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A decision made (01/09/2006) regarding Amendment of Planning Obligation Agreement attached to planning permission for Category 'A' homes at Field 1218, Mont a l'Abbe, St. Helier.

Subject:	Amendment of Planning Obligation Agreement attached to planning permission for Category ‘A’ homes at Field 1218, Mont a l’Abbe, St. Helier
Decision Reference:	MD-PE-2006-0113	Exempt clause(s):		Appendix 2 – 3.2.1(b) Appendix 3 – 3.2.1(a)(iii)
Type of Report (oral or written):	Written and Oral	Person Giving Report (if oral):		Director of Planning and Building Services
Telephone or e-mail meeting	/	Report File ref:		P/2003/2411
Written Report Title:	Field 1218, Mont a l’Abbe, St. Helier	Written report – Author:		Principal Planner
Decision(s): The Minister agreed to modify the Planning Obligation Agreement to require the strip of land to the west of the site bordering St. Anne’s Terrace to be transferred to the residents of 1-9 St. Anne’s Terrace, rather than to the road owner, Mr. Bullock.
Reason(s) for decision: To meet the objectives of the residents of 1-9 St. Anne’s Terrace, given that there are no insurmountable planning or legal issues arising.
Action required: 1. Crown Officers to be instructed to: (i) draw up, for the approval of the Minister and Marett Homes Ltd., a modification to the Planning Obligation Agreement, to require the land in question to be transferred to the residents of 1-9 St. Anne’s Terrace, rather than to Mr. Bullock; (ii) arrange for the new Agreement to be put before the Royal Court and registered in the ‘Public Registry of Contracts’, as soon as practicable after the modification has been agreed by the developer and the Minister. 2. Marett Homes Ltd., Deputy Huet, the residents of 1-9 St. Anne’s Terrace and Mr. Bullock to be advised accordingly. 3. A copy of the modified agreement to be placed on the Minister’s ‘Register of Planning Obligations’.
Signature: (Minister/ Assistant Minister)			Date of Decision: 1 September 2006

Field 1218, St. Helier - Amendment of Planning Obligation.

		Item No:
		Date:

PLANNING AND ENVIRONMENT

Field 1218, Mont a l’Abbe, St. Helier

Purpose of the Report

To consider a request for reconsideration from residents of 1-9 St. Anne’s Terrace regarding a Planning Obligation Agreement (the ‘Agreement’) associated with the development of the above site for Category ‘A’ homes.

Background

The Agreement was registered in the Royal Court on 14th January 2005 and, among other things, puts the developer (Marett Homes Ltd) under an obligation to transfer a strip of land to the west of the site, immediately bordering St. Anne’s Terrace road to the road owner, Mr. Bullock (see Plan – Appendix 1).

The residents of 1-9, St. Anne’s Terrace, who live directly opposite this land in question, are anxious that it be ceded to them (collectively or individually), rather than to Mr. Bullock. They are supported by Deputy Huet and their reasons are set out in a petition letter to the Deputy, dated 28th June 2006 (see Appendix 2).

Virtually from the outset of the planning process, it was agreed with the residents that the land in question would be ceded to either the residents or the road owner. The road owner asked that it be ceded to him in a letter dated 29th December 2003. This did not appear unreasonable at the time, given that the land effectively formed a verge to the existing road and was divorced from the gardens of nearby residential properties. This was subsequently agreed by the Committee of the day and the Crown Officers were instructed to draw up the Agreement accordingly.

Having reviewed the situation, in the light of the residents’ concerns, the Minister for Planning and Environment has previously agreed that attempts should be made to achieve the residents’ objectives. He was informed at the time that the residents would be willing to meet any costs (within reason) and that the developer would be willing to offload the land to them. The Department was subsequently requested to approach the Crown Officers for advice on the options available and the best way forward.

Discussion

The Solicitor General’s advice is set out in a letter dated 31st July 2006 (see Appendix 3). The main pertinent points are summarised as follows:

 Only the Minister has power to enforce an obligation contained in a Planning Obligation Agreement;

 Only the developer is bound by the obligation in question;

 While the Agreement is in its present form, the developer cannot transfer the land to the residents without being in breach of the obligation;

 Mr Bullock has no rights under the Agreement, to which he was not party;

 If the Minister wishes to enable the developer to transfer the land to the residents, the only way forward is for the Minister and the developer to amend the Agreement (i.e. under para. 12 of Article 25 of the 2002 Planning Law).

Regarding the developer’s position, on 7th August 2006John Williamson of Marett Homes Ltd. confirmed that it does not matter to them whether the land is passed over to Mr. Bullock or to the residents.

Conclusions

There appears to be no planning or legal reason why the residents’ objectives cannot be achieved, through an amendment to the Agreement, in line with the Minister’s previously expressed wishes.

Recommendations

It is recommended that the Minister agrees to modify the Planning Obligation Agreement to require the strip of land to the west of the site bordering St. Anne’s Terrace to be transferred to the residents of 1-9 St. Anne’s Terrace, rather than to the road owner, Mr. Bullock.

Reason(s) for Decision

To meet the objectives of the residents of 1-9 St. Anne’s Terrace, given that there are no insurmountable planning or legal issues arising.

Action Required

1. Crown Officers to be instructed to:

(i) draw up, for the approval of the Minister and Marett Homes Ltd., a modification to the Planning Obligation Agreement, to require the land in question to be transferred to the residents of 1-9 St. Anne’s Terrace, rather than to Mr. Bullock;

(ii) arrange for the new Agreement to be put before the Royal Court and registered in the ‘Public Registry of Contracts’, as soon as practicable after the modification has been agreed by the developer and the Minister.

1. Marett Homes Ltd., Deputy Huet, the residents of 1-9 St. Anne’s Terrace and Mr. Bullock to be advised accordingly.

2. A copy of the modified agreement to be placed on the Minister’s ‘Register of Planning Obligations’.

Written by:	Roger Corfield, Principal Planner

Approved by:	Kevin Pilley, Assistant Director

Endorsed by:	Peter Thorne, Director

Attachments: Appendix 1: Site Plan

Appendix 2: Petition Letter to Deputy Huet (28/6/06)

Appendix 3: Letter from SG (31/07/06)

File ref: P/2003/2411

Date: 10th August 2006