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 application form and approved plans, as referenced below: - Individual stall site layout example, with dimensions of stall areas - plan ref MH/10023464346/001, received by the Local Planning Authority on 16th December 2021; - Application Plan and Concession Zones location plan, received on 16th December 2021; and, - Sample Barrier Image, received by the Local Planning Authority on the 2nd March 2022. The reason for the condition is:- For the avoidance of doubt.
3.There shall be no more than three (3 no.) mobile concession units stationed within and operating from the application site shown on approved plan ref: Application Plan and Concession Zones, at any one time. The concession units shall not be stationed outside the three areas identified as the Concession Zones shown on the approved 'Application Plan and Concession Zones' plan. For the avoidance of doubt, this does not prejudice the continued parking of a single ice cream van selling ice-cream to the public all year round, between 10am and 6pm on any day, in accordance with the terms of planning permission 06/10/0616/F. The reason for the condition is:- In order to ensure satisfactory off-street parking facilities are retained, and to minimise the impact up on the conservation area (No.17 Gorleston Seafront), and to minimise the impact on local residential amenity.
4.The car park shall only be used for the stationing of the mobile concession units hereby approved, for a maximum of 190 days per year, and only between 01st March and 30th September in any calendar year. Upon first use by a concession unit(s), a log of all occasions of concession unit operation within the car park shall be maintained by the applicant and shall be made permanently available for inspection at any time by the Local Planning Authority. The reason for the condition is :- To enable the Local Planning Authority to retain control over the use of the site because the main town centre retailing uses proposed should ordinarily be directed to defined local centres unless evidence justifies their location elsewhere, but in this instance the limited retail offer is considered appropriate to enhance a tourism offer and provide a visitor attraction in line with Local Plan Part 2 policy L2, whilst being necessary to avoid a detrimental impact on local centres sites, and minimising the impact on neighbouring residential amenity, as required by Local Plan Part 2 policies R7 and A1.
5.Mobile concession units providing hot food takeaway use (sui generis use) (note, this does not include hot drinks) shall be located only in the 2no. Concession Zones proposed on the eastern side of the car park application site. Hot food takeaway concession units shall not at any time be located within the Concession Zone on the western side of the car park application site, as shown within the approved plan reference 'Application Plan and Concession Zones'. The reason for the condition is :- In the interests of protecting the residential amenities of the occupiers of nearby dwellings.
6.The mobile concession units hereby approved shall not be larger in area than one demarcated parking space measured at 2.5m wide by 5.5m length as shown on approved plan reference MH/10023464346. Concession units shall occupy only one parking space at any one time and shall only be sited within a single parking space. The reason for the condition is :- In order to minimise the loss of available parking spaces, to avoid a detrimental impact on the local traffic network, and to ensure satisfactory off-street parking facilities remain in place for visitor parking.
7.The mobile concession units utilising the concession zones operating pursuant to this permission shall not exceed 3m in height at any time. The reason for the condition is :- To protect the visual impacts of the setting of the historic environment within Conservation Area No. 17 Gorleston Seafront.
8.The use of the site for mobile concession units hereby permitted shall not be undertaken nor provide for sales to the public outside the hours of: - 08:00 - 18:00 Monday to Saturday, between 01 October - 30th April in any year; - 08:00 - 20:00 Monday to Saturday, between 01 May - 30th September in any year; and, - 08:00 - 16:00 on any Sunday, and Bank or Public Holiday in any year. The reason for the condition is :- In the interests of protecting the residential amenities of occupiers of nearby dwellings.
9.All mobile concession units shall be removed from the Gorleston Cliff Top Car Park when not in use. No mobile concession units shall be parked anywhere within the car park application site nor the adjoining car park outside the application site outside the permitted hours of use. All concession units shall be removed from the car park within 30 minutes of the end of the permitted hours of trading use set out within Condition 8 of this permission. The reason for the condition is :- In the interest of the visual impacts of the setting of the historic environment within Conservation Area No. 17 Gorleston Seafront.
10.No mobile concession units operating pursuant to this permission shall include or use any externally located generators. The reason for the condition is :- In the interest of protecting the amenity of nearby dwellings and minimising noise and air pollution.
11.Each individual mobile concession unit parking area, as shown in approved plan reference MH/10023464346, shall at all times be demarcated with appropriate division between adjoining parking spaces, in accordance with the intention proposed within the approved 'sample barrier image' detail submitted to the Local Planning Authority on 02 March 2022. The barriers shall be installed and retained for the full duration of the period that the mobile concession unit(s) is in use. The site management / car park operators shall ensure that these are installed before the commencement of the use on each occasion of a concession unit being stationed within the site, and shall ensure that these are removed by site management at the cessation of each concession unit's parking within the site. The reason for the condition is :- To allow suitable separation between the users of the mobile concessions and the moving traffic and to ensure there is minimal disruption to the availability of parking spaces within the site.
12.(a) There shall be no commencement of the use of the site for mobile concession units until at least 3 waste / litter bins have first been installed at the site and made available for use, and of these three, at least one additional waste / litter bin shall be provided at each of the 3 Concession Zones hereby approved as shown on approved 'Application Plan and Concession Zones' plan. (b) In addition to the provision of permanent waste bins, each mobile concession unit operating pursuant to this permission shall be responsible for providing an additional refuse for use by its customers during its hours of operation, and will be responsible for removing the waste from the site after each use. The reason for the condition is :- In the interests of the amenity of local residents and businesses and to protect the visual attraction and amenity of the area, to ensure a satisfactory form of development, and to ensure the development is accountable for its own waste and to not increase pressure on existing facilities in and around the application site.
13.With the exception of a single temporary sandwich board / 'A'-frame board per concession unit, there shall be no signage, banners, separate stalls, picnic benches, tables or chairs installed associated with the use without first gaining the express written permission from the Local Planning Authority. The reason for the condition is :- In the interest of protecting the visual quality of the setting of the historic environment within Conservation Area No. 17 Gorleston Seafront, to avoid creating a sense of permanent retailing activity, and to protect the visual amenities of the adjacent residential properties.
14.There shall be no use of amplified music or amplified tannoy systems associated with the use or as part of any mobile concession unit operating pursuant to this permission. The reason for the condition is :- In the interests of the residential amenities of the occupiers of nearby dwellings.
15.REASON FOR APPROVAL OF THE APPLICATION :- The proposal satisfies the criteria of adopted policies R7, L2 and A1 of the Local Plan Part 2 and is consistent with the aims set out in Core Policies CS6, CS8 and CS16 of the adopted Core Strategy.
16.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.