Application for variation/removal of condition

1. Proposals to change the use of or redevelop sites/buildings within safeguarded employment areas as set-out in Policy CS6 of the Core Strategy (LPP1).
2. Proposals to change the use of or redevelop sites/buildings in community use to a non-community use.
3. Proposals to demolish non-designated heritage assets or buildings which contribute to the significance of conservation areas.  
4. Proposals which involve the loss of tourist accommodation or tourist, leisure or cultural facilities.
5. Proposals for new residential development close to Great Yarmouth and Gorleston town centres.

Marketing evidence should be presented as a report which details how the site/building has been marketed for its existing use in line with the requirements set out in the relevant policies.  

For proposals for residential development close to Great Yarmouth and Gorleston town centres, with relevance to Policy H11 - evidence should be supplemented whether the site is suitable for elderly housing.  

Consider removal of condition relating to tourist use and removal of rural occupancy condition.  

Relevant Local Plan policies:

LPP1:

• CS6
• CS8

LPP2:

• GY6
• GY9
• H11
• L1
• E5
• C1

Amendment proposals - plans/elevations/floor plans

A Schedule of Changes relating to the amendment of any plans and drawings should also be provided

Any proposed amendments to existing planning permissions.

A statement describing the changes proposed is required.

A Schedule of Changes relating to the amendment of any plans and drawings should also be provided.

It is also often very helpful to identify specific changes on the submitted plans.

1. Major applications (a major application is 10 or more dwellings, residential development on a site having an area of 0.5 hectares or more, the provision of building/s creating 1,000sqm or more floorspace, or development on a site having an area of 1 hectare or more) where planning obligations are required.
2. Any other development where it has been agreed at pre-application stage that a S106 Obligation is required or where it was known in advance of submission that a S106 Obligation would be necessary in order to secure permission.

A statement setting out both or either:

1. How any existing Section 106 Agreement will be modified - e.g. by Deed of Variation
2. A draft heads of terms to be included for any new or amended S106 Obligations together with the following information:

• an undertaking to pay the reasonable costs of the Council in drafting/checking a S106 Obligation
• title details of all those with an interest in the land in respect of which the S106 Obligation is to be made
• contact details of the legal representative acting for the applicant/agent in relation to the S106 Obligation

Where it becomes apparent during the determination of an application that a S106 is required, the Council will not invalidate an application but agreement to an extension of time may be required.

Relevant Local Plan policies:

LPP1:

• CS4 
• CS11
• CS14

LPP2:

• USC4
• GSP5
• GSP8 (Key Policy)
• H1
• H2
• H4

All Section 73 applications to:

Vary a condition or conditions including making minor material amendments to the approved plans.

or

Remove a condition or conditions of a previous permission or consent.

A statement should be provided which sets out clearly which conditions are being varied or removed. If the application proposes variations to previously approved plans the statement should summarise the changes on an individual plan basis.

Where a condition is proposed to be removed, a clear justification should be provided.

Where the wording of a condition is to be varied, a clear justification should be provided and, where possible, this should also set out clearly the new wording being sought for the condition(s).

Any amended plans/elevations/floor plans should set out clearly the changes proposed and these should be highlighted/annotated where possible to aid clarity and to ensure decisions can be made quickly.

As a new decision is being issued, any original documents that formed part of the previous permission should be re-submitted (i.e. protected species surveys).

Please note: where the original planning permission included a S106 agreement a Deed of Variation is likely to be required.