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 :- Required to be imposed pursuant to 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 20/07/2026: - Site Location Plan: P01 A - Proposed Plans & Elevations: P03 A - BNG Masterplan: P04 - BNG Small Sites Metric The reason for the condition is:- To define the permission and for the avoidance of doubt.
3.With the exception of above ground clearance, demolition works and tree protection works, no development shall take place until the following components of a scheme to manage the risks associated with contamination of the site have been submitted to and approved, in writing, by the local planning authority as necessary: 1) A preliminary risk assessment which has identified: a) all previous uses b) potential contaminants associated with those uses c) a conceptual model of the site indicating sources, pathways and receptors d) potentially unacceptable risks arising from contamination at the site; 2) If the preliminary risk assessment identifies a potential unacceptable risk from contamination, a site investigation scheme and a full risk assessment, based on the preliminary risk assessment shall be undertaken, to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site. The site investigation scheme and full risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The report of the findings must include: a) a survey of the extent, scale and nature of contamination b) an assessment of the potential risks to: (i) human health; (ii) property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes; (iii) adjoining land; (iv) controlled waters; (v) ecological systems; (vi) archaeological sites and ancient monuments. c) an appraisal of remedial options and proposal of the preferred option(s). This must be conducted in accordance with the Governments guidance 'Land Contamination Risk Management' 3) If the site investigation scheme and full risk assessment identifies a need for remediation, a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks identified at 2) b). The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of land after remediation. 4) Where a remediation scheme is submitted and approved under part 3) of this condition, the approved remediation scheme must be carried out in accordance with its terms prior to the commencement of groundworks, other than that required to carry out remediation, unless otherwise agreed, in writing, by the Local Planning Authority. 5) Where a remediation scheme is submitted and approved under part 3) of this condition, the local planning authority shall be given prior written notification of commencement of the remediation scheme works. Following the completion of measures identified in any approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out shall be produced. No occupation of the development shall take place until the verification report has been submitted to and approved in writing by the local planning authority, unless a revised timetable for submission of the verification report has been first agreed in writing by the local planning authority. 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 National Policy P2: Ground conditions of the NPPF. The condition is pre-commencement as it is essential that the contamination on site is investigated, and a remediation plan drawn up before construction commences to ensure that pollutants are not mobilised and to avoid and future harm to residents.
4.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 National Policy P2: Ground conditions of the NPPF.
5.No use of the development hereby permitted shall take place until such time that: (a) the habitat creation and enhancement works set out in the approved Biodiversity Net Gain Plan have 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 been submitted to, and approved in writing by the Local Planning Authority. The reason for the condition is :- To ensure the development is able to address the requirements of the deemed precommencement 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.Biodiversity Net Gain (BNG) Condition/Information The development granted by this notice must not begin unless: a) A Biodiversity Gain Plan has been submitted to the planning authority, and b) The planning authority has approved the plan. Details about how to comply with the statutory condition are set out below. Biodiversity Net Gain - Paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 states that planning permission 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; OR b) the development is exempt from the biodiversity gain condition. 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 (GYBC). There are statutory exemptions and transitional arrangements which mean that the biodiversity gain condition does not always apply. Details of these exemptions and associated legislation are set out in the planning practice guidance on biodiversity net gain (Biodiversity net gain - GOV.UK (www.gov.uk)) Based on the information available, this permission is considered by GYBC to require the approval of a biodiversity gain plan before development is begun, because none of the statutory exemptions or transitional arrangements are considered to apply.
7.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.