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Refusal of request for reconsideration for planning permission for 71 Great Union Road, St. Helier

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A decision made (08.09.08) to maintain refusal for planning permission to demolish rear extension and construct new extension for 71 Great Union Road, St. Helier

Decision Reference:   MD-PE-2008 - 0199

Application Number:  P/2007/2903

(If applicable)

Decision Summary Title :

71, Great Union Road, St. Helier

Date of Decision Summary:

4/9/08

Decision Summary Author:

 

Kelly Johnson

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

Kelly Johnson

Written Report

Title :

Request for Reconsideration Report

Date of Written Report:

23/6/08

Written Report Author:

Kelly Johnson

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:  71, Great Union Road, St. Helier

 

Demolish rear extension and construct new extension.  Convert building into 1 No. dwelling. REQUEST FOR RECONSIDERATION of refusal of planning permission.

 

Decision(s):

The Minister decided to Maintain Refusal of Planning Permission

 

The Minister considered the application at the Ministerial Meeting of 4 July 2008 and decided to defer the application pending further information regarding the demolition of the rear extension and front wall.

 

The Minister met with the agent on 2 September and heard further representation regarding the current state of the building. The Minister at this meeting made his decision to Maintain the Refusal of Planning Permission however also invited the agent to make an application for the extensive refurbishment of the property into one dwelling including the demolition of the rear extension and front wall and rebuilding in exact detail the front facade.

 

Reason(s) for Decision:

The Minister decided to maintain the refusal because the proposed development would result in the unacceptable (partial) demolition of a registered building and that insufficient information had been submitted to demonstrate that the proposed works would not be harmful to the special interest of the registered building, contrary to Policy HB13/ HB14, 1998 and G13 of the Island Plan 2002.

 

Resource Implications: None

 

Action required:

 

Notify Agent, Applicant and all other interested parties

 

Signature:

 

PLeg / PT Initials

Position:

Minister for Planning and Environment

 

Date Signed:

 

Date of Decision (If different from Date Signed):

 

 

 

 

 

 

 

Refusal of request for reconsideration for planning permission for 71 Great Union Road, St. Helier

 

Planning and Environment Department

Planning and Building Services

South Hill

St Helier, Jersey, JE2 4US

Tel: +44 (0)1534 445508

Fax: +44 (0)1534 445528

 

 

 

     Application Number: P/2007/2903

Request for Reconsideration Report

Site Address

71, Great Union Road, St. Helier.

 

 

Requested by

Mr. M Jacklin

Agent

MS Planning Ltd

 

 

Description

Demolish rear extension and construct new extension.  Convert building into 1 No. dwelling. REQUEST FOR RECONSIDERATION of refusal of planning permission.

 

 

Type

Planning

 

 

Original Decision

REFUSED

 

 

Reasons

1.         The proposed development would result in the unacceptable (partial) demolition of a building included on the Minister for Planning and Environment’s ‘Register of Buildings and Sites of Architectural, Archaeological and Historical Importance in Jersey’ as a Building of Local Interest, contrary to  Policy G13 (i) of the Jersey Island Plan 2002.

 

2.         Insufficient information has been submitted to demonstrate that the proposed works would not be harmful to the special interest of this building which is included on the Minister for Planning and Environment’s ‘Register of Buildings and Sites of Architectural, Archaeological and Historical Importance in Jersey’ as a Building of Local Interest, contrary to Policy HB13/ HB14, 1998 and G13 of the Island Plan 2002.

 

 

 

Determined by

Delegated Refused

 

 

Date

25/03/2008

 

 

Zones

Built-Up Area

Building Of Local Interest

Town Map Area

 

 

Policies

G2 – General Development Considerations 

G3 – Quality of Design

G13 – Buildings and Places of Architectural and Historic Interest

 

Recommendation

Maintain Refusal

 

 

Comments on Case

The application proposes to demolish the front façade and rear part of a building listed on the Minister's Register of Buildings and Sites of Architectural, Archaeological and Historical Importance in Jersey as a Building of Local Interest. Policy G13 seeks to preserve and protect the architectural and historic character and integrity of registered buildings and places. Policy G13 also requires sufficient information against which the impact on the fabric and appearance of the building can be assessed. 

 

During the Request for Reconsideration process, it came to light that the second Historic Building response dated 12 March 2008 was not copied to the applicant prior to the original decision being made. Whilst this is regrettable, the consultation response did not raise any new issues that had not already been in discussion. Therefore, the error would not have made a material impact on the decision. The agent has confirmed by email dated 20 June 2008, that no new issues were raised by the second Historic Building response and thus has not submitted any further comment in this regard. 

 

The agent argues that the philosophy of G13 and the protection of Buildings of Local Interest is based on the importance a building has to the general amenities of the Island, and that protection should be limited to the various parts of a building that contribute to public amenity. In this case, the agent argues that protection should be limited to the front façade and not any part of the rear of the building, which cannot be seen from public view.

 

However, the registration of a Building of Local Interest relates to an entire site. In some circumstances, in addition to a historic building, there are other structures on the site that do not contribute to the registration, such as minor outbuildings or modern rear extensions. In these instances, alterations have been permitted which do not impact on the historic building, such as in the cases listed by the agent in his Request for Reconsideration letter dated 28 April 2008. However the subject application does not propose this.

 

The application proposes the demolition of the front façade, the most publicly visible part of this Building of Local Interest. The application also proposes to demolish the rear building which is an integral part of the Building of Local Interest and contributes to its registration. The rear of the building is not a modern extension, nor an outbuilding within the site. It is an integral part of the Building of Local Interest, and as the Historic Building Officer advises, contributes to its registration. Therefore, under Policy G13 there is a presumption against the proposed demolition works to the front and the rear.

 

The agent argues that the demolition is necessary work as the building is structurally unsound. The existing building is in poor condition, however its current degraded state does not mean the building has lost its historic integrity.

 

The agent submitted a report by structural engineers, Hartigans, in March 2008, which was considered during the application process. The report from Hartigans is not comprehensive on all options available for this building. The report confirms that the building is unsound and that

“In brief, the building could be demolished, it could be refurbished and secondary structure introduced, or elements could be taken down and reconstructed to match the original”.

 

This report also states that

“It is highly likely that the most effective way to introduce stability to the building will be by introducing an internal frame. The frame may well impinge on the character and external appearance”.

 

Therefore, the report confirms that repair and refurbishment is possible, but does not elaborate on the extent of this work nor its impact on the external appearance.

 

It is highly likely that the demolition and rebuild of the front façade and rear part is the simplest and less costly option, however this building is listed as a Building of Local Interest and Policy G13 seeks to retain and repair listed buildings wherever possible. To this end, the applicant has not provided sufficient information to demonstrate that repair and refurbishment cannot be achieved or the impact that such work may have on the Registered Building.

 

Further to this, insufficient information has been submitted regarding the roof, its stability and indeed its protection during the demolition and reconstruction of the front façade and rear part of this Building of Local Interest. The original roof and roof tiles remain and also contribute to the value as a Building of Local Interest. Additional information that should of been provided to demonstrate that the works will not harm the Building of Local Interest include further details on the possible repair and refurbishment, the precise details of the proposed demolition and rebuild of the front façade, the materials and methods to be used in the rebuild of the front facade, or the structural protection of the roof and remaining walls during demolition. The lack of information in this regard means that the applicant has not demonstrated that the proposed works would not be harmful to the Registered Building, which is contrary to Policy G13.

 

Also open to the applicant, is the option to challenge the registration of the building, but this is processed through a separate application to the Historic Buildings Department. However the current situation is that the Historic Buildings Officer has advised that the building in its entirety contributes to the registration of this Building of Local Interest, and therefore in accordance with Policy G13, its partial demolition is considered unacceptable, especially whilst the option to repair and refurbish is possible.

 

None of the information contained within the agent’s letter of 28 April 2008, offers any additional material information to address the reasons for refusal, and as such the recommendation is to maintain the refusal.

 

 

 

Recommendation

Maintain Refusal

 

 

Reasons

 1.        The proposed development would result in the unacceptable (partial) demolition of a building included on the Minister for Planning and Environment’s ‘Register of Buildings and Sites of Architectural, Archaeological and Historical Importance in Jersey’ as a Building of Local Interest, contrary to  Policy G13 (i) of the Jersey Island Plan 2002.

 

2.         Insufficient information has been submitted to demonstrate that the proposed works would not be harmful to the special interest of this building which is included on the Minister for Planning and Environment’s ‘Register of Buildings and Sites of Architectural, Archaeological and Historical Importance in Jersey’ as a Building of Local Interest, contrary to Policy HB13/ HB14, 1998 and G13 of the Island Plan 2002.

 

 

 

Background Papers

1:2500 Site Plan

Parish of St Helier letter dated 17.12.07

Historic Buildings letter dated 13.12.07

Case Officer letter dated 18.2.08

Agent letter dated 5.3.08

Report by Hartigans dated March 2008

Historic Buildings letter dated 12.03.2008

Request for Reconsideration letter dated 28.04.08

Agent email dated 20.06.08

 

 

 

 

Endorsed by

 

Date

 

 

 

 

 

 

 

 

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