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Roche Banque, La Route de la Cote, St. Martin: Planning Application considered by Minister

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A decision made on 8 April 2011:

Decision Reference:  MD-PE-2011-0035 

Decision Summary Title

Planning Applications Panel – decisions considered by Minister

Date of Decision Summary:

8th April 2011.

Decision Summary Author:

 

Chief Officer Department of the Environment

Decision Summary:

Public or Exempt?

 

Public

Type of Report:

Oral or Written?

Written & Oral

Person Giving

Oral Report:

Chief Officer Department of the Environment

Written Report

Title

P/2010/0804 – Report to Planning Applications Panel

Date of Written Report:

09/02/2011

Written Report Author:

Planner

Written Report :

Public or Exempt?

 

Public

Subject:

 

  • P/2010/0804. Roche Banque, La Route de la Cote, St. Martin. Construct 1 No. dwelling. REQUEST FOR RECONSIDERATION of refusal of planning permission.

 

Decision(s):

 

To maintain refusal of the application for the following reasons;

 

  1. The site is located within the Green Backdrop Zone and is currently well-vegetated, thereby providing a valuable break in the surrounding built context along La Route de la Côte. As part of any application for development within this zone, the natural landscape must remain as the dominant element in the scene; in addition, development proposals must present satisfactory proposals for new planting. In this instance, these policy criteria have not been met as the proposed scheme would lead to an unacceptable loss of vegetation thereby having a harmful impact on the general street character. For this reason, therefore, the application fails to satisfy the requirements of Policies G2 (I, ii, & iv), BE10 and H8 (ii & iii), of the Jersey Island Plan, 2002.

 

  1. The site, which is narrow and steeply sloping, is considered to be an unsuitable and inappropriate location for the siting of a new dwelling. In order to accommodate the proposed development, a significant volume of material is required to be excavated from the site. This is excessive and would result in a contrived and intrusive development which fails to respect the natural character and condition of the site. For this reason, therefore, the application fails to satisfy the requirements of Policies G2 (i & ii), H8 (ii, iii & vii), WM1 and WM2 of the Jersey Island Plan, 2002.

 

  1. The proposed development fails to provide any on-site car parking, contrary to the Minister for Planning and Environment's parking standards. It is likely that this would increase the pressure on public car parking in the vicinity. For this reason, therefore, the application fails to satisfy the requirements of Policies G2 (vii & viii) and H8 (v) of the Jersey Island Plan, 2002.

 

Reason(s) for Decision:

 

The Minister for Planning and Environment became aware that Planning Applications Panel (PAP) may not have been fully constituted for consideration of the above application and resolved to reconsider the application. The Minister considered all the relevant information including the information presented to the Planning Applications Panel.

 

The Decision to refuse the application has been upheld having taken into account the relevant policies of the approved Island Plan, together with other relevant policies and all other materials considerations, including the consultations and representations received.

 

Resource Implications:

There are no resource implications.

 

Action required:

Issue notifications of the decision as appropriate.

 

Signature:

 

Senator FE Cohen

Position:

 

Minister for Planning and Environment

Date Signed:

 

Date of Decision

 

 

 

 

 

 

Roche Banque,La Route de la Cote, St. Martin: Planning Application considered by Minister

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/2010/0804

Request for Reconsideration Report

Site Address

Roche Banque, La Route de la Cote, St. Martin.

 

 

Requested by

Mrs A Paines

Agent

Anthony Gibb Ltd

 

 

Description

Construct 1 No. dwelling. REQUEST FOR RECONSIDERATION of refusal of planning permission.

 

 

Type

Planning

 

 

Original Decision

REFUSED

 

 

Reasons for Refusal

  1. The site is located within the Green Backdrop Zone and is currently well-vegetated, thereby providing a valuable break in the surrounding built context along La Route de la Côte. As part of any application for development within this zone, the natural landscape must remain as the dominant element in the scene; in addition, development proposals must present satisfactory proposals for new planting. In this instance, these policy criteria have not been met as the proposed scheme would lead to an unacceptable loss of vegetation thereby having a harmful impact on the general street character. For this reason, therefore, the application fails to satisfy the requirements of Policies G2 (I, ii, & iv), BE10 and H8 (ii & iii), of the Jersey Island Plan, 2002.

 

  1. The site, which is narrow and steeply sloping, is considered to be an unsuitable and inappropriate location for the siting of a new dwelling. In order to accommodate the proposed development, a significant volume of material, in excess of 1,000 tonnes, is required to be excavated from the site. This is excessive and would result in a contrived and intrusive development which fails to respect the natural character and condition of the site. For this reason, therefore, the application fails to satisfy the requirements of Policies G2 (i & ii), H8 (ii, iii & vii), WM1 and WM2 of the Jersey Island Plan, 2002.

 

  1. The proposed development fails to provide any on-site car parking, contrary to the Minister for Planning and Environment's parking standards. It is likely that this would increase the pressure on public car parking in the vicinity. For this reason, therefore, the application fails to satisfy the requirements of Policies G2 (vii & viii) and H8 (v) of the Jersey Island Plan, 2002.

 

 

Determined by

Delegated Refused

 

 

Date

20/09/2010

 

 

Zones

Built-Up Area

Green Backdrop Zone

Building Of Local Interest

 

 

Policies

G2 General Development Considerations

G3 Quality of Design

H8 Housing Development within the Built Up Area

BE10 Green Backdrop Zone

WM1 Waste Minimisation and Recycling

WM2 Construction and Demolition Wastes Plan

 

Recommendation

Maintain Refusal

 

Comments on Case

Department’s Comments

The application concerns the sloping garden site of Roche Banque, a property located on Gorey coast road, a short distance to the south of Gorey Harbour. This is a Green Backdrop Zone site. Other buildings in the immediate vicinity are in a range of building styles.

 

The application is for a new dwelling built into the hillside which, in the architect’s words, comprises a series of stepped-back terraces which reflect the contour of the slope. Behind this, however, the majority of the garden area would need to be excavated down to road level representing a significant and intrusive intervention in the landscape.

 

Architecturally, this is an interesting proposal which, one might argue, is an innovative approach to developing a difficult site. A simple palette of materials are to be used which would work well in the context (granite to the ground floor and part of the flank walls to reflect the adjoining sea wall, areas of off-white render, galvanised steel stair and balustrade, dark grey aluminium fenestration).

 

The impact of the finished development upon neighbouring properties would not be unreasonable. The scheme would not unreasonably overlook or overbear on its neighbours.

 

It is not possible to provide parking on the site and therefore none has been provided – this is contrary to the department’s standards for minimum parking standards. The architect has suggested that there is sufficient public parking provided in the vicinity of Gorey Harbour and Village to mean that on-site parking need not be required. It is also suggested a lack of parking would discourage car ownership and encourage use of more sustainable forms of transportation. The department does not accept this line of argument and believes that the lack of parking is a fundamental problem as it will further add to the strain on public parking in the area.

 

As noted, an extensive amount of excavation work is required in order to accommodate the new building. This is considered excessive and intrusive within the landscape.

 

This is a Green Backdrop Zone site wherein existing planting should be retained as much as possible and where the natural landscape remains the dominant element in the scene. This Island Plan objective is not achieved as part of the development. It is stated that the spoil would be taken to La Collette for disposal or partially re-used as hard-core base material.

 

 

Applicant’s RFR letter of appeal

The applicant’s agent has written a substantial letter of appeal which counters the reasons for refusal given.

 

He contests the department’s interpretation of certain policies, in particular the Green Backdrop Zone policy and waste management policies, believing that the requirements of these polices have been satisfied. This letter is attached in full as part of the background papers.

 

More specifically, the agent has asked that the following points in particular are made clear;

  • The tonnage of material to be excavated is less than was previously stated by the department (780 tonnes rather than 1,050 tonnes);
  • The spoil is to be disposed of at the RJA & HS in Trinity, as opposed to La Collette;
  • There is to be significant new planting at the site (46% of the site by area) which will mitigate the loss of any natural vegetation;
  • The Parish of St Martin, which administers parking in the area, considers that additional demand for parking which would be generated by the scheme would not have a significant effect;

 

 

The department stands by its original reasons for refusing the application, although in respect of Reason 2, it is happy to concede that the statement “in excess of 1,000 tonnes” is factually incorrect.

 

The panel will of course wish to consider the applicant’s case carefully.

 

 

Consultation Responses

HET - no objection, as the BLI is at a much higher level

 

Environment (Ecology) - comments regarding possibility of wall lizards on the site

 

TTS (Drainage) - the foul sewer has the capacity for this proposal

 

TTS (Highways) - notes the constraints of parking provision within the vicinity and makes the point that this is not for the use of residents of new developments

 

 

 

Letters of Representation

4 letters of representation received making the following points;

  • Narrow, steep & unsuitable site;
  • Dwelling is too large in an inappropriate location;
  • Increasing suburban development  / overdevelopment of a green coastline – this scheme would set an unwelcome precedent for similar developments;
  • Subsidence has occurred in the area – the building work might adversely affect its neighbours;
  • Very difficult access;
  • Denudation of street character;
  • Loss of privacy of neighbouring properties;
  • No on-site parking is provided – this will increase pressure on public parking and exacerbate the problem;
  • Noise and disturbance during construction process;

 

In summary, the scheme is considered unacceptable for the following reasons:

  • Level / volume of excavation required in order to accommodate the new dwelling – this would be an intrusive development;
  • Green Backdrop Zone – loss of natural landscaping;
  • Car parking – no provision on site leading to additional strain on public

 

 

Recommendation

Maintain Refusal

 

 

Reasons

For the reasons originally stated as outlined above

 

 

Background Papers

1:2500 Site Plan

4 letters of representation + agent’s responses

4 consultee responses

agent’s RFR letter + minutes of Parish meeting

 

 

 

 

 

Endorsed by

 

Date

 


 

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