Decision(s): At the public Ministerial Meeting of 19 April 2013 the Minister heard the subject application, and deferred his decision pending legal advice. The Minister has considered the legal advice and the other representations received since the 19 April Ministerial Meeting, specifically: - John Terry Ltd, dated 14 March 2013 (received 01 May 2013);
- Dave Cabeldu, undated (received 15 May 2013);
- Mrs. Denise Carroll MBE, 15 May 2013;
- Craig Alder, 16 May 2013;
- Rosa Chatterley, 16 May 2013.
These representations all object to the proposal, raising concerns in relation to: - the status of the applicant as a competitor to other private developers;
- the piecemeal approach to developing a masterplan;
- the lack of compliance with elements of the masterplan, such as improved pedestrian links, enhanced landscaping and the lack of a green roof as envisaged in the SPG;
- the architecture being inappropriate;
- the Percentage for Art not being related to local artists;
- the inappropriate treatment of the old sea wall;
- the need for further public consultation;
- the lack of major need for more office space.
Following consideration of this up-dated information, the Minister has confirmed he is endorsing the recommendation that the application be approved, subject to the conditions and planning obligation agreement as set out in the Department Report dated 9 April 2013, with the addition of one further condition requiring: - Prior to the commencement of development a Phasing Plan shall be submitted to and agreed in writing by the Minister for Planning and Environment. That Phasing Plan shall include details of the timetable for the delivery of the wider Esplanade Quarter works beyond Phase 1 (the Jersey International Finance Centre) to include the sinking of La Route de la Liberation and the balance of the works in the approved Masterplan for the Esplanade Quarter (as Amended).
Reason: To ensure compliance with Policy BE2 of the Jersey Island Plan 2011.
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Reason(s) for Decision: The proposed development is considered to be acceptable having due regard to the Jersey Island Plan 2011 and all of the other material considerations raised. In particular, the development has been assessed against Policies SP1, SP2, SP3, SP4, SP5, SP6, SP7, GD1, GD2, GD4, GD5, GD6, GD7, GD8, GD9, NE1, HE5, BE1, BE2, BE5, BE10, EO1, TT4, TT7, TT8, TT9, TT10, NR1, NR7, WM1, WM5, LWM2 and LWM2 of the Jersey Island Plan 2011. In addition, the development has been assessed against the Waterfront Supplementary Planning Guidance (April 2006), Masterplan for the Esplanade Quarter (April 2008), Masterplan Amendment (March 2011) and the Esplanade Quarter Design Code (September 2008) In this case, the proposed development is regarded as acceptable having balanced an assessment of the objectives of the various individual policies, and the Supplementary Planning Guidance documents. The Minister acknowledges the application delivers a proportionate amount of the Masterplan objectives, and does not preclude the full delivery of the Masterplan objectives in future phases of development. The Minister is further conscious of the relationship with the wider Esplanade Quarter site and has identified the need for a Phasing Plan to manage that delivery. In addition, the representations raised to the scheme have been carefully assessed. The Minister acknowledges the representations and has weighed them against the benefits delivered by the application. Taken as a package, the Minister believes the application to be a positive benefit, and that the potential impacts will not be unreasonable in all the circumstances. |