Great Yarmouth Borough Council Portal
No.Condition Text
1.Application for approval of reserved matters must be made not later than the expiration of three years beginning with the date of this permission and the development must be begun not later than whichever is the later of the following dates:- a) the expiration of five years from the date of this permission; or b) the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved. The reason for this condition:- Required to be imposed pursuant to Section 92 of the Town and Country Planning Act 1990.
2.No development whatsoever shall take place until details in whole or in part of the siting, design, external appearance, means of access and landscaping of the development have been submitted to and approved by the Local Planning Authority and the development shall be carried out strictly in accordance with such approved details. The reason for the condition is:- Such details have not been submitted as part of this application.
3.No development shall take place until such time as the applicant has entered into a Section 278 Agreement with respect of the works to form the roundabout and access road on Pasteur Road and such works shall be completed in accordance with the approved details prior to any development hereby permitted being brought into use. The reason for the condition is:- To ensure the provision of satisfactory highway approaches to the development proposed.
4.All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the occupation of the buildings or the completion of the development, whichever, is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation. The reason for the condition is:- In the interests of the visual amenities of the locality.
5.Construction and delivery vehicles must derive access from the link (access) road forming part of the development and not from Marsh Road The reason for the condition is:- In the interests of highways safety and in the interests of the residential amenities of the occupiers of the nearby properties.
6.Prior to the store being brought into use an acoustic screen and planted area shall be provided around the service yard in accordance with details to be submitted to and approved by the Local Planning Authority. Reversing alarms on vehicles shall not be used during the hours of 23.00 and 07.00 on any day. The reason for the condition is:- In the interests of the amenities of the occupiers of the nearby residential properties
7.The retail element of the development shall not exceed 20% of the built development on the overall site once completed. The reason for the condition is:- To ensure compliance with Policy EMP12 of the Borough-Wide Local Plan.
8.Prior to the commencement of the development full details of the proposed method of surface drainage water and treatments of the dykes crossing the site shall be submitted for the approval of the Local Planning Authority and works in accordance with such details as may be approved shall be completed prior to the store first being brought into use and shall thereafter maintained. The reason for the condition is:- In order to effect satisfactory drainage arrangements both on and from the site and to avoid problems of pollution of nearby watercourses and to avoid surcharging of the existing dyke system.
9.Prior to the retail store and Phase 1 of the Small Business Units hereby permitted being brought into operation a new road and cycle way to adoptable standard shall be constructed from the previously permitted roundabout on Pasteur Road (reference 06/98/0857/F) through to Marsh Road in accordance with details to be submitted to and approved by the Local Planning Authority and shall be available for use concurrently with the opening of the store. The reason for the condition is:- To ensure the proposal complies with the provisions of the Great Yarmouth Borough- Wide Local Plan to provide for a second access to Cobholm.
10.No development shall be occupied on the land to which the application relates unless and until the works referred to in paragraph (2) of this condition have been completed by the Secretary of State for the Environment Transport and the Regions. (2) The works referred to in paragraph (1) of this condition consist of the construction and installation of traffic signals and a dedicated left turn leg on the A12 Pasteur Road Roundabout as indicated on the applicants plan no.201039/27 dated August 2001 attached hereto subject to such modifications as the Secretary of State may decide to make. The reason for the condition is:- To ensure that the A12 Trunk Road continues to serve its purpose as part of the national system of routes for through traffic in accordance with Section 10 of the Highways Act 1980 and to satisfy the reasonable requirements of road safety on that road.
11.Unless otherwise agreed by the Local Planning Authority the floorspace for the sale of comparison goods shall not exceed 40% of the total net floorspace. Comparison goods are defined as clothing, footware, furniture, floorcoverings, household textiles, radio and electrical items, hardware and DIY supplies, chemist goods, jewellery, silverware, watches and clocks and recreational goods. The reason for the condition is:- To enable the Local Planning Authority to retain control over the retail sales taking place at the site.
12.The details to be submitted in 2 above in respect of the Small Business Units adjacent to the northern boundary of the site shall not include any vehicular or pedestrian access onto to Coronation Green. The reason for the condition is:- In the interests of the residential amenities of the occupiers of the nearby properties.
13.Prior to any demolition commencing on the site a detailed survey of the existing pill box on the site shall be made and passed to Norfolk Landscape Archaeology. The reason for the condition is:- To ensure details of the structure are made prior to demolition commencing.
14.Notes please read the following carefully:- THIS PERMISSION IS ALSO SUBJECT TO SECTION 106 AGREEMENT RELATING TO - THE PROVISION OF BUS LINKS TO THE SITE TOGETHER WITH A REQUIREMENT TO PROVIDE THE PHASE ONE BUSINESS UNITS (FLOOR AREA 2378 mt2(25,600ft2) CONCURRENTLY WITH THE OPENING OF THE FOODSTORE, THE USE OF EXISTING STORE ON BREWERY PLAIN AND THE PROVISION OF CCTV MONITORING FOR THE CAR PARK. A) any culverting of a watercourse requires the prior written approval of the local authority under the terms of the Public Health Act 1936, and the prior written consent of the Environment Agency under the terms of the Land Drainage Act 1991/Water Resources Act 1991. B) the works referred to in condition 4 can only be undertaken within an appropriate legal agreement with the highway authority. The scope of such an agreement will include not only details relating to the construction of the roundabout but also to provisions controlling the timing of the works. C) the applicant is reminded that a water supply crosses the application site serving uses (including residential use) to the west of the by-pass, along the unmade section of High Mill Road and measures shall be taken to ensure that this supply is not disrupted. D) the applicant is advised that this permission does not purport to convey any consent for the details of the small business units shown on drawing 5467/66. Furthermore details about their relationship with houses on Coronation Green need to be submitted and approved by the Local Planning Authority. E) the applicant is reminded that naturally occurring methane gas is present on the site and it will be necessary for measures to be taken to deal with this in the design of any buildings on the site to deal with venting the gas. F) The Environment Agency advise the following informatives should be attached to the permission: Any additional loading to the foul sewerage system must not prejudice the operation of any storm/emergency overflow on that sewerage system or at any pumping station. Only clean, uncontaminated surface water, should be discharged to any soakaway, watercourse or surface water sewer. The site is below higheat recorded tide levels and could be at risk from flooding from breach or overtopping of the defences. Vehicle loading or unloading bays and storage areas involving chemicals, refuse or other polluting matter, shall not be connected to a surface water sewer. The applicant is advised that in the event of any part of the development causing any interference of TV reception in the locality it may be necessary to take steps to ensure that the adequate measures are taken to alleviate the problem created.