Coast Road Stores, La Greve d'Azette, St Clement: Planning Application (PP/2018/0112) :Appeal Decision

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A decision made on 7 September 2018

Decision Reference: MD- PE- 2018 – 0062
Decision Summary Title:	Appeal Decision – Coast Road Stores La Greve d’Azette, St Clement. (PP/2018/0112)		Date of Decision Summary:	14 August 2018
Decision Summary Author:	Principal Planner (Strategy & Innovation)		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 - Coast Road Stores		Date of Written Report:	Undated
Written Report Author:	Philip Staddon BSc, Dip, MBA, MRTPI Planning Inspector		Written Report : Public or Exempt?	Public
Subject: Appeal under Article 108 of the Planning and Building (Jersey) Law 2002 against a refusal to grant outline planning permission at Coast Road Stores, 1-4 Pres de la Mer, 1&2 Sur la Cote, Ceol-Na-Mara, 1-3 Prospect Place and 1&2 Mon Caprice, La Greve d’Azette, St Clement. (PP/2018/0112)
Decision: The Minister allowed the appeal and hereby grants outline planning permission to develop land under Article 116 of the Planning and Building (Jersey) Law 2002 in respect of the following development; “OUTLINE APPLICATION: Demolish existing dwellings. Construct 1 No. one bed apartments, 4 No. two bed apartments, 5 No. three bed apartments, 2 No. four bed dwellings and 1 No. three bed dwelling. Alteration to vehicular access onto La Greve d'Azette. Fixed Matters: Scale & Mass, Siting and Means of Access. Reserve Matters: External Appearance & Materials and landscaping”. This permission is granted subject to the applicant entering, within three months of the date of this decision, 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; a. £17,750 pre-commencement contribution towards the Eastern Cycle Route; and b. All maintenance and upkeep, including of the land upon which it sits, of the bus shelter to the front of the application site; and c. The ceding of the proposed widened footway to the front of the site to the Department of Growth, Housing and Environment; and d. The provision of street lights to the front of the site. In the event that a suitable planning obligation is not agreed within three months of this decision, the department may refer the application back to the Planning Committee for further consideration. AND, subject to compliance with the approved plans and the following conditions: 1. The development shall commence within three years of the date of this decision or within 2 years of the approval of the final reserved matters to be approved, whichever is the later. 2. The details to be submitted as reserved matters shall demonstrate clearly how the external appearance, materials and landscaping of the proposed development will interpret, respect and strengthen the distinctive local character of the area. 3. Prior to commencement of the development hereby approved, a Demolition/Construction Environmental Management Plan shall be submitted to and approved by the Department of Growth, Housing and Environment. The Demolition/Construction Environmental Management Plan shall be thereafter implemented in full until the completion of the development and any variations agreed in writing by the Department prior to such work commencing. The Plan shall secure an implementation programme of mitigation measures to minimise the adverse effects of the proposal on the environment, and shall include but not be limited to: A. A demonstration of compliance with best practice in controlling, monitoring, recording and reporting on any emissions to the environment (such as noise and vibration, air, land and water pollution); B. Details of a publicised complaints procedure, including office hours and out of hours contact numbers; C. Details of any proposed crushing/ sorting of waste material on site; D. Specified hours of working. 4. Prior to commencement of the development hereby approved, an Ecological Assessment of the site must be submitted to, and approved in writing by, the Department of Growth, Housing and Environment. The Ecological Assessment shall be undertaken by a suitably qualified person and to a methodology to be first agreed in writing by the Department of Growth, Housing and Environment. All mitigation measures shall be carried out in full and in accordance with the recommendations of the Ecological Assessment. 5. No part of the development hereby approved shall be brought into first use/occupied until the electric car charging ducting has been wholly constructed. The ducting for the electric car charging points shall thereafter be retained and maintained as such. 6. No part of the development hereby approved shall be occupied until the proposed window to the bathroom at first floor level in the north-west elevation of Apartment 9 is fitted with obscure glass. Once implemented, the obscure glazing shall be maintained as such thereafter. 7. The flat roof area at first floor level to the rear of Apartment 9 of the development hereby approved shall not be used as a balcony, roof garden or similar amenity area. 8. No part of the development hereby approved shall be occupied until the balconies to the south elevation of Apartments 4 and 6 at first floor and second floor level are fitted with an obscure privacy screen along the length of the eastern side, to a design, siting and height to be agreed in writing by the Department of Growth, Housing and Environment. Once constructed, the screen shall be maintained as such thereafter. 9. Prior to the commencement of development, details of the siting and design of a store room for the corner dwelling to the south-east of the application site shall be submitted to and approval by the Department of Growth, Housing and Environment. The store room shall thereafter be retained solely for the use of the corner dwelling. 10. No part of the development hereby approved shall be occupied until the vehicular manoeuvring area and respective car parking spaces have been laid out, surfaced and drained as indicated on the approved plans. The car parking spaces shall thereafter be retained solely for the use of occupants of the development and shall not be sub-let for any other purpose. 11. Prior to the development being brought into first use, visibility splays shall be laid out and constructed in accordance with the approved plans. The visibility splays shall then be maintained thereafter and no visual obstruction of any kind over the height of 600mm shall be erected within them. 12. No part of the development hereby approved shall be occupied until the cycle parking facilities as indicated on the approved plan have been wholly constructed in accordance with the approved plans. The facilities shall thereafter be retained solely for the use of occupants of the development and maintained as such. Reasons: 1. The development to which this permission relates will need to be reconsidered in light of any material change in circumstance. 2. To ensure the development respects, conserves and contributes positively to the diversity and distinctiveness of the built context in accordance with Policy GD7 of the Adopted Island Plan 2011 (Revised 2014). 3. To ensure the development does not have an adverse impact on public health or the wider environment, in accordance with Policies GD 1, GD 6 and WM 1 of the Adopted Island Plan 2011 (Revised 2014). 4. 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). 5. In the interests of promoting sustainable patterns of development, in accordance with Policies TT 9 and SP 6 of the Adopted Island Plan 2011 (Revised 2014). 6. To safeguard the amenities and privacy of the occupants of the adjoining properties in accordance with Policy GD 1 of the Adopted Island Plan 2011 (Revised 2014). 7. To safeguard the amenities and privacy of the occupants of the adjoining properties in accordance with Policy GD 1 of the Adopted Island Plan 2011 (Revised 2014). 8. To safeguard the amenities and privacy of the occupants of the adjoining properties in accordance with Policy GD 1 of the Adopted Island Plan 2011 (Revised 2014). 9. In the interests of providing suitable storage for residents of the development, in accordance with Policies GD 1 of the Adopted Island Plan 2011 (Revised 2014). 10. To ensure that the development provides adequate provision for off-street parking and manoeuvring for users of the site, in the interests of highway safety and the general amenities of the area, in accordance with Policy GD 1 of the Adopted Island Plan 2011 (Revised 2014). 11. In the interests of highway safety, in accordance with Policy GD 1 of the Adopted Island Plan 2011 (Revised 2014). 12. In the interests of promoting sustainable patterns of development, in accordance with Policies TT 9 and SP 6 of the Adopted Island Plan 2011 (Revised 2014).
Reason for Decision: The Minister agrees with the recommendation of the Inspector as detailed within his report, but also considered that a condition should be attached to the outline planning permission, requiring any reserved matters of external appearance, materials and landscaping to show respect for the local context. The Minister, therefore, added Condition No 2.
Resource Implications:- None
Action required: Request the Judicial Greffe to inform interested parties of the decision.
Signature: Deputy J Young		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):