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Le Petit Jardin, Jardin Du Puits & Jardin Cottage, La Route du Boulay, Trinity.

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A decision made (30/06/2008) regarding: Le Petit Jardin, Jardin Du Puits & Jardin Cottage, La Route du Boulay, Trinity.

Decision Reference:   MD-PE-2008 -0137

Application Number:  P/2007/1252

(If applicable)

Decision Summary Title :

Le Petit Jardin, Jardin Du Puits & Jardin Cottage, La Route du Boulay, Trinity

Date of Decision Summary:

18/06/2008

Decision Summary Author:

Lawrence Davies

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written and Oral

Person Giving

Oral Report:

Lawrence Davies

Written Report

Title :

Le Petit Jardin, Jardin Du Puits & Jardin Cottage, La Route du Boulay, Trinity

Date of Written Report:

05/02/2008

Written Report Author:

Lawrence Davies

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: Le Petit Jardin, Jardin Du Puits & Jardin Cottage, La Route du Boulay, Trinity 

Demolish existing buildings. Construct 5 No. dwellings. AMENDED PLANS: Various external alterations to houses and site layout. AMENDED PLANS: Reduce size of unit 4, various other external alterations.

Decision(s):

The application was originally considered by the Minister at the Public Ministerial meeting held 15/02/2008. Having considered the details of the application at that meeting, and hearing verbal representations from a number of concerned neighbours, the Minister deferred his decision in order to undertake a site visit which he did independently. 

Thereafter, the Minister held a meeting with department officers to discuss the application. The Minister decided at this meeting that he would favourably consider the scheme for 5 dwellings on the site subject to a number of modifications to the scheme as submitted.

  • A reduction in the overall size of Unit 4;
  • A series of alterations to various aspects of the overall design to ensure a higher quality of materials and detailing (eg granite work, dormer design, fenestration and verge details);
  • The widening of the vehicle entrance and provision of a bin store;
  • Securing details of the sum to be allocated to ‘Percentage for Art’ and an indication of the form that the PFA contribution would take;

 

This information was relayed to the architects and revised plans were duly received reflecting the changes requested. Upon receipt of a further letter (dated 20/05/08) providing details of the Percent For Art contribution, the Minister was advised, and the application was formally approved.

Reason(s) for Decision:

The Minister was satisfied with the application and decided to approve the application. A number of conditions were attached to the permission requiring, amongst other things, approval of certain details prior to commencement of the development on site.

Resource Implications:

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):

29 May 2008

Le Petit Jardin, Jardin Du Puits & Jardin Cottage, La Route du Boulay, Trinity.

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

 

 

Planning and Environment Department

Report 

Application Number

P/2007/1252

 

Site Address

Le Petit Jardin, Jardin Du Puits & Jardin Cottage, La Route du Boulay, Trinity.

 

 

Applicant

Purple Heather Ltd

 

 

Description

Demolish existing buildings. Construct 5 No. dwellings. AMENDED PLANS: Various external alterations to houses and site layout.

 

 

Type

Planning

 

 

Date Validated

25/05/2007

 

 

Zones

Built-Up Area

Water Pollution Safeguard Area

 

 

Policies

G2 General Development Considerations

G3 Quality of Design

G15 Replacement Buildings

H8 Housing Development within the Built-Up Area

 

 

Reason for Referral

Level and degree of objection

Size and scale of development proposal

 

Summary/

Conclusion

Le Petit Jardin is a Built-Up Area site which currently contains three dwellings of little architectural merit. In addition to being generally unexceptional in their appearance, these dwellings make fairly inefficient use of the site and the oldest of the three (built around the 1930s or 1940s) is evidently showing some sign of structural defect. In the circumstances, therefore, the principle of the redevelopment of the site into a high quality housing development is considered acceptable subject to the usual planning criteria, namely, that the development will not unreasonably affect the character and amenity of the area and will not have an unreasonable impact on neighbouring uses and the local environment. 

This site is located within a key rural settlement and it is these settlements which are generally considered to be the most appropriate locations for future rural development – to this end they are zoned accordingly. This said, although the Island Plan recognises that there is a demand for housing in these settlements which needs to be satisfied, this “must not be at the risk of diminishing the physical and social character of either the settlements themselves or their local countryside.”  

In respect of new housing development, the Jersey Island Plan aims to secure the most efficient use of land whilst, at the same time, ensuring that sufficient amenity space is provided and a high quality of urban living can be achieved. The aim, therefore, is to strike the right balance between ensuring the best, most efficient use of land and guaranteeing acceptable living standards for new residents, whilst not compromising the amenity of existing residents or the area in general. 

In this instance, the proposal is for a group of buildings whose architecture and character are reminiscent of the island’s traditional buildings and overall the design and composition of the scheme is considered to be highly effective. The new buildings have been scaled and positioned on the site in the manner of a traditional farm group, with their heights being roughly the same (to a greater or lesser extent) than existing buildings in the vicinity. In this respect, the development would therefore sit comfortably in relation to the surrounding context. 

All materials and detailing would be of the highest quality, with traditional materials and local vernacular style having been incorporated; for instance, timber joinery, dressed / random granite work (with lime mortar), a mix of slate and pantiling, leadwork etc… External areas of hardsurfacing are similarly of a high standard i.e. granite cobbles and natural stone paving. In addition, attention has been paid to the provision of a good landscaping scheme which will enable the development to sit well within the site. 

The department has received a high volume of objection to the application, predominantly from nearby residents. Concerns have been expressed that this is an overdevelopment of the site, which would have a negative impact on the character of the area and which would adversely affect the privacy and amenity of neighbouring properties. There are safety fears with regard to the potential increase in traffic as well as concerns over the proposed loss of a number of trees and degree of parking provided. 

However, having considered all of the points raised in these letters, the department considers that the proposed development would not unduly harm or prejudice any neighbouring properties and that the level and form of development proposed is reasonable in the circumstances. 

Finally, as a development for 5 houses, the scheme meets the threshold for a ‘percentage for art’ contribution. The agent has indicated that the applicant is supportive of the idea of making a contribution towards some public realm improvements in the vicinity. It has been suggested that a contribution might take the form of benches, interpretation boards etc… for the public land / car park at the top of nearby Bouley Bay. 

The scheme is recommended for approval.

 

 

Officer

Recommendation

APPROVE

 

Site Description

This is a Built-Up Area site located in a prominent position at the heart of Trinity’s only key settlement, forming the corner of raised land on the junction between La Rue es Picots and La Rue du Boulay. 

The majority of other properties within the immediate vicinity are traditional buildings of some character – including all those along La Rue es Picots and Le Carrefour, an old Jersey farmstead immediately to the west of the site. To the north of the site is the recently completed La Pepiniere development of six houses. 

The site currently comprises three dwellings and two detached garages and is served by two substandard access points onto La Route du Boulay.

 

 

Relevant Planning History

Most recently, in 1987, an application was approved for the formation of a separate self-contained unit with an integral garage (Le Jardin Cottage). Otherwise, there is no significant planning history in relation to this site – just a series of incremental additions to these houses over time (a modest extension, conservatory and double garage for instance). 

Of greater significance, on the adjacent La Pepiniere site to the immediate north, consent was granted in 2005 for the conversion of the existing house into two dwellings and the construction of 4 new detached dwellings in its garden. These houses have been completed and are now inhabited.

 

 

Existing use of Land/Buildings

Residential – (1970s bungalow + c.1930s 2-storey house with more recent extension forming an additional 2-bed unit)

 

 

Proposed use of Land/Buildings

Residential – 5 dwellings

 

 

Consultations

The Parish, in their consultation response dated 15th June 2007, state they believe the application to be an overdevelopment of the site. Also, no consideration has been given to forming a footpath within the site so that residents and children can walk safely and thus avoid traffic at the dangerous corner. 

TTS (Highways), in their consultation response dated 14th June 2007, request a number of changes to the scheme in respect of highways visibility, over and above those already made. These include improving both nearside and offside visibility from the new vehicle exit onto La Route du Boulay, as well as that improving offside visibility from La Route du Boulay onto La Rue es Picots. 

In a further emailed response, dated 10th January 2008, they clarify a number of points. On the question of providing a footpath along the eastern side of La Route du Boulay, TTS state that this would be desirable but only if a large mature oak tree at the junction could be removed. If it’s not removed, then any new footpath would terminate in a position of zero visibility at the junction which would be unacceptable. 

Jersey Airport, in their consultation response dated 24th June 2007, state that they have no safeguarding objection to this proposal. 

The Environment Department, in their consultation response dated 04th June 2007, have no comment to make on this application. 

All consultations are attached with the background papers

 

 

Summary of Representations

The department has received 16 letters of objection to this development proposal. The points raised are as follows; 

  • The development will be harmful to the character of this quiet part of rural Trinity which has already been spoiled by the recent congested & suburban overdevelopment of the adjacent ‘La Pepiniere’ site. This is a disregard for the ‘rural amenities and countryside values’ of the area;
  • The proposal for 5 units will be a significant overdevelopment of the site – effectively a ‘housing estate’. Two of the units have their gable ends hard onto the road – evidence of this being an overdevelopment;
  • This area, an important area of beauty for locals and tourists alike, should be protected from greedy developers;
  • The increase in traffic will be dangerous, especially for pedestrians, on what is already a hazardous stretch of road, particularly as there is no pavement in place. The gables directly onto the road will obscure pedestrian visibility;
  • The junction between La Route du Boulay and La Rue es Picots is dangerous – this scheme will increase its usage;
  • The scheme would involve the loss of a number of important mature trees at the northern end of the site;
  • Proposed unit no. 4 will be harmful to the privacy of no. 6 ‘La Pepiniere’ to the north – the proposed planted buffer strip will not achieve the desired privacy. This unit will also not blend in with any of the existing buildings around it;
  • Proposed unit no. 5 is on a site previously rejected for development. It will block light into no. 6 ‘La Pepiniere’ and also affect privacy. Its design has nothing in common with the adjoining ‘La Pepiniere’ development;
  • For the new residents at ‘La Pepiniere’, at no time was it disclosed that the ‘Le Petit Jardin’ site was being considered for redevelopment (the same developer being responsible for both projects);
  • The proposed density of this development would be more fitting for the town centre;
  • The existing houses are in a good condition (‘perfectly habitable’) and represent the 1930s era in which they were built – they should not be demolished;
  • The ‘La Pepiniere’ scheme was a development of 6 houses on a plot almost twice the size. This scheme is too dense;
  • The scheme does not provide sufficient parking facilities;
  • The actual construction of these proposed units would lead to problems with the volume of construction traffic;
  • The original proposal for the ‘La Pepiniere’ site was scaled down following concerns – the ‘Le Petit Jardin’ scheme will be oversized / overscaled by comparison and will be taller than any other buildings in the vicinity. This development should be 1½ storey to blend in;
  • Dormer windows are not appropriate;
  • A number of ‘social’ problems have already been caused by the ‘La Pepiniere’ development;
  • 5 new units will generate too much noise and disturbance in the area (in addition to that already created by ‘La Pepiniere’) – this should be restricted to a redevelopment of 3 houses (the number which exist there currently);
  • The occupant of one of the houses to be demolished has objected on the grounds that his family will lose their home;
  • The trees along La Rue es Picots must be retained as part of any future development;
  • It is disappointing that a number of trees to the northern end of the site are to be lost;

 
 

The applicants’ agent responded to concerns raised stating the following;

  • It is not surprising that a redevelopment of this scale prompts concern among local residents – however, the new scheme will be of a very high quality and will enhance this rural area;
  • There is a certain irony in that many of the objections have come from neighbours living in the recently-completed residential development on the neighbouring ‘La Pepiniere’ site. The ‘La Pepiniere’ development itself faced similar opposition at the time and if such objections were to be successful then no new homes would ever be constructed on such rural Built-Up area sites;
  • Overall the proposal will replace an existing development of 3 unexceptional properties with 5 new dwellings (an increase of only 2) in a Key Rural Settlement. These will be constructed to a higher specification in terms of design, materials and liveability, and the development would give rise to a significant improvement in the visual appearance of the site;
  • Increasing the number of dwellings from 3 to 5 clearly intensifies the use of the site – however, the development is well designed and not considered to be harmful to the amenities of neighbouring properties – moreover it has a density comparable to other Built-Up area developments in rural locations;
  • The loss of the existing buildings must be weighed against the other factors in connection with this application (making better use of the site, the improved energy efficiency of the new buildings etc…)
  • Whilst 3 mature trees within the site are to be lost, the overall situation will improve through the planting of additional trees as part of the landscaping scheme;
  • Of the surrounding properties, only no. 6 ‘La Pepiniere’ is considered to be materially affected by the proposed development, and in that respect Units 4 and 5 have been purposefully sited to mitigate any impact to an acceptable degree;
  • Other existing houses are not considered to be affected to any greater extent than at present;
  • The relationship between proposed units 4 and 5 and no. 6 ‘La Pepiniere’ is considered to be entirely satisfactorily in respect of overlooking and loss of light considerations;
  • Concerns over the height of the units are unreasonable – all of the houses are either marginally larger or smaller than existing other buildings in the vicinity;
  • The roadside gables are an entirely deliberate feature of the development – designed to evoke traditional vernacular architecture and reflective of other buildings in the area;
  • The claim that this housing is not meet an ‘essential need’ is simply not true – there is clearly a demand for such Category B housing.

 

All letters of representation and responses are attached with the background papers

 

 

Planning Issues

Policy Considerations

The site is located within the Built-Up Area; as such there is no presumption against its redevelopment in principle. Policy G2 sets out key principles which every application must observe, including that developments will not unreasonably affect the character and amenity of the area, will not have an unreasonable impact on neighbouring uses and the local environment and provides a satisfactory means of access and adequate space for parking. 

Policy H8 reiterates these points and also states that proposals for new dwellings will normally be permitted within the boundary of the Built-Up Area provided that the proposal is appropriate in scale, form, massing, density and design to the site and its context and is in accordance with the required standards for housing as set by the Minister. 

Policy G3 calls for a high standard of design with all applications and requires the scale, form, massing, orientation, siting and density of development along with the relationship to existing buildings and the details, colours, materials and finishes of the proposal settlement form and character, topography, landscape features to be taken into consideration. 

Policy G15 allows for that the replacement of buildings where the proposed development would enhance the appearance of the site and its surroundings; replace a building that it is not appropriate to repair or refurbish, not have an unreasonable impact on neighbouring uses and involve the loss of a building that is unsympathetic to the character and amenity of the area. The agent has submitted an assessment of the existing three properties on the site concluding that “for a combination of reasons…the buildings in question are not appropriate to repair or refurbish (the oldest of the three showing signs of structural defects and internal damp). Despite the generous overall site area, the utilisation of the site is poor and each of the three dwellings is compromised in some way by the proximity and placing of the other two.” 

The existing buildings on site are evidently in a reasonable state of repair and could be retained and repaired. However, they are of no especial architectural merit and, it could be argued, do not make the most efficient use of the site. In the circumstances, therefore, the principle of the redevelopment of the site into a high quality housing development is considered acceptable, subject to the scheme meeting the above policy criteria. 

Land Use Implications

This is a Built-Up Area site located in the key rural settlement centred around Trinity Church – the island’s key rural settlements are generally considered to be the most appropriate locations for future development. 

In respect of new housing development, the Jersey Island Plan aims to secure the most efficient use of land whilst ensuring that sufficient amenity space is provided and a high quality of urban living can be achieved. 

The Plan recognises that new development will occur in existing rural settlements, and, at paragraph 6.25, it states that “there is a demand for housing in these settlements that needs to be satisfied but not at the risk of diminishing the physical and social character of either the settlements themselves or their local countryside.” Indeed, one of the overarching objectives of the Plan is to protect and enhance the local character of both urban and rural communities. 

The agent contends that the scheme represents a highly sustainable form of development through making more effective use of the site than at present and through the replacement of existing poorly-performing buildings (in terms of their thermal values). 

Size, Scale & Siting

The Minister has published planning advice on residential density standards (‘Planning Policy Note No. 5’) whose stated aim is to strike the right balance between ensuring the efficient use of land and acceptable living standards. 

The standards are not inflexible, but rather they offer guidance and aim to ensure that developments do not exceed a maximum, beyond which sites might be considered congested or overdeveloped. On the other hand, there is recognition of the need to achieve high densities in order to use land efficiently – to this end the policy note recognises that “in a small island where land is at a premium it is particularly important that no more land should be used for residential purposes than is absolutely necessary…every effort needs to be made to secure compact development, closely integrated with existing development and making full use of available land.” 

The recommended density standard for rural settlement areas is generally between 65 – 75 habitable rooms per acre (or 13 – 15 three-bedroom houses). Measured in this manner, a figure of 79 rooms per acre can be calculated (or 66 rooms per acre if half the width of the surrounding road is included within the site area as is sometimes undertaken). These figures suggest that the proposed development is roughly in line with the recommended density, although is perhaps marginally higher. 

However, density figures are a crude tool for judging development proposals and are there to offer guidance only. In this instance, the form of the proposed development is considered to be broadly compatible & comparable with the overall character of the area i.e. that of compact village centre development. 

Each of the five units has a useable area of amenity space (ranging from 74m2 to 138m2). 

The houses are scaled and positioned on the site in the manner of a traditional farm group, with roadside gables purposefully introduced into the scheme. The heights of the proposed buildings are roughly the same (to a greater or lesser extent) than existing buildings in the vicinity. In this respect, the development would therefore sit comfortably in relation to the surrounding context. 

Design & Use of Materials

The proposal is for a group of buildings whose architecture and character are reminiscent of the island’s traditional buildings and overall the design and composition of the scheme is considered to be good. Unit 2 would appear as the main 5 bay farmhouse, with unit 3 as a dower wing – unit 1 would be connected as a typical barn. To the rear of the site, unit 4 has been designed to evoke a detached barn and unit 5 a cottage. 

All materials and detailing would be of the highest quality. Traditional materials and local vernacular style have been incorporated; for instance, timber joinery, dressed / random granite work (with lime mortar), a mix of slate and pantiling, leadwork etc… External areas of hardsurfacing are similarly of a high standard i.e. granite cobbles and natural stone paving. 

Impact on Neighbours

Notwithstanding the number of objections received from neighbours, on balance it is not considered that the proposed development would unduly harm or prejudice any neighbouring properties. As noted, the heights of the proposed buildings are marginally greater or less than existing adjacent buildings meaning that the development will not be too imposing or overbear on its neighbours. 

The majority of the new windows within the development look out across the site itself – there are none which would lead to an unacceptable loss of privacy of neighbouring properties. Following a slight revision in its design, the first floor windows to unit 4 are now rooflights in place of normal windows – these would be able to be positioned with a high cill height to avoid views to the north towards no. 6 ‘La Pepiniere’. 

The closest property to the application site is ‘Anchor Lodge’ to the immediate east. The effect of the proposed development on this property is roughly comparable in terms of the siting and footprint of the existing units. However, the overall height, and therefore mass, of the new units would certainly be greater than at present. 

More generally, the scheme represents an increase of two units of accommodation within the area – this greater intensity of use of the site is not in itself considered to be harmful to existing properties within the area. 

Access, Car parking and Highway Considerations

The scheme provides the required minimum number of parking spaces, in a number of areas on the site, as set down in the Minister’s parking standards (3 spaces each for the 3 and 4 bedroom units, 4 spaces for the 5 bedroom unit, plus 2 visitor spaces for the development as a whole – 18 in total). This layout does not require any tandem parking. 

With regard to site access, the scheme proposes to extinguish two existing substandard accesses onto La Route du Boulay and replace them with a single access point with greatly improved visibility. TTS Highways have indicated that the new arrangement is broadly acceptable. 

The suggestion has been made that a footpath might be incorporated into the development to improve pedestrian safety. TTS are of the view that this would be desirable but only if a large mature oak tree at the junction could be removed. If it’s not removed, then any new footpath would terminate in a position of zero visibility at the junction which would be unacceptable. The oak tree is considered to be of significant landscape value. 

Foul Sewage Disposal

To mains drains 

Landscaping issues

Landscaping is to be a key component of this development in order to help it assimilate into the area and avoid undue prejudice with regard to neighbouring properties. 

Although the development will involve the loss of a small number of mature trees, by way of compensation, an additional 28 heavy standard trees and a series of boundary hedges are to be planted, including as part of a series of ‘buffer zones’. The agent contends that “within a relatively short period of time, the site will contribute significantly in terms of the number and variety of native trees.”  

A series of mature trees along the site boundary with Rue es Picots, and which contribute significantly to the landscape character of the area, are to be retained. 

Other Material Considerations

As a development for 5 houses, the scheme meets the threshold for a ‘percentage for art’ contribution. The agent has indicated that the applicant is supportive of the idea of making a contribution towards some public realm improvements in the vicinity. It has been suggested that a contribution might take the form of benches, interpretation boards etc… for the public land / car park at the top of nearby Bouley Bay.

 

 

Officer

Recommendation

APPROVE

 

 

Conditions/

Reasons

Permitted Development Rights Restricted. 

Prior to commencement, large scale details required in respect of certain key elements of the scheme – in order to ensure quality of design and execution. 

Landscaping scheme to be undertaken within the first available planting season following completion of the development. Suitable measures to be undertaken to ensure the preservation of important existing trees to be retained. 

Replacement planting scheme within 5 years should any of the planting fail. 

North-facing rooflights to unit 4 to be positioned with a cill height of 1.7m. 

Parking spaces to be retained in perpetuity for the use of all future occupants of the units as indicated. 

No trees to be felled, hedgerows removed or dense scrub vegetation cleared within the period 1st March to 31st July. 

Percentage for art contribution to be made towards nearby public realm improvements.

 

 

Background Papers

1:2500 Location Plan

Aerial photograph of the site

Agent’s planning statement

16 letters of representation

Agent’s and Architect’s correspondence

5 consultation responses

 
 
 

Endorsed by:

 

Date:

 

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