Les Ormes Golf and Leisure Village, Le Mont a la Brune, St. Brelade: Appeal Decision P/2019/0688

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A decision made on 5 February 2021

Decision Reference: MD-PE-2020-0099

Application Reference: P/2019/0688

Decision Summary Title:

Appeal Decision – Les Ormes Golf & Leisure Village, Le Mont a la Brune, St Brelade

Date of Decision Summary:

01 December 2020

Decision Summary Author:

Principal Policy Planner – Strategic Policy, Planning and Performance

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title :

Inspector’s Report- Les Ormes

Date of Written Report:

16 November 2020

Written Report Author:

Sue Bell MSc., BSc, FCIEEM, CEcol, CWEM

- Planning Inspector

Written Report :

Public or Exempt?

Public

Subject: Appeal under Article 108 of the Planning and Building (Jersey) Law 2002 against a decision to refuse planning permission, P/2019/0688, for “Demolish tennis hall. Construct 44 No. one bed, 2 No. two bed, 13 No. four bed and 1 No. six bed self-catering accommodation units with reception and ancillary structures and landscape alterations. Construct extension to House-Keeping to North-East of site” at Les Ormes Golf & Leisure Village, Le Mont a la Brune, St Brelade

Decision:

The Assistant Minister allowed the appeal and granted planning permission subject to the

applicant entering into a suitable planning obligation agreement, pursuant to Article 25 of the Planning and Building (Jersey) Law, 2002 (as amended), in order to guarantee the provision of the following;

i. Ensuring that the new accommodation shall be occupied for short-term holiday purposes only, and shall not be occupied as a person’s sole or main place of residence;

ii. The enhancement of the existing public path which runs southwards from the main east entrance of Les Ormes. The existing path shall be prepared and overlaid with compacted hoggin in order to create a continuous 1.8m wide path extending from a point approximately 30m south of the Les Ormes public entrance junction with La Rue Carrée, and continuing to the south for approximately 380m as far as the gated path junction with the existing pedestrian / cycle track to the perimeter of the Belle Vue estate. The works are to include the removal of overhanging vegetation that would otherwise impinge upon the use of the track by pedestrians or cyclists. The work shall be undertaken to the satisfaction of the Infrastructure, Housing and Environment Department (Transport Section), and should be completed prior to the first occupation of the development.

iii. Upon dismantling, the steel portal frame of the existing building shall be offered to the public of the island, free of charge, for re-use elsewhere as an appropriate sporting or community facility.

The Assistant Minister also imposed the following conditions on the grant of planning permission:

A. The development shall commence within three years of the decision date.

Reason: The development to which this permission relates will need to be reconsidered in light of any material change in circumstance.

B. The development hereby approved shall be carried out entirely in accordance with the plans, drawings, written details and documents which form part of this permission.

Reason: To ensure that the development is carried out and completed in accordance with the details approved.

Conditions:

1. Notwithstanding the content of the approved Travel Plan, this document shall be amended and updated, to the satisfaction of the Infrastructure, Housing and Environment Department, in line with the comments published in its consultation response dated 17/07/19. This shall be undertaken, and the details submitted and approved, prior to the first occupation of any part of the new development.

REASON: To accord with Policy TT 9 (Travel Plans) of the adopted Island Plan 2011 (revised 2014).

2. The new cycle track through the site, as shown in Plan 176 B, shall be completed in full and made operational in accordance with a schedule of phased works to be approved prior to the commencement of the development. Thereafter, this cycle track must be made available for the use of the general public at all reasonable times during daylight hours.

REASON: To ensure that the benefits of the approved scheme are carried out and completed, in the interests of the general amenity of the wider public, in accordance with Policy GD 1 of the adopted Island Plan 2011 (revised 2014).

3. The works to improve and enhance the main eastern site entrance, as shown in Plan 176 B, shall be undertaken and completed prior to the first occupation of any part of the new development.

REASON: In the interests of highway and pedestrian safety, in accordance with Policy GD 1 of the adopted Island Plan 2011 (revised 2014).

4. All planting and other operations comprised in the landscaping scheme hereby approved shall be completed in accordance with a schedule of phased works to be approved prior to the commen cement of the development.

REASON: To ensure the benefits of the landscape scheme are not delayed, in the interests of the amenities of the area and to ensure a high quality of design in accordance with Policies SP 7 and GD 7 of the adopted Island Plan 2011 (revised 2014).

5. Notwithstanding the recommendations and mitigation measures set out within the approved Initial Ecological Assessment & Preliminary Roost Inspection, prior to the commencement of development, further details in respect of the following shall be submitted to, and agreed in writing by, the Development Control section of the Infrastructure, Housing and Environment Department;

a) details of bird and bat boxes to be incorporated into the scheme;

b) details of any external lighting to be installed

REASON: To ensure the protection of all protected species in accordance with Policies NE 1, NE 2 and NE 4 of the adopted Island Plan 2011 (revised 2014).

6. The first two metres of all new accesses onto the highway must be hard-bound and no water run-off shall be permitted to discharge onto the highway. An adequate edge restraint within the site, adjacent to the rear of the footway, shall also be provided to the satisfaction of the Infrastructure, Housing and Environment Department.

REASON: In the interests of highway and pedestrian safety, in accordance with Policy GD 1 of the adopted Island Plan 2011 (revised 2014).

Reason for Decision:

The Assistant Minister agreed with the recommendations of the Inspector.

Resource Implications:

None.

Action required:

Request the Judicial Greffe to inform interested parties of the decision.

Signature:

Deputy Gregory Guida

Position:

Assistant Minister for the Environment

Date Signed:

Date of Decision (If different from Date Signed):