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Bel Royal - Category 'A' Housing Development: Alteration of Conditions.

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A decision made (04/02/2008) regarding: Bel Royal - Category 'A' Housing Development: Alteration of Conditions.

Decision Reference:  MD-PE-2008-0023 

Decision Summary Title :

DS – Category A housing development at Bel Royal – Request to vary conditions 4, 8, 15, 16, 17, 31, 50, 51 and 57.

P/2006/2489

RC/2007/2964

Date of Decision Summary:

28th January 2008

Decision Summary Author:

Roger Corfield

Principal Planner: Policy and Projects

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral

Person Giving Oral Report:

Roger Corfield

Principal Planner

Written Report

Title :

N/A

Date of Written Report:

N/A

Written Report Author:

N/A

Written Report :

Public or Exempt?

N/A

Subject: 

An application from the developer to vary the following planning conditions to allow more time for compliance. 

(N.B. The first 7 conditions currently require compliance within 6 months of the commencement of works / development (i.e. 11th November 2007), the next condition requires compliance in the first planting season after commencement and the final condition is not presently time constrained). 

Condition 4:   Requirement for submission and approval of drawings showing tenure mix.

Reason – Tenure issue still on-going and requires a decision of the Minister. 

Condition 8:   Requirement for submission and approval of detailed revised drawings of the proposed road improvement works.

Reason – Circumstances have changed due to the subsequent inclusion of 2 roadside oak trees on the ‘List of Protected Trees’ and there have been outstanding issues affecting the preparation of a revised scheme to satisfy TTS. 

Condition 15:   Requirement for submission and approval of a detailed scheme for lighting the public areas.

Reason -   Unable to finalise until outstanding issues relating to road improvements and the layout of elderly persons housing are resolved. 

Condition 16:   Requirement for submission and approval of a detailed landscaping scheme.

Reason - Unable to finalise until outstanding issues relating to road improvements and the layout of elderly persons housing are resolved. 

Condition 31:  Requirement for submission and approval of a ‘noise scheme’.

Reason – To allow finalisation of agreements with Jersey Steel regarding noise mitigation works. 

Condition 50:  Requirement for submission and approval of detailed surface water proposals.

Reason – Developers still in negotiation with TTS regarding the outfall to the watercourse and the design of the pumping station. 

Condition 57:  Requirement for submission and approval of siting and design details for the JEC substation.

Reason – Developers unable to finalise the location because of the outstanding issues relating to the road improvements. 

Condition 17:  Requirement to plant buffer areas alongside the road and Le Perquage in the first planting season (November to March) following commencement of the development

Reason - Unable to finalise detailed landscape scheme.  

Condition 51:  Requirement to ensure petrol/oil interceptors are provided as part of the detailed proposals for surface water disposal.

Reason – Developers unable to finalise the road improvement design which the interceptors form part of. (N.B. This is not time constrained and does not need to be varied!)

Decision(s):

The Minister decided to:

  1. Vary planning condition no. 4 to read: “…Drawings showing the proposed tenure mix shall be submitted to and approved by the Minister for Planning and Environment within 12 months of commencement of works”.
  2. Vary planning condition no. 8 to read: “Within 6 months of the Planning Obligation Agreement being registered in the Royal Court, detailed and suitably revised drawings of the proposed road widening / improvement works to St. Peter’s Valley Road (including…) shall be prepared and agreed with the Transport and Technical Services Department and shall be submitted to and approved by the Minister for Planning and Environment…”.
  3. Vary planning condition no. 15 to read: “Within 6 months of the Planning Obligation Agreement being registered in the Royal Court, an amended detailed scheme for lighting the ‘public areas’ shall be submitted to and approved by the Minister for Planning and Environment. …”.
  4. Vary planning condition no. 16 to read: “Within 6 months of the Planning Obligation Agreement being registered in the Royal Court, a detailed landscaping scheme / plan shall be submitted to and approved by the Minister for Planning and Environment. …”.
  5. Vary planning condition no. 31 to read: “A noise scheme for protecting the proposed housing from noise from Jersey Steel, in compliance with Department of Environment Planning Policy Guidance 24, ‘Planning and Noise’ and World Health Organisation publication ‘Guidelines for Community Noise’, 1999 shall be submitted to and approved by the Minister for Planning and Environment, in consultation with the Health Protection Department, within 6 months of the Planning Obligation Agreement being registered in the Royal Court and prior to the first occupation. …”.
  6. Vary planning condition no. 50 to read: “Exact details of drainage proposals for the controlled disposal of surface water from the development to the watercourse, including detailed site layouts and calculations for sizing of sewers, as well as details of the two surface water attenuation tanks now proposed at the south western corner of the housing site and any associated works to the stream (e.g. headwall or gabion mattressing) shall be submitted to and approved by the Minister for Planning and Environment in consultation with the Principal Drainage Engineer, Transport and Technical Services, within 6 months of the Planning Obligation Agreement being registered in the Royal Court. …”.
  7. Vary planning condition no. 57 to read: “Within 6 months of the Planning Obligation Agreement being registered in the Royal Court, the siting and full design details of any required JEC substation shall be submitted to and approved by the Minister for Planning and Environment.”
  8. Vary planning condition no. 17 to read: “The planting of the buffer areas associated with the realigned roadside wall and banque feature along St. Peter’s Valley Road and with the re-contouring in Field 853 adjacent Le Perquage, where this is not affected by development, shall be completed to the satisfaction of the Minister for Planning and Environment within 6 months of the Planning Obligation Agreement being registered in the Royal Court, or as may otherwise be agreed in writing by , or on behalf of, the Minister.”
  9. Not vary planning condition no. 51 (it being not time-constrained).

Reason(s) for Decision: 

Specific

  1. To assist in meeting the Island’s identified housing requirements;
  2. In the interests of highway safety and to encourage safe pedestrian crossing of the St. Peter’s Valley Road;
  3. To provide for the safety of residents and passers-by, avoid light pollution, avoid light intrusion into first-floor rooms, reduce the potential for vandalism, avoid potential glare to road users, reduce future problems associated with the disposal of lamps with a high mercury count, protect the character and amenity of the area and serve the interest of energy conservation;
  4. To ensure that provision is made for a landscaping regime that will enhance the appearance of the development and help assimilate it into the landscape from the outset;
  5. To protect the amenities of future occupants of the approved properties from undue noise exposure;
  6. To help ensure that adequate provision is made for surface water drainage in a manner that does not have an undue impact on the risk of fluvial flooding of properties in the area;
  7. To ensure the JEC substation has a satisfactory appearance and avoid it detracting from the visual amenities of the development;
  8. To ensure suitable planning in the ‘buffer areas’, so as to help soften the impact of the approved development, improve the amenities of the area and maintain landscape quality.

General

  1. To ensure that the conditions attached to the grant of planning permission remain fair and reasonable in the light of changing circumstances, which affect the approved development and time period constraints set out in the relevant conditions.
  2. To afford additional and adequate time for the resolution of outstanding matters, which impact on the requirements of the conditions in question.
  3. To regularise the current position so that the developers are not in breach of the conditions to which the planning permission is subject. 

Resource Implications:

None

Action required:

1. Inform the developer and local political representatives of the Minister’s decision.

Signature: 

Position:

Minister for Planning and Environment

Date Signed: 

Date of Decision (If different from Date Signed): 

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