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 approved plans, drawings and details received by the Local Planning Authority: 1420/01 - Site location plan 1420/10 Rev E - Common Road - Ground, first and second floor plans 1420/11 Rev C - Common Road - Proposed elevations 1420/12 Rev B - Alpha Road - Ground, first and second floor plans 1420/13 Rev B - Alpha Road - Proposed elevations 1420/20 Rev F - Site layout plan 1420/21 Rev C - Street elevations 1420/22 Rev A - Street view elevations Contamination Desk Study & Risk Assessment ref 101278 dated December 2020 Site Investigation including Quantitative Risk Assessment, ref 102612 dated January 2022 Flood Risk Assessment report ref: 2649/RE/02-21/01, dated July 2021 Construction Environment and Traffic Management Plan, received on 12 January 2023 'Improving the Flood Performance of New Buildings: Flood Resilient Construction' document, received on 12 January 2023 'Compliance with M4(2) of Part M of the Building Regulations for accessible and adaptable dwellings', received on 12 January 2023. The external material finishes shall be red facing brickwork with rubbed brick arches and a black smut pantile roof as proposed in the submitted details. 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 amendment revoking or re-enacting that Order) the dwellings hereby permitted shall not be further extended in any way, and nor shall outbuildings be constructed, without first obtaining the express written permission of the Local Planning Authority. The reason for the condition is:- To enable the Local Planning Authority to retain control over any further extensions or additions to the dwellings in the interests of protecting the residential amenity of neighbouring dwellings and future occupants.
4.Construction Environment and Traffic Management Plan and working hours - The development hereby permitted shall be undertaken in strict accordance with the phased programme and construction management details within the Construction Environment and Traffic Management Plan ('the Plan') received by the Local Planning Authority on 12 January 2023. For the avoidance of doubt the measures to be followed include: - construction worker parking shall be made available for use by construction personnel and visitors at all times during the construction period in the off-site location shown in the Plan on Alpha Road; - adherence to the working hours and delivery hours stated within the Plan; and, - no deliveries shall be undertaken from Alpha Road. The reason for the condition is :- In the interests of preserving local residential amenity, minimising pressures on already-limited on-street parking and maintaining highways safety.
5.Contamination investigations and remediation - Part (A) - The development hereby permitted shall be undertaken in strict accordance with the Quantitative Risk Assessment and Recommendations thereof, within chapter 8 of the approved 'Site Investigation including Quantitative Risk Assessment' report ref 102612 dated January 2022. Part (B) - There shall be no residential occupation of the development hereby permitted until the appropriate provision of gardens and landscaped areas has first been completed and made available for use for that dwelling in accordance with the details of an approved contamination remediation method strategy to be first submitted to and approved in writing by the Local Planning Authority in the form of a contamination remediation mitigation report. Notwithstanding the proposed mitigation scheme, in respect of the use of topsoils, the topsoil to be imported to the site for the gardens and landscaped areas should be certified contaminant free and transported under a conveyance note system. The garden areas should be reduced to 300mm below finished ground level and then be replenished with a minimum of 300mm of topsoil. Part (C) - There shall be no occupation of any dwelling until a Validation Report confirming that the works have been carried out for that dwelling has first been submitted to and approved in writing by the Local Planning Authority pursuant to that dwelling. 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. The site contamination investigation testing undertaken in support of the application has indicated that the strata within the site generally poses a low risk to the human health of the end user, with the exception of the marginally elevated Lead result in the sample from WS06 at 0.20 metre which is proposed to be removed from the site.
6.Contamination during construction - 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.
7.Construction requirements - Part (A) - The development hereby permitted shall be carried out incorporating the measures to mitigate the risk from flooding set out in the Flood Risk Assessment REF: 2649/RE/02-21/01 dated July 2021, and shall specifically include: - the ground floor level of the development shall be constructed at 1.80m AOD; - the first floor of the development shall be constructed at 4.50m AOD; - implementing and adopting the Water Entry Strategy across the ground floor area of the building; and, - registering the premises with the Environment Agency's Flood Warnings Direct service; and, - preparing a Family Flood Plan. Part (B) - There shall be no residential occupation of any dwelling hereby permitted until:- - the Water Entry Strategy and flood risk mitigation measures for that dwelling have first been installed and made operational; and, - the premises have first been enrolled within the Flood Warning Direct Service; and, - a Family Flood Plan is introduced and made available to all occupants of the dwellings. The reason for the condition is :- To ensure that mitigation measures are undertaken as the property is located within an area at risk of flooding.
8.Flood Resilient Construction compliance - The development hereby permitted shall be constructed in strict accordance with the measures presented within the document entitled: 'Improving the Flood Performance of New Buildings: Flood Resilient Construction' received by the Local Planning Authority on 12th January 2023. The features in each dwelling shall be installed and made operational prior to the first residential occupation of each dwelling. The reason for the condition is :- To ensure that mitigation measures are undertaken as the property is located within an area at risk of flooding.
9.Flooding action plan and protection to kitchens - Notwithstanding the details of proposed flood resilient construction design details already provided, there shall be no occupation of the dwellings hereby permitted until an appropriate scheme for providing emergency flood protection measures to the kitchens, and a flood preparation plan specifically for residents to be able to maintain access to kitchen facilities whilst flood waters recede have first been submitted to and approved in writing by the Local Planning Authority and thereafter enacted and made available for use by residents. The details shall be retained as such thereafter. The reason for the condition is: - The local planning authority recognise that situating habitable rooms within ground floors in flood risk areas is not desirable but the merits of the development are considered on balance to outweigh the conflict with flood risk policies, as the development provides significant affordable housing to help address local housing need on an otherwise vacant brownfield site. Notwithstanding this, the condition is necessary to mitigate the risk as much as possible and help future occupants withstand the worst effects flooding, and to ensure there are appropriate safeguards in place for such an eventuality.
10.M4(2) of Part M of the Building Regulations compliance - The dwellings hereby permitted shall be constructed to include the features expected under Part M4(2) of the Building Regulations where they are able to be achieved as stated to be possible in the document entitled 'Compliance with M4(2) of Part M of the Building Regulations for accessible and adaptable dwellings', as received by the Local Planning Authority on 12th January 2023. The features in each dwelling shall be installed and made operational prior to the first residential occupation of each dwelling. The reason for the condition is :- To ensure that the dwellings are designed to be adaptable and efficient for lifetime occupation and to provide appropriate long term residential amenity.
11.Water efficiency and conservation measures - There shall be no construction of the development hereby permitted beyond foundations / DPC / slab level until a statement demonstrating how the dwellings will be designed and built to achieve a water consumption rate of no more than 110 litres/person/day has first been submitted to and approved in writing by the Local Planning Authority. All required water conservation measures within the approved details shall thereafter be installed and made available for use prior to the first occupation of the dwelling, and thereafter shall be maintained to achieve this rate to ensure the required water consumption is not exceeded for the lifetime of the development. The reason for the condition is: - In the interests of promoting and securing water efficiency improvements to a higher standard than Building Regulations minimum standards require, to accord with adopted Local Plan Part 2 policy E7.
12.Electric vehicle charging facilities - There shall be no construction of the development hereby permitted beyond foundations / DPC / slab level until details in written and drawn form of the means by which electric vehicle charging shall be made available for the development have first been submitted to and approved in writing by the Local Planning Authority. The charging provision shall be provided and made available for use prior to the first occupation of each dwelling in accordance with the approved details and shall be retained as such thereafter. The reason for the condition is: - To ensure provision for the demand for electric vehicle charging within the development.
13.Ecology Enhancement Measures - There shall be no construction of the development hereby permitted beyond foundations / DPC / slab level until details in written and drawn form of how Ecology Enhancement Measures shall be provided within the development have first been submitted to and approved in writing by the Local Planning Authority. The details shall include those proposed in the Planning Statement paragraph 9.56 (page 22) and no less than 8no. bird boxes. The development shall be carried out in accordance with the approved details, and such measures shall be installed and made available for use prior to the first residential occupation of each dwelling, and shall be retained in perpetuity thereafter. The reason for the condition is :- To secure biodiversity enhancements in line with the NPPF and Core Strategy policy CS11.
14.Vehicle access crossing details - Prior to the first occupation of the development hereby permitted the vehicular accesses crossing over the footway on Common Road shall be constructed in accordance with a detailed scheme to be first submitted to and approved in writing by the Local Planning Authority in accordance with an appropriate highways specification, 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 disposed 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 accesses and to avoid carriage of extraneous material or surface water from or onto the highway in the interests of highway safety.
15.Existing access closure and path reinstatement - Vehicular access into and egress from the adjoining highway shall be limited to the access points shown on Drawing No. 1420/20 Revision F only. Any other access or egress shall be permanently closed, and the footway shall be reinstated in accordance with a detailed scheme to be first submitted to and approved in writing by the Local Planning Authority concurrently with the bringing into use of the new access (no later than prior to the first occupation of any dwelling). The reason for the condition is:- In the interests of highway safety.
16.Car and cycle parking provision - There shall be no residential occupation of the development hereby permitted until the proposed accesses, on-site car and cycle parking, including visitor cycle parking, have first been laid out, demarcated, levelled, surfaced and drained in accordance with the approved plan Drawing No. 1420/20 Revision F, and shall be retained thereafter available for that specific use. The reason for the condition is:- To ensure the permanent availability of the parking in the interests of satisfactory development and highway safety.
17.REASON FOR APPROVAL OF THE APPLICATION :- The application proposal is considered to meet the requirements for new residential development as an exception in a flood risk area and, subject to the section 106 agreement and the conditions proposed, will comply with Core Strategy Policies CS2, CS4, CS9, CS11, CS13, CS16 and policies GSP1, GSP5, GSP8, A1, A2, H3, H4, E1, E4, E6, E7 and I3 of the Local Plan Part 2. It is considered that there are no other material considerations to suggest the application should not be recommended for approval.
18.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. It is confirmed that this shadow 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 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, but this effect can be adequately mitigated by the Habitats Monitoring and Mitigation Strategy; and that Strategy requires a payment of £185.93 per each additional dwelling towards the monitoring and mitigation provided through that Strategy.
19.This development involves works within the public highway that can only be carried out by Norfolk County Council as Highway Authority unless otherwise agreed in writing. It is an OFFENCE to carry out any works within 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. Advice on this matter can be obtained from the County Council's Highway Development Management Group; please contact 0344 800 8020 If required, street furniture will need to be repositioned at the Applicant's own expense. Public Utility apparatus may be affected by this proposal. Contact the appropriate utility service to reach agreement on any necessary alterations, which have to be carried out at the expense of the developer.
20.NOTES - Please read the following notes carefully:- Neighbouring noise impacts:- The applicant is strongly recommended to advise neighbouring businesses and residential occupiers of the proposals, including any periods of potentially significant disturbance e.g. demolition or piling, together with contact details in the event of problems. Disclaimer re contamination:- NOTE: The responsibility for the safe development and secure occupancy of the site rests with the developer. The local planning authority has determined the application on the basis of the information available to it, but this does not mean that the land is free from contamination, or that the land could not be declared Contaminated Land in future. Requirements for Topsoil use:- No suitable Topsoil is present within the site. The Topsoil imported to the site for the gardens and landscaped areas should be certified contaminant free and transported under a conveyance note system. The garden areas should be reduced to 300mm below finished ground level and then be replenished with a minimum of 300mm of topsoil. A validation report confirming that the works have been carried out will need to be submitted at the end of the construction process. Local Air Quality:- The site will potentially generate a significant amount of dust during the construction process; therefore, the following measures should be employed: · An adequate supply of water shall be available for suppressing dust; · Mechanical cutting equipment with integral dust suppression should be used; · There shall be no burning of any materials on site, or burial of asbestos, which should instead be removed by an EA licenced waste carrier, and the waste transfer notes retained as evidence. Electric Vehicle Charging Points:- Policy I1 of the Great Yarmouth Local Plan Part 2 requires the provision of electric vehicle (EV) car charging points on new developments. Unless first proven to be unfeasible or unviable, this should be provided for all new dwellings where on-site in-curtilage parking is proposed. Please note that all new dwellings from June 2023 will be required to install EV charging points as part of the Building Regulation Approval requirements. If providing these results in changes to the approved plans being required, the relevant application will need to be submitted and approved to address those amendments.
21.NOTES - Please read the following notes carefully:- This development is subject to a SECTION 106 AGREEMENT dated 21st March 2023 detailing planning obligations necessary to be fulfilled by the development. The obligations include providing all 8no. dwellings as Affordable Housing of Affordable Rent tenure, financial contributions towards public open space, and financial contributions towards habitat impacts mitigation. These obligations are necessary to make the development acceptable in planning terms, including providing appropriate wider sustainability benefits to enable the development to be considered exceptional despite flood risk concerns, and to outweigh conflict with adopted local plan policy.