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.Except where otherwise stipulated by conditions attached to this permission, the development hereby permitted shall be carried out in strict accordance with the following approved plans and details received by the Local Planning Authority on 02 November 2021: Plans: - (no ref) - Site Location Plan dated 11/10/2021; - (no ref) - Site Works Areas Plan dated 11/10/2021, identifying works areas, compounds area and ship locations; - (no ref) - Public Footpath Routes Plan dated 11/10/2021, identifying Norfolk & England Coast Path and other Public Footpaths; Option 1 - 1330m long, 20m wide, 3m high - - B2398600-JAC-ZZ-ZZ-DR-C-0101 rev. P01 - General Arrangement Maximum Extent; - B2398600-JAC-ZZ-ZZ-DR-C-0110 rev. P01 - Berm Cross Sections; - (no ref) - Hemsby Gap Access Detail - Plan and Section A-A and Section B-B; or: Option 2 - 1090m long, 20m wide, 3m high - - B2398600-JAC-ZZ-ZZ-DR-C-0100 rev. P01 - General Arrangement Minimum Extent; - B2398600-JAC-ZZ-ZZ-DR-C-0110 rev. P01 - Berm Cross Sections; - (no ref) - Hemsby Gap Access Detail - Plan and Section A-A and Section B-B; or: Option 3 - 1090m long, for 'dynamic reshaping' - initial width and height profiles to be determined (see Condition 4 of this permission) - - B2398600-JAC-ZZ-ZZ-DR-C-0100 rev. P01 - General Arrangement Minimum Extent; - (no ref) - Hemsby Reshaping Berm - Through-Section; - (no ref) - Hemsby Gap Access Detail - Plan and Section A-A and Section B-B; Additional information: - Hemsby Rock Berm Outline Design Environmental Statement dated April 2021: B2398600-JAC-ZZ-ZZ-RP-Y-1203 rev 0.2, dated April 2021; - Outline Design Technical Note: B2398600-JAC-ZZ-RP-C-0001 rev 0.2, dated April 2021; - Outline Design and EIA Technical Note - appraisal of northern extent of berm: B2398600-JAC-ZZ-ZZ-TN-Y-805 rev 0.2, dated April 2021; - Design and Access Statement. The reason for the condition is :- For the avoidance of doubt and to achieve a satisfactory form of development.
3.No commencement of development whatsoever shall take place until the applicant and developer have submitted written confirmation of which form of development is to be undertaken and thereafter implemented. The development to be commenced within this permission shall be one of the designs of the rock berm identified as Option 1, Option 2 or Option 3 throughout the documentation hereby approved and as set out within Condition 2 of this permission. The written confirmation shall include details of written plans and drawings confirming the design specifications of the construction project, with regard to those approved under Condition 2, and a proposed timescale for duration of the project through to completion. Development shall not commence thereafter until written approval has been received from the Local Planning Authority to ascertain that the proposals shall accord with the development hereby permitted. The reason for the condition is :- The development has been granted planning permission on the basis of being acceptable if constructed within the parameters of the development shown under options 1, 2 or 3, but the effects of the proposal would differ accordingly. The condition is imposed to ensure the scope and impacts of the development are understood and can be monitored thereafter.
4.There shall be no commencement of development until the details of the design of the southern end of the berm have first been submitted to and approved in writing by the Local Planning Authority. The details shall be provided to demonstrate the intended shape, profile and extent of the berm in the area shown on the approved layout plans as "Transition Approx 50m: to be determined at detailed design", with details of how the berm will merge or join with the existing gabion basket defences on the beach adjacent the southern end of the application site. The details shall be provided regardless of the proposed use of Options 1, 2 or 3. The development shall thereafter be undertaken in strict accordance with the details to be approved. The reason for the condition is :- The plans and details submitted with the application were unable to confirm the precise final form, appearance, siting and method of construction of the berm at the southern end of the proposed development, regardless of which option is to be taken forward, and so the condition is required to ensure an appropriate understanding of the full effects of the development, to maintain a secure and appropriate continuous erosion defence and to minimise the visual impacts of the development.
5.In the event that development is proposed and progressed in the form of Option 3 hereby approved, there shall be no commencement of the development until fully detailed designs of the proposed berm structure, its height, profile, material content, appearance and engineering requirements have first been submitted to and approved in writing by the Local Planning Authority. In the event that either the final appearance or the construction foundations or engineering works for Option 3 extend beyond the footprint, height or extent of construction as shown to be the case for Option 2, the proposals shall include appropriate proposed mitigation measures capable of alleviating the effects of the extended form of development when compared to that which was anticipated and assessed for Options 1 and 2. The reason for the condition is :- The final form of development design for Option 3 was not presented during the assessment of the effects of this application, though were anticipated to be no greater than that assessed for the larger Option 1 or the more conventional construction methods of Option 2, but the precise effects were still to be determined and would require appropriate due consideration of any necessary mitigation measures, as well as ensuring public and consultees' appreciation of the final form of development design.
6.There shall be no commencement of development until appropriate details have first been submitted to and approved in writing by the Local Planning Authority regarding the proposed use of any of either: - the existing 'Hexiblocks' (from the southern end ofthe application site); and/or, - the "unauthorised Marrams concrete blocks" (so called as they were installed on the beach in October 2021), within the new rock berm. The use of Hexiblocks shall be limited to the construction of the Hemsby Gap Beach Access as indicated in the schematic plan provided with the application, or within the foundation / base of the rock berm as filling material only. The use of any "unauthorised Marrams concrete blocks", if appropriate, shall either be limited to use within the foundation / base of the rock berm as filling material only, and shall thereafter be securely covered with substantial rock material and sediment sufficient to prevent their movement, or shall be demonstrated to have an alternative use within the berms construction only with appropriate supporting information and engineering details to satisfy the local planning authority of its long term security and suitability. The development shall thereafter be undertaken in strict accordance with the details to be approved. The reason for the condition is :- The plans and details submitted with the application were unable to confirm the precise arrangements for using non-rock materials, if at all. To date, the hexiblocks and other non-rock materials have not been considered sufficiently robust, nor have they been found sufficiently secure to act as suitable erosion control features when used without the benefit of agreed specifications for their installation, and unfortunately their vulnerability to wave action and overall effectiveness has been exposed in the areas where they have been used in this area of the coastline. The condition is therefore necessary to secure appropriate details in the interests of public safety and providing effective coastal defence.
7.There shall be no commencement of development until a proposed scheme for monitoring the effects of the development once the rock berm installation has been completed has first been submitted to and approved in writing by the Local Planning Authority. The scheme to be submitted shall detail the proposed methods and frequency of monitoring for the duration of the rock berm's effective lifespan, being at least 20 years, and shall propose how the monitoring plan will report the following aspects over the operational lifetime of the development: - an understanding of the changing effects on beach erosion and scouring dynamics; - the analysis of effects on cliff stability alongside and behind the berm; and, - the effects of the accumulation and accretion of sand and sediment recharge to the north of the berm at the site of the existing Little Tern nesting habitat and internationally-designated protected natural habitat site. Monitoring shall be undertaken in each of Years 2, 5, 10, 15 and 20 following the completion of the berm's installation. Monitoring reports shall thereafter be submitted to the Local Planning Authority and relevant stakeholders, in written form, in accordance with the approved details of the monitoring proposals, within 6 months of the monitoring period in each monitoring year. The reason for the condition is :- Monitoring is a key facet to projects which fall within the Environmental Impact Assessment regime and is identified as being required in the approved Environmental Statement, however no such proposals have been offered within the application. The development has been permitted as a short-term protection scheme without precedent of success or understanding of the effects on this stretch of coastline. Given the dynamic characteristics of the coastline and the vulnerability of nearby residential properties and the economic importance of the coastline for the Borough, it is important that the project provides a continued source of information as to the effects of the project on relevant socio-economic and environmental assets in the vicinity, in order to inform future plans for the coastline defence strategy and provide greater understanding of the methods used in this project.
8.A) No development shall take place until a Written Scheme of Investigation (WSI) for an Archaeological, Geo-Technical and Geo-Archaeological Assessment of the site and its excavation areas has been submitted to and approved in writing by the Local Planning Authority. The scheme shall assess the potential for both archaeological remains and paleo-environmental deposits to be present within the application area. The scheme shall include an assessment of significance and research questions, and shall have regard to the findings and recommendations set out within the Environmental Statement's Cultural Heritage chapter; and shall include: 1) The programme and methodology of site investigation and recording, 2) The programme for post investigation assessment, 3) Provision to be made for analysis of the site investigation and recording, 4) Provision to be made for publication and dissemination of the analysis and records of the site investigation, 5) Provision to be made for archive deposition of the analysis and records of the site investigation and 6) Nomination of a competent person or persons/organization to undertake the works set out within the written scheme of investigation. and, B) An archaeological assets protection plan shall be proposed for use in the event that assets are discovered during construction and installation of the development. and, C) No development shall take place other than in accordance with the written scheme of investigation and protection plans to be approved under conditions 5(A) and (B) and any addenda to that WSI covering subsequent phases of mitigation. and, D) The rock berm hereby permitted shall not be installed in any part of the application site until the site investigation and post investigation assessment for that part of the site has first been completed in accordance with the programme set out in the archaeological written scheme of investigation approved under condition 5(A) and until the provision to be made for analysis, publication and dissemination of results and archive deposition has been secured. In this instance the programme of Geoarchaeological mitigatory work shall need to include appropriately-qualified geo-archaeological supervision and control through monitoring of groundworks during excavations and during any core/window borehole sampling or geology core sampling during the course of the excavations or alterations to cliffs. The reason for the condition is :- To ensure the potential archaeological interest of the site is investigated in accordance with Core Strategy policy CS15 and the expectations of the NPPF because the site is in an area of recognised archaeological importance and potentially nationally-significant geoarcheological asset interests. NOTE to applicant and developer: A brief for the archaeological work can be obtained from Norfolk County Council Environment Service historic environment strategy and advice team.
9.In the event that archaeological or geoarchaeological assets are discovered during the development, the development in that area shall temporarily cease and shall ensure those assets are protected in accordance with the protection plan to be approved under Condition 5(B) and shall not proceed thereafter until such assets are secured. During the course of the development hereby permitted, the development shall make access available at all times for appropriately-qualified personnel to undertake inspections and monitor the Geoarchaeological mitigatory work. All groundworks during excavations and during any core/window borehole sampling or geology core sampling during the course of the excavations or alterations to cliffs shall be subject to geoarchaeological monitoring by suitably-qualified personnel. The reason for the condition is :- To ensure the potential archaeological interest of the site is investigated in accordance with Core Strategy policy CS15 and the expectations of the NPPF because the site is in an area of recognised archaeological importance and potentially nationally-significant geoarcheological asset interests.
10.There shall be no commencement of development until a survey of the site and its vicinity has first been undertaken by an appropriately-qualified ecologist to establish if there are nesting sites for Ringed Plover and Little Tern and any other nesting birds along the beach or adjoining cliffs. The survey and appropriate mitigation measures shall ensure that if there are breeding or nesting populations within or close to the site then appropriate accommodation for these shall be made within the construction phasing programme. Any active nests shall be monitored and only when chicks have fledged and nest inactivity is confirmed shall works continue in that location. The reason for the condition is :- In the interests of protecting ecology during the works in the vicinity of the development as recommended in Section 8.6.2 of the Environmental Statement (April 2021).
11.There shall be no commencement of the development hereby permitted until a Construction Environmental Management Plan has first been submitted to and approved in writing by the Local Planning Authority. The details of the CEMP to be submitted shall include the Good Practice Mitigation Measures as set out in Section 8.6.1 of the Environmental Statement (April 2021), and the following: - Phasing of work and areas of development; - Any rolling closure of beach areas; - Appropriate information signage; - Appropriate pedestrian and vehicular access routes around the development; - Storage of plant and machinery; - There shall be no storage of equipment and/or waste below the Mean High Water Springs level; - Means of delivery of rock by sea, including volumes, number of vessels; locations and times; - Bio-security measures to prevent transfer of Invasive Non-Native Species (INNS); - Encouragement of use of biodegradable oils by plant and machinery wherever possible and practicable; and, - Materials to be used shall not be toxic to the marine environment; - Any concrete shall be made using accelerents to ensure fast concrete setting; and, - Means to prevent leakage of materials and substances into the marine environment. The development shall thereafter proceed in strict accordance with the CEMP details as approved which shall remain in place for the duration of the development works.. The reason for the condition is :- To ensure appropriate protections to marine and terrestrial ecological assets in the area.
12.Development shall not begin until a detailed Noise and Dust Management Plan to protect the occupants of nearby residential dwellings surrounding the site from noise, dust and fumes, has first been submitted to and approved in writing by the Local Planning Authority. The details of the Plan shall include: 1) Communication with neighbours before and during works. 2) Contact arrangements by which residents can raise any concerns and issues. 3) The mechanism for investigation and responding to residents' concerns and complaints. 4) Management arrangements to be put in place to minimise noise and dust (including staff training such as toolbox talks). 5) Hours during which noisy and potentially dusty activities will take place. 6) Measures to control loud radios on site. 7) Measures to be taken to ensure noisy activities take place away from residential premises where possible. 8) Measures to control dust from excavation, use of wetting of soil/sand, dust netting and loading and transportation of soil/sand such as minimising drop heights, sheeting of vehicles, not excavating and manoeuvring sand in high winds in a particular direction. 9) Measures to control dust from soil/sand stockpiles such as sheeting, making sure that stockpiles exist for the shortest possible time and locating stockpiles away from residential premises and, 10) Measures to control dust from vehicle movements such as site speed limits, cleaning of site roads and wetting of vehicle routes in dry weather. The approved plan shall be implemented upon commencement of development and shall remain in place and be implemented throughout each phase of the development. The reason for the condition is :- In the interests of the amenities of the locality.
13.There shall be no commencement of development until a Site Waste Management Plan has first been submitted to and approved in writing by the Local Planning Authority, the details of which shall include how materials arising from developments will be re-used or recycled where possible, and demonstrate that all sand removed as part of the construction works will be replaced around or within the structure. The approved details shall be implemented upon commencement of development and shall remain in place throughout the development. The reason for the condition is :- In the interests of minimising the need for transporting materials from the site, maintaining a natural defence and minimising loss of beach materials, and minimising the visual impacts of the development.
14.Loose rock material to be used in constructing the development hereby permitted used must be inert, must contain minimum fines and be from a recognised source. Development shall not begin until the details of the source of the rock berm material and a certification record of being inert has first been submitted to and approved in writing by the Local Planning Authority. The reason for the condition is :- To prevent pollution caused by material that may comes from a polluted area or potentially change the chemical balance or the pH of the environment in which it is placed.
15.No more than two separate barges shall be used at any one time to transfer rock from any rock delivery ship onto the beach at Hemsby, unless otherwise first agreed by the local planning authority in consultation with the Marine Management Organisation. The reason for the condition is :- In the interests of residential amenity.
16.The development shall not be commenced until the details of a scheme for undertaking phased beach closure and footpath access has first been submitted to and approved in writing by the Local Planning Authority. The Scheme shall demonstrate the following components: 1) The extent and times of proposed beach closures required during the course of the development; and, 2) Any proposed retention of public access along the beach, and appropriate signage and marshalling by site personnel; and, 3) Use of proposed signage or diversions to direct beach users via Public Right of Way Footpath Hemsby FP2 in the event that access along the beach must be prevented; and, 4) Proposals to mitigate any increased impacts on Footpath Hemsby FP2, and undertake repairs or resurfacing where necessary, with timetable for completion of those works, and with reference to the results of a conditional survey of the footpath to be undertaken before the works begin. The development shall thereafter be undertaken in strict accordance with the details as approved, with signage and alternative access provision to be provided and in place prior to the commencement of development. Any repairs or remediation required to Footpath Hemsby FP2 shall thereafter be undertaken in accordance with the details and timescale to be approved under part (4) of this condition. The reason for the condition is :- In the interests of the amenities of the locality, to protect the recreation routes in the area and to maintain tourism opportunities. NOTE to applicant and developer: A brief for any works required to Footpath FP2 could be obtained from Norfolk County Council Norfolk Trails Team in advance.
17.There shall be no commencement of development until the details of a scheme have first been submitted to and approved in writing by the Local Planning Authority to ensure the Norfolk Coastal Path and public access to the beach remain available during construction wherever possible and practicable. The approved details shall be implemented upon commencement of development and shall remain in place throughout the development. The reason for the condition is :- In the interests of the amenities of the locality, to protect the recreation routes in the area and to maintain tourism opportunities. NOTE - the applicant and developer are requested to work closely with the Norfolk Trails Team at Norfolk County Council to ensure that the Coast Path and the Public Right of Way remain open and available for use at all times wherever possible. Please be advised that a longer-term temporary or permanent diversion or closure of the footpaths would likely be subject to separate consenting regimes.
18.Works to construct and install site compounds, facilities and other land-based infrastructure, including the Hemsby Gap ramp, shall not take place outside the following hours:- 08:00 to 18:00 Mondays - Fridays; 08:30 to 13:30 Saturdays; and no work shall take place on Sundays or Public / Bank Holidays. Wherever possible the same hours of operation shall apply to works to excavate the beach or manoeuvre or install rock loads into the berm with the exception of occasions when tide times and inclement weather dictate that works must be done outside those hours. 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. NOTE - this condition is not intended to prevent unloading / deposition of the berm rock material from vessels moored and transporting to the beach, which will be tide dependent and which is subject to consideration by the Marine Management Organisation licensing regime.
19.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.
20.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 the Habitats Regulations Assessment report submitted by the applicant has been assessed as being suitable for the Borough Council as competent authority to use as its own record of a HRA 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 is therefore considered to pass the Habitats Regulations Assessment as a development which avoids a likely significant effect on designated wildlife sites.
21.INFORMATIVE NOTES: Construction and ecology Advice on construction and ecology protections: Natural England advise that rock delivery by barge should be scheduled outside the overwintering period (1st November to 1st March). If this is not possible, Natural England advise that, to the extent possible, vessel movements are restricted to existing navigation routes and direct transit routes are maintained (to minimise transit distances through areas used by red throated divers). Natural England have also advised that vehicles and vessels avoid over-revving of engines to minimise noise disturbance. The Marine Management Organisation provides the following advice for construction: Only coatings and treatments that are suitable for use in the marine environment can be used. Bunding and/or storage facilities must be installed to contain and prevent the release of fuel, oils, and chemicals associated with plant, refuelling and construction equipment, into the marine environment. Secondary containment must be used with a capacity of no less than 110% of the container's storage capacity. During licensed activities all wastes must be stored in designated areas that are isolated from surface water drains, open water and bunded to contain any spillage. Any oil, fuel or chemical spill within the marine environment must be reported to the MMO Marine Pollution Response Team within 12 hours: Within office hours: 0300 200 2024. Outside office hours: 07770 977 825. At all times if other numbers are unavailable: 0345 051 8486. dispersants@marinemanagement.org.uk All equipment, temporary structures, waste and/or debris associated with the licensed activities must be removed upon completion of licensed activities or specific activity.
22.INFORMATIVE NOTES: Red Throated Diver seabirds and shipping vessel precautions The transportation and delivery of rocks and other material for the rock berm should have careful regard to the need to protect and where possible avoid the known feeding grounds of the Red Throated Diver seabird. Natural England have provided the following advice on establishing a protocol for minimising the impacts on Red Throated Diver populations. Red Throated Diver Vessel Best Practice Protocol includes the following vessel movement requirements: · Where possible avoid works during the over winter period 1st Nov - 1 st March; · Selecting routes that avoid known aggregations of birds; · Restricting (to the extent possible) vessel movements to existing navigation routes (where the densities of divers are typically relatively low); · Maintaining direct transit routes (to minimise transit distances through areas used by divers); · Avoidance of over-revving of engines (to minimise noise disturbance); and, · Briefing of vessel crew on the purpose and implications of these vessel management practices (through, for example, tool-box talks.
23.INFORMATIVE NOTE: Debris on highway network The applicant and developer are reminded that it is an offence to allow materials to be carried from the site and deposited on or damage the highway from uncleaned wheels or badly loaded vehicles. The Highway Authority will seek, wherever possible, to recover any expenses incurred in clearing, cleaning or repairing highway surfaces and prosecutes persistent offenders. (Highways Act 1980 Sections 131, 148, 149.)
24.INFORMATIVE NOTES: NEIGHBOURLY CONSTRUCTION Construction Noise - 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 - 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. 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; - Any mechanical cutting equipment should use integral dust suppression; - There shall be no burning of any materials on site.
25.INFORMATIVE NOTE: PROTECTED SPECIES Protected Species - nesting birds and bats The applicant should note that under the terms of the Wildlife and Countryside Act 1981, it is an offence to disturb nesting birds, bats their roosts and other protected species. You should note that work hereby granted consent does not override the statutory protection afforded to these species and you are advised to seek expert advice if you suspect that nesting birds, bats and other species will be disturbed.
26.INFORMATIVE NOTE: Flood risk permitting. The Environment Agency has confirmed that this application does not require a Flood Risk Activity Permit as the coastal defence in this area is maintained under the Coastal Protection Act 1949, and therefore is not considered a 'sea defence' under the terms of The Environmental Permitting (England and Wales) (Amendment) (No.2) Regulations 2016, Schedule 25, Part 1, Paragraph 3 (3). The proposed works will not have an effect on flood defences in the area.