Appendix 17
Draft Conditions
Time Limit (standard)
1.
The development hereby permitted shall be begun before the expiration of
three years from the date of this permission.
Materials (as agreed for appeal scheme)
2.
No development shall be commenced until precise details of the materials to
be used in the construction of the external walls and roofs of the buildings
hereby permitted have been submitted to and approved by the Local
Planning Authority in writing. The development shall then be constructed in
full accordance with the approved details.
Landscaping (as agreed for appeal scheme)
3.
Prior to the commencement of the development hereby permitted, a hard
and soft landscaping scheme shall be submitted to and approved in writing
by the Local Planning Authority.
The scheme shall indicate the species, number and size of new trees and
shrubs at the time of their planting and details of surface treatments and any
streetscape furniture.
The scheme shall also include indications of all existing trees and hedgerows
on the land, with details of any to be retained (which shall include details of
species and canopy spread), together with measures for their protection
during the course of development.
The scheme as approved shall be carried out not later than the next
available planting season following the commencement of development or
such further period as the Local Planning Authority may allow in writing.
4.
Before the development hereby permitted is begun, all the existing trees
identified on the approved plan to be retained shall be protected from
damage during the course of the development by means of protective
fencing in accordance with the details specified in BS5837 2005 'Trees in
Relation to Construction' to the satisfaction of the Local Planning Authority.
The protective fencing shall be maintained during the period of construction
works on the site to the satisfaction of the Local Planning Authority. Within
the fenced area(s) no soil, fuel, chemicals or materials shall be stored,
temporary buildings erected or vehicles parked or fires lit.
5.
Any new tree or shrub which within a period of five years from the date of
planting dies, is removed or becomes seriously damaged or diseased, shall
be replaced during the next planting season with another of a similar size
and species to the Local Planning Authority's satisfaction, unless prior written
agreement is given to any variation.
(17.1)
Appendix 17
Highways (suggested by Norfolk County Council letter dated 23rd November 2009)
6.
Prior to the first occupation of the development hereby permitted the
vehicular accesses shall be constructed in accordance with the Norfolk
County Council industrial access construction specification.
7.
Prior to the first occupation of the development hereby permitted any
access gate or gates, shall be hung to open inwards and shall be set back a
minimum distance of 15 metres for the service yard access and 5m for the
customer entrance from the near edge of the adjoining highway
carriageway.
8.
Vehicular, pedestrian and cyclist access to and egress from the adjoining
highway shall be limited to the accesses shown on drawing Figure A3. Any
other access(es) or egresses shall be permanently closed, and the footway /
highway verge shall be reinstated in accordance with a detailed scheme to
be agreed with the Local Planning Authority in consultation with the Highway
Authority, concurrently with the bringing into use of the new accesses.
9.
Prior to the first occupation of the development hereby permitted visibility
splays shall be provided in full accordance with the details indicated on the
approved plan. The splays shall thereafter be maintained free from any
obstruction exceeding 0.225 metres above the level of the adjacent
highway carriageway.
10.
Prior to the first occupation of the development hereby permitted the
proposed on-site car and cycle parking / servicing / loading, unloading /
turning / waiting areas shall be laid out, demarcated, levelled, surfaced and
drained in accordance with the approved plan and retained thereafter
available for these specific uses.
11.
The accesses shall be constructed with adequate drainage measures to
prevent surface water run-off onto the adjacent public highway, in
accordance with a detailed scheme submitted to and approved in writing
by the Local Planning Authority, in consultation with the Highway Authority.
12.
No element of the development hereby permitted shall be occupied until a
detailed scheme for the off-site highway improvement works as indicated on
drawing Figure A3 has been submitted to and approved in writing by the
Local Planning Authority in consultation with the Highway Authority.
13.
Prior to the first occupation of the development hereby permitted the off-site
highway improvement works referred to in part A of this condition shall be
completed to the written satisfaction of the Local Planning Authority in
consultation with the Highway Authority.
(17.2)
Appendix 17
14.
Prior to the commencement of any works a Construction Traffic
Management Plan and Access Route which shall incorporate adequate
provision for addressing any abnormal wear and tear to the highway shall be
submitted to and approved in writing with the Local Planning Authority in
consultation with Norfolk County Council Highway Authority together with
proposals to control and manage construction traffic using the 'Construction
Traffic Access Route' and to ensure no other local roads are used by
construction traffic.
15.
For the duration of the construction period all traffic associated with the
construction of the development will comply with the Construction Traffic
Management Plan and use only the Construction Traffic Access Route and
no other local roads unless approved in writing with the Local Planning
Authority in consultation with the Highway Authority.
16.
All service vehicles, in the control of the applicant, shall arrive from and
depart to the A1082 Holway Road to gain the wider highway network.
17.
The final Travel Plan, to supersede the agreed Interim Travel Plan, shall be
submitted to and approved in writing by the Local Planning Authority in
consultation with the Highway Authority within three months of the opening
of the store.
Re-use of materials (as agreed for appeal scheme)
18.
So far as is reasonably possible any material which results from the demolition
of buildings on the site of the development shall be re-used for the
construction of the development.
Car parking (as agreed for appeal scheme)
19.
No development shall take place until a scheme setting out details of the
measures proposed for the control and management of the car park hereby
permitted has been submitted to and approved in writing by the local
Planning Authority. This shall provide for the availability of the car park to
general users of the town centre for a period of up to three hours at no
charge.
Phasing (as agreed for appeal scheme)
20.
Demolition of the Fire Station that is currently erected on the site shall not
commence until the local Planning Authority is satisfied that the construction
of the replacement Fire Station at 56 Cromer Road is practically completed
and is ready to be brought into beneficial use.
(17.3)
Appendix 17
21.
Demolition of the Community Centre that is currently erected on the site and
removal of the playing pitch shall not commence until the Local Planning
Authority is satisfied that construction of a replacement Community Centre
and replacement playing pitch is practically completed and are ready to be
brought into beneficial use.
Retail Areas (as agreed for appeal scheme but updated to reflect current scheme)
22.
The total retail sales floor space of the supermarket hereby permitted shall
not exceed 1,175 sq m. This floor space is to comprise the areas used for the
display and sale of goods to the public. This floor space excludes checkouts,
lobbies, concessions, customer toilets and walkways behind the checkouts
and is the definition of net sales area floor space used by the Competition
Commission.
23.
No more than 20% of the total retail sales floor space hereby permitted shall
be used for the sale of non-convenience goods and any floor space set
aside and used for checkouts shall not be used for the sale of goods.
24.
The retail supermarket building hereby permitted shall be constructed in
accordance with details approved and no additional floor space including
at mezzanine level shall be constructed without the express grant of planning
permission by the local Planning Authority.
Independent Units (new)
25.
The five independent units proposed in the development hereby permitted
for use within Class A1 and / or Class A2 and / or Class A3 (as shown on
drawing number WE_P6022_120 Rev H) shall not be used in conjunction with
or be used ancillary to the retail supermarket. Deliveries to and collections
from the five independent units shall be made in accordance with the
methods described within the letter sent on behalf of the Applicant to the
Local Planning Authority on the 17th February 2010. Car parking spaces
within the retail supermarket car park for these purposes shall be identified on
a drawing to be agreed by the Local Planning Authority prior to the first
occupation of the development hereby permitted and then marked out and
thereafter be retained for such purposes.
Operating Hours (as agreed for appeal scheme)
26.
Unless otherwise approved by the Local Planning Authority no deliveries shall
be taken at or despatched from the retail supermarket or the independent
retail / service units hereby permitted except between the hours of 07.00 and
23.00 Mondays to Saturdays and 09.00 to 18.00 Sundays and Bank Holidays.
27.
Unless otherwise approved by the Local Planning Authority the retail
supermarket hereby permitted shall not be open to customers except
between the hours of 07.00 and 23.00 Mondays to Saturdays and 09.00 and
18.00 on Sundays and Bank Holidays.
(17.4)
Appendix 17
No Cafeteria (as agreed for appeal scheme)
28.
The retail supermarket hereby permitted shall at no time contain any
cafeteria for use by the general public unless an express grant of planning
permission has first been given by the Local Planning Authority.
Customer Toilets (new)
29.
The operators of the retail supermarket hereby permitted are to make
available to the general public the toilets provided for the use of customers
during store trading hours.
Gateway feature (as agreed for appeal scheme)
30.
Prior to the commencement of development further details of a gateway
feature to signpost the footpath link shall be submitted to and agreed in
writing by the Local Planning Authority. That gateway feature shall be
installed, prior to the first opening of the store and thereafter be retained.
Lighting (as agreed for appeal scheme)
31.
The retail supermarket hereby permitted shall not open for trade until a
scheme for lighting the external areas of the development has been
approved in writing by the Local Planning Authority. Lighting shall be
provided and maintained in accordance with the approved details.
CCTV (as agreed for appeal scheme)
32.
The retail supermarket hereby permitted shall not open for trade until details
of a scheme of closed circuit television to be provided on the site is
submitted to and approved in writing by the Local Planning Authority. Such
system shall be provided and maintained in accordance with the approved
details.
Shopping Trolleys (as agreed for appeal scheme)
33.
No development shall take place until a scheme setting out details of
measures proposed to control the use and management of shopping
receptacles, including trolleys and baskets, (which will include trolley traps,
storage and collections arrangements) has been submitted to and
approved in writing by the Local Planning Authority. The development shall
thereafter comply with the approved storage and management details.
(17.5)
Appendix 17
Pedestrian Link (as agreed for appeal scheme but updated to reflect current
scheme)
34.
The retail supermarket hereby permitted shall not commence trading until a
pedestrian link between the site and Station Road (as shown on drawing
number WE P6022 120 Rev H) and design specifications, including the
provision of a directional notice board, have been provided to the
satisfaction of the Local Planning Authority and the said link shall thereafter
be retained and kept open to the public at all times when the retail
supermarket is open to customers.
Recycling Facilities (as agreed for appeal scheme)
35.
Any receptacles for the recycling of household material that may be
provided at the site for public use shall not be emptied except between the
hours of 07.00 and 23.00.
Barrier (as agreed for appeal scheme)
36.
Details of a barrier to the car park for use when the retail supermarket hereby
permitted is not staffed shall be submitted to and approved by the Local
Planning Authority prior to the commencement of development. The barrier
shall be installed prior to the opening of the retail supermarket and shall
thereafter be retained for such purposes.
Advertisements (as agreed for appeal scheme)
37.
For the avoidance of doubt, the display of advertisements is subject to
control and may require the express consent of the Local Planning Authority
under the appropriate Regulations. The retail supermarket hereby permitted
shall not commence trading until details of signage compatible with its
design and the character of Sheringham have been submitted to and
approved by the Local Planning Authority.
Foul Water Drainage (as agreed for appeal scheme)
38.
Prior to the commencement of development a scheme for the provision and
implementation of foul drainage shall be submitted to and agreed in writing
by the Local Planning Authority in consultation with Anglian Water. The
scheme shall thereafter be constructed and completed prior to the first use
of the store hereby permitted.
(17.6)
Appendix 17
Flooding (suggested by Environment Agency letter dated 23rd November 2009)
39.
The development permitted by this planning permission shall only be carried
out in accordance with the approved Flood Risk Assessment (FRA)
'Addendum Report – Drainage Clarification' (dated November 2009) from
Pinnacle Consulting Engineers Limited and the following mitigation measures
detailed within the FRA:
(a)
an infiltration drainage scheme incorporating permeable paving shall
be implemented prior to completion and occupation of the
development. The implemented scheme should be designed in
accordance with the design details and drawings provided by
Pinnacle Consulting engineers in their Flood Risk assessment (FRA)
'Addendum Report – Drainage Clarification' (dated November 2009)
(b)
The site levels in the section of proposed car parking to the east of the
site shall remain as existing as detailed on plan PSK003 rev B.
(c)
the permeable paving shall be maintained over the lifetime of the
development in accordance with the recommendations in Table 12.12
in the SUDS Manual
Acoustic Fence (as agreed for appeal scheme)
40.
All acoustic fencing to the retail supermarket delivery yard and related
areas, as specified and approved in the application, shall be erected prior to
first use of the store hereby permitted and thereafter maintained.
Plant and Machinery (as agreed for appeal scheme)
41.
Prior to the first use of the retail supermarket hereby permitted, full details of
any plant and machinery, including but not limited to ventilation, air
conditioning, refrigeration or mechanical extractor system to be installed as
part of the approved development, shall be submitted to and approved in
writing by the Local Planning Authority. The submitted details shall specify
measures to control noise, dust and odour from the equipment. This will also
include odour from any cooking processes.
42.
The use of the retail supermarket hereby permitted shall not be commenced
until such time as the plant and machinery referred to in condition 38 above
and other equipment has been installed and is operated in full accordance
with the approved details (unless otherwise agreed in writing by the Local
Planning Authority). The plant and machinery and other equipment shall be
maintained in accordance with the approved details thereafter.
(17.7)
Appendix 17
Sustainability (suggested by memorandum from the NNDC Sustainability Manager,
dated 16th October 2009)
43.
Unless otherwise approved in writing by the Local Planning Authority, the
retail supermarket hereby permitted shall not be open to the public until the
following measures identified in the Sustainable Construction Checklist
submitted with the planning application have been implemented:
(a)
Primary energy demand of the A1 (retail) supermarket building will be
reduced by at least 15% (compared to part L of current building
regulation requirements) through the use of measures outlined in the
environmental Sustainability statement and Design and Access
statement;
(b)
A rainwater harvesting system will be installed to supply water for at
least 50% of total WC flushing requirements;
(c)
A sustainable urban drainage system will be installed, either using
infiltration or 'geo-light' underground modular storage system
44.
The two residential dwellings hereby permitted shall achieve a Code Level 2
rating or above in accordance with the requirements of the Code for
Sustainable Homes: Technical Guide (or such applicable measure of
sustainability for house design that replaces that scheme). No dwelling shall
be occupied until a Final Code Certificate has been issued and submitted to
the Local Planning Authority certifying that Code Level 2 or above has been
achieved.
45.
Three Combined Heat and Power (CHP) systems (as identified in the
addendum to the Energy Statement submitted on 13 October 2009) shall be
installed and operated to generate at least 10% of the predicted energy
requirements of the development (as identified in the addendum to the
Energy Statement submitted on 13 October 2009) unless otherwise agreed in
writing by the Local Planning Authority.
(17.8)