the hereby approved decking area and beer garden shall occur until details of any CCTV to be installed to oversee their safe use have first been submitted to and approved in writing by the Local Planning Authority. The CCTV scheme shall then be installed in accordance with the approved details and shall be retained as such thereafter. The reason for the condition is :- In the interests of the visual amenities of the area and in the interests of promoting security and safety at the site, in accordance with Core Strategy Policies CS9 and CS11 and Local Plan Part 2 Policies A1 and E4.
10.No use of the development shall take place until a Flood Response Plan has first been submitted to and agreed in writing with the Local Planning Authority. This flood response plan, including information regarding the availability of the Environment Agency's Flood Warnings Service, shall be made available to future users of the site. The reason for the condition is :- The site falls within a Flood Risk Zone (3a) and a Coastal Erosion Zone (30m Costal Erosion Risk Zone). The condition is required in to minimise the risk to the future users of the site in the event of flooding, in accordance with Local Plan Core Strategy Policy CS13 and Local Plan Part 2 Policy E1
11.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.
12.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.
13.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.
14.INFORMATIVE: The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is an offence to remove, damage or destroy the nest of any wild bird while the nest is in use or being built. Planning consent for a development does not provide a defence against prosecution under this act. While trees and scrub are likely to contain nesting birds between 1st March and 31st August inclusive buildings can also support nesting birds. If works occur during the nesting period a careful check of the building by a competent ecologist should be undertaken to assess the nesting bird activity on the site during this period and has shown it is absolutely certain that nesting birds are not present.
15.INFORMATIVE: Occasionally European protected species, such as bats, can be found during the course of the development. In the event that this occurs, it is advised that the developer stops work immediately and seeks the advice of a suitably qualified ecological consultant.