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 plans reference 1651/1 received by the Local Planning Authority on 6th October 2021. The reason for the condition is :- For the avoidance of doubt.
3.Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting the Order) no extensions or roof alterations shall be built or windows inserted into the walls or roof of any development hereby permitted, and no outbuildings, fences, gates or other means of enclosure shall be erected, other than those depicted on the approved plans, without first obtaining the express written permission of the Local Planning Authority. The reason for the condition is:- In the interests of protecting the residential amenities of the occupiers of adjacent dwellings and the privacy and amenity of visitors, teachers and pupils of the adjacent school and to ensure appropriate amenity space for future residents.
4.The development hereby permitted shall have a finished ground floor level of no less than 0.75m Above Ordnance Datum, and finished first floor level of no less than 3.55m Above Ordnance Datum. The reason for the condition is :- To ensure the development is constructed in the manner proposed to ensure the safety of future residents by providing access to safe refuge areas above the known flood levels.
5.The ground floor areas of the development hereby permitted shall not at any time be used for the purposes of habitable accommodation, including for the purposes of sleeping accommodation, home-working or live-work facilities, or business uses. The reason for the condition is :- To ensure the safety of occupants and users of the site as the property is located within an area at high risk of flooding.
6.The garages hereby permitted shall only be used for purposes of residential activities within C3 use class, and shall only be used for storage of motor vehicles for domestic uses and storage for domestic use, and shall not at any time be used for business purposes or commercial operations, including live-work functions or associated homeworking. The reason for the condition is :- To prevent harms to residential amenity that might rise from non-residential uses within the garages and to minimise the highways impacts of the development by ensuring sufficient space remains available for parking within the curtilage
7.Prior to the commencement of works of demolition on site, a destructive asbestos survey of buildings to be demolished shall be submitted to and approved in writing by the Local Planning Authority. Development shall not be carried out other than in accordance with the approved details. The reason for the condition is:- Details are required to be submitted prior to commencement of works to ensure that risks from asbestos to the environment, future users of the land and neighbouring land are minimised, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other off-site receptors.
8.With the exception of the demolition and clearance of the remaining school building, there shall be no further development until a scheme detailing how on-site parking for construction workers shall be provided for the duration of the construction period has first been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented upon commencement of construction development and the parking area shall be made available and operational throughout the construction period. The reason for the condition is: - To ensure adequate provision of off-street parking during construction in the interests of highway safety.
9.With the exception of demolition, no development shall commence until a Phase 1 contamination report has first been carried out to assess whether the land is likely to be contaminated, and the results of the investigations submitted to and approved in writing by the Local Planning Authority. The report to be submitted shall also include details of known previous uses and possible contamination arising from those uses. If contamination is suspected to exist, a Phase 2 site investigation is to be carried out to the satisfaction of the Local Planning Authority in consultation with the Environmental Health service. If the Phase 2 site investigation determines that the ground contains contaminants at unacceptable levels then the applicant is to submit a written strategy detailing how the site is to be remediated to a standard suitable for its proposed end-use. This subsequent report shall be submitted to and approved in writing by the Local Planning Authority before the commencement of construction works. No buildings hereby permitted shall be occupied until the remediation works agreed within the scheme have first been carried out to the written satisfaction of the Local Planning Authority, following submission of a remediation verification report. 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.
10.In the event that contamination that was not previously identified is found at any time when carrying out the approved development, it must be reported in writing immediately to the Local Planning Authority. All development shall cease and shall not recommence until: 1) a report has been submitted and agreed in writing by the Local Planning Authority which includes results of an investigation and risk assessment together with proposed remediation scheme to deal with the risk identified and 2) the agreed remediation scheme has been carried out and a validation report demonstrating its effectiveness has been approved 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.
11.With the exception of the demolition of the school building, no development shall take place until the exact types and colours of the materials to be used in the exterior finishes of the development have first been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out using the agreed materials. 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.
12.With the exception of the demolition and clearance of the remaining school building, there shall be no further development until the following details in written and drawn form have first been submitted to and approved in writing by the Local Planning Authority: (a) The means by which the development shall as far as practicable meet part M4(2) of the disabled access regulations in regard to access to the ground floor of the townhouses; and, (b) The means to achieve water usage of no more than 110 litres of water per day per person. The development shall thereafter be constructed in accordance with the approved details and shall be retained in the approved form thereafter. The reason for the condition is :- To accord with adopted Local Plan Part 2 policies A2(f) and E7.
13.With the exception of the demolition and clearance of the remaining school building, there shall be no further development until details in written and drawn form of the means by which electric vehicle charging shall be made available for each dwelling within the scheme shall be submitted to and approved in writing by the Local Planning Authority. The facilities shall thereafter be provided in full accordance with the approved details prior to the occupation of each dwelling, and shall be retained as such thereafter. The reason for the condition is: - To allow provision for the demand for electric vehicle charging within the lifetime of the development.
14.With the exception of the demolition of the school building, no development shall take place until there has first been submitted to and approved in writing by the Local Planning Authority a scheme of landscaping, which shall include details of planters and bin storage enclosures and presentation points and means of enclosure of the curtilage of each plot. The development shall thereafter be carried out using the agreed materials. The reason for the condition is:- In the interests of the visual amenities of the locality.
15.PART (1) There shall construction beyond slab or foundation level of the development hereby permitted until a Flood Mitigation Strategy has first been submitted to and approved in writing by the Local Planning Authority. The details of the flood mitigation strategy shall address the following issues and include full details of: (a) Construction flood resilience measures, including any Water Entry Strategy as appropriate; (b) Flood preparation plans; (c) Flood Warnings systems; and, (d) A Flood Emergency Plan for future residents. The development shall thereafter be constructed in full accordance with the details of the approved flood resilience measures and any water entry strategy included within those. PART (2) There shall be no occupation of any dwelling hereby permitted until the development has been constructed in full accordance with the approved details of the Flood Mitigation Strategy, and until the details of preparation plans, warning systems and emergency plans have been completed in full accordance with the details approved under Part (1) of this condition. The full details of all Water Entry Strategy, and flood preparations, warnings and emergency plans shall all first be supplied to each dwelling and occupant. The reason for the condition is :- To ensure that mitigation measures are undertaken and appropriate precautions are in place and available to the occupants of the dwellings as the property is located within an area at high risk of flooding.
16.No works above slab level shall commence until a Scheme to show how details of no less than 6 house sparrow terraces (e.g. Vivara Pro WoodStone House Sparrow Nest Box) or a minimum of 6 swift boxes and details and number of bat boxes will be incorporated into the design, shall be submitted to and approved in writing by the Local Planning Authority. These should be installed according to the instructions of the manufacturer, and shall be installed in groups. Details of the proposed locations shall be submitted to and approved in writing by the Local Planning Authority prior to construction taking place above slab or foundation level. The development shall be carried out in accordance with these details which shall be installed and made operational prior to the first occupation of the dwellings, and the bird and bat boxes shall thereafter remain in perpetuity. The reason for the condition is :- To secure biodiversity enhancements in line with the NPPF.
17.Foul drainage shall not be discharged other than to the foul sewer. Surface water drainage shall be positively discharged to the surface water sewer. 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 water courses.
18.The driveway length in front of the garage(s) shall be at least 6 metres as measured from the garage doors to the highway boundary. The reason for the condition is: - To ensure parked vehicles do not overhang the adjoining public highway, thereby adversely affecting highway users.
19.Prior to the first occupation or residential use of the development hereby permitted the vehicular access crossing over the footway shall be constructed in accordance with a detailed scheme to be agreed in writing with the Local Planning Authority, in accordance with the highways specification (TRAD 1) and thereafter shall be retained at the position shown on the approved plan. Arrangement shall be made for surface water drainage to be intercepted and disposal of separately so that it does not discharge from or onto the highway. The reason for the condition is: - To ensure construction of a satisfactory access and to avoid carriage of extraneous material or surface water from or onto the highway in the interests of highway safety.
20.Prior to the first occupation or residential use of the development hereby permitted the proposed access/on-site car and cycle parking/servicing/loading/unloading/turning/waiting area shall be laid out, demarcated, levelled, surfaced and drained in accordance with the approved plan and retained thereafter available for that specific use. The reason for the condition is: - To ensure the permanent availability of the parking/manoeuvring areas, in the interests of satisfactory development and highway safety.
21.Any access gates/bollard/chain/other means of obstruction shall be hung to open inwards, set back, and thereafter retained a minimum distance of 5 metres from the near channel edge of the adjacent carriageway. The reason for the condition is: - In the interests of highway safety enabling vehicles to safely draw off the highway before the gates/obstruction is opened.
22.Construction work shall not take place outside the following hours:- 08:00 to 18:00 Mondays 08:00 to 18:00 Tuesdays 08:00 to 18:00 Wednesdays 08:00 to 18:00 Thursdays 08:00 to 18:00 Fridays 08:30 to 13:30 Saturdays and no work shall take place on Sundays or Bank Holidays. (These hours shall only apply to work generating noise that is audible at the boundary of the nearest noise sensitive property) The reason for the condition is :- In the interests of the residential amenities of the occupiers of nearby dwellings.
23.NOTE: This proposal involves excavations adjacent to the public highway. It is an OFFENCE to carry out any works that may affect the Public Highway, which includes a Public Right of Way, without the permission of the Highway Authority. Please note that it is the applicant's responsibility to ensure that, in addition to planning permission, any necessary consents or approvals under the Highways Act 1980 and the New Roads and Street Works Act 1991 are also obtained from the County Council. Please contact (insert appropriate contact details).
24.REASON FOR APPROVAL OF THE APPLICATION :- The Development Control Committee of the Borough Council has approved this application on the basis that sufficient public benefits weigh in favour of the development as material considerations which are deemed to outweigh the conflict with the adopted local development plan. Principle amongst these factors are (i) the development provides a beneficial re-use of an underused brownfield site; (ii) the development will enhance the appearance of the local area by infilling the semi-derelict plot; and (iii) the new housing will offer an important contribution to the housing supply in a sustainable and accessible location.
25.STATEMENT OF POSITIVE ENGAGEMENT: Notwithstanding the concerns behind need for Officers of the Local Planning Authority to originally recommend the application be refused, in dealing with this application the LPA has actively sought to work with the applicant in a positive and proactive manner and offered suggestions to help resolve some of the conflicts with the local development plan before the application was moved to determination. It is confirmed that the shadow Habitat Regulations Assessment (HRA) submitted by the applicant has been assessed as being suitable for the Borough Council as competent authority to use as the HRA record for the determination of the planning application, in accordance with the Conservation of Habitats and Species Regulations 2017. In this instance the Borough Council has considered there is no likely significant effect on protected habitats arising solely from the development itself; and whilst the development would contribute to the overall in-combination significant adverse effect identified by the Habitats Regulations Assessment Report for the Local Plan Core Strategy, it has determined this effect can be adequately mitigated by the Habitats Monitoring and Mitigation Strategy, and that Strategy requires a payment of £110 per each dwelling towards the monitoring and mitigation provided through that Strategy.