Policy SP1 – Spatial Strategy – sets out that development will be concentrated in the Island’s Built-Up Area, as defined on the Proposals Map. This application site is within the Built-Up Area. Policy SP2 – Efficient Use of Resources – sets out that development should make the most efficient and effective use of land, energy, water resources and buildings to help deliver a more sustainable form and patters of sustainable development. In particular the proposed spatial distribution of new development should be designed to limit carbon emissions. This proposal is considered to be an appropriate location for new residential development. Policy SP 4 – Protecting the natural and historic environment – A high priority will be given to the protection of the island’s natural and historic environment. This issue is discussed in more detail in the later sections of this Report. Policy SP6 – Reducing Dependence on the Car – applications for residential development must be able to demonstrate that they will reduce dependence on the private car by providing for more environmentally friendly modes of transport. The site is located within the Built-up Area within the centre of Gorey Village with shops and other facilities. The village is also well served by a good bus route to and from St. Helier. Policy SP7 – Better by Design – this confirms that all development must be of a high quality design that maintains and enhances the character and appearance of the area in which it is located. This issue is discussed in more detail in the later sections of this Report. Policy GD1 - General Development Considerations - states that development proposals will not be permitted unless the proposal contributes towards a more sustainable form and pattern of development, does not seriously harm the natural and historic environment, does not seriously harm the amenities of neighbouring uses, contributes or does not detract from the Island’s economy, contributes to reducing the dependence on the car, and is of a high quality of design. These considerations will be reviewed in the later sections of this Report. Policy GD2 – Demolition and Replacement of Buildings – this policy confirms that demolition of a building will only be permitted where it is not appropriate in sustainability terms to repair of refurbish it, and where adequate provision is made for waste management and minimisation. There is a current extant permission on the site for residential development. In any event, the scheme involves the demolition and replacement of existing buildings. These buildings make little contribution to the character of the area and given the difficulties that would arise from conversion and re-use, their demolition and replacement is supported. Policy GD 4 – Planning obligations – Where as a direct consequence of a proposed development, additional infrastructure or amenities are required, the provision of these facilities will be negotiated with the developer through the use of planning obligations, where it is necessary and appropriate to do so. The development will be subject to a revised Planning Obligation. Policy GD7 - Design Quality - requires that a high quality of design that respects, conserves and contributes positively to the diversity and distinctiveness of the landscape and built context will be sought in all developments. The issues relevant to this assessment are considered in the later sections of this Report. Policy GD8 - Percentage for Art - states that the Minister will encourage the contribution of a percentage of design and development costs to the provision of public art. A Percent for Art statement accompanies the application, setting out how the Percentage for Art objectives can be met. E 1 – Protection of Employment Land – There will be a general presumption against development which results in the loss of land for employment use as supported by the Strategic Policy SP 5 – Economic growth and diversification, unless: 1. It is demonstrated that the site is inappropriate for any employment use to continue, having regard to market demand. Applications will need to be accompanied by documentary evidence that the size, configuration, access arrangements or other characteristics of the site make it unsuitable and financially unviable for any employment use and confirmation by full and proper marketing of the site on terms that reflect the lawful use and condition of the premises. 2. The existing development is predominantly office or tourist accommodation, or 3. The overall benefit to the community of the proposal outweighs any adverse effect on employment opportunities and the range of available employment land and premises, or 4. The existing use is generating environmental problems such as noise, pollution, or unacceptable levels of traffic and any alternative employment use would continue to generate similar environmental problems. There is a current extant permission on the site for residential development. BE 3 – Green Backdrop Zone – Within this zone, development will only be permitted where the landscape remains the dominant element in the scene and where the proposed development is not visually prominent or obtrusive in the landscape setting; it retains existing trees and landscape features and it presents satisfactory proposals for new planting which serve to maintain and strengthen the landscape setting and character of the area. In this respect, the site is relatively flat and does not contribute significantly to the backdrop of the village. There are a number of mature trees on site, although only a few make a significant contribution to the visual character of the area. Additional planting is proposed as part of the scheme. SCO 4 – Protection of open space – Existing open space will be protected and its loss will not be permitted except in exceptional circumstances. The site is located adjacent to an area of open space. This area of land is located outside the application site boundary and is to be retained as general amenity space for the area. Policy H 3 – Affordable housing – Permission will not be granted for any residential development to which this policy applies, whether or not this forms part of a mixed use scheme, unless and until the Minister for Planning and Environment is satisfied that the development has maximised the opportunity for the provision of affordable housing in accord with the parameters of this policy. There is an extant permission on this site for residential development, with no affordable housing requirement. The Adopted Plan confirms that the Minister for Planning and Environment will carry out consultation, adopt and publish supplementary planning guidance on the operation of the policy, to provide detail on the calculation of on-site and commuted sum values for any given housing development, together with practical information on the application of the policy, the use of planning obligation agreements and policy procedure. To date, the supplementary planning guidance has not been issued and as a consequence, the Minister for Planning and Environment is not able to seek any affordable housing provision on the site. H 4 – Housing Mix – Proposals for all new residential development are required to contribute towards the need for specific types and sizes of home, relative to the latest published evidence of need, as set out in supplementary planning guidance. The extent to which a planning application meets the published guidance with respect to housing mix will be an important material consideration in the grant or otherwise of planning permission. In assessing the contribution of residential development proposals to meeting the island’s need for homes of a specific size and type, the Minister will have regard to the nature and location of the site, its context and the character of the area. The provision of housing to meet special requirements and staff accommodation shall be exempt from the requirements of this policy. The development seeks the provision of 3 and 4 family bedroom houses. The most recent Residential Land Availability studies released in October 2011 suggests that from known housing commitments at the start of 2011 (both Category A and B housing), that the commitments cover a range of dwelling types and include nearly 2,000 flats (66%) and approximately 1,000 houses (34%). The evidence also suggests that currently in the pipeline there are significant additional supplies of 1 and 2 bedroom accommodation (83% of which are flats) and reasonably healthy supplies of 3 and 4 bedroom family homes (80% of which are houses). H 6 – Housing development within the Built-up Area – Proposals for new dwellings, extensions or alterations to existing dwellings or changes of use to residential, will be permitted within the boundary of the Built-up Area as defined on the Island Proposals Map, provided that the proposal is in accordance with the required standards for housing as established and adopted by the Minister for Planning and Environment through supplementary planning guidance. The site is within the Built-Up Area as defined on the Adopted Plan. NE 1 – Conservation and enhancement of biological diversity – There will be a presumption in favour of the conservation and enhancement of biological diversity in accord with Policy SP 4. Permission will not be granted for the total or partial loss of a protected site or development which would seriously affect biological diversity. An Ecology Assessment has been submitted with the application. The assessment includes a desk survey, a site survey, results and interpretation and potential impacts and recommendations. This has been submitted in response to a condition requiring such an assessment on the extant permit (condition 22). The survey has determined that whilst the majority of the site is of low ecological value, there are some features present which require consideration in advance of commencement of development of the site. In summary these involve a further survey for bats; determination of appropriate mitigation, compensation and enhancement strategies for amphibians and reptiles, birds and small mammals (including bats) and further discussions with the Natural Environment Officers. These matters can be controlled by condition. NE 4 – Trees, woodlands and boundary features which are which are of landscape, townscape, amenity, biodiversity or historical value, will be protected by: 1. refusing development proposals which will result in their loss or damage; and 2. requiring trees or hedgerows which are being retained on development sites to be adequately protected during any site works; and 3. adding individual trees and groups of trees which make an important contribution to the landscape, townscape or local amenity value of a site or area to the List of Protected Trees. Development proposals which do not adequately make provision for the appropriate landscaping of a site - including the retention of existing trees and hedgerows, as appropriate, and the provision of new planting with species which will be of benefit to the Island's biodiversity - will not be approved. The issues relevant to this assessment are considered in the later sections of this Report. Policy TT 3 – Cycle routes – Applications for large developments will be assessed to determine their potential to contribute towards further development of the Eastern Cycle Route network and may be required to contribute directly through the provision of a section of cycle path or to enter into an agreement to make an appropriate financial contribution to the development or enhancement of the network. Whilst there is an extant permission on the site for housing development, the developer has been approached to ascertain whether or not there would be any willingness to contribute towards the Eastern Cycle Route provision. The developer has confirmed that such a financial contribution was not a request or requirement when the extant Permit was considered during the application process, or indeed when the Planning Obligation was negotiated. No allowance has been made within the budgeting of this development, albeit that the requirement to contribute to the installation of a footpath to La Rue Horman, a new bus stop and the appointment of a Travel Plan co-ordinator shall remain as per the existing Permit. However as the revised planning application does increase the existing consented development size by one house, there would be an agreement to a financial contribution to the Eastern cycleway of £1000 for this additional unit. Given the circumstances, this arrangement is considered to be acceptable. Policy TT4 - Cycle Parking - requires cycle parking provision in all new developments. Details of proposed cycle parking provision can be controlled by condition. Policy TT 5 – Road safety – Where appropriate, traffic and pedestrian safety measures will be implemented on the highway network particularly in residential areas to improve road safety. In all new residential developments, all new road layouts should be designed to reinforce low vehicle speeds, cycle safety and pedestrian priority. The previously approved scheme indicated a requirement to pay for the establishment of a cycle path along La Rue Hormon to connect the site to the proposed eastern cycle network which will run parallel to La Rue a Don. In conjunction with this, traffic calming islands will be installed in La Rue Hormon to assist with traffic control and the establishment of the proposed cycle path. Precise details of which will be the subject of a Planning Obligation. Policy TT7 – Better Public Transport – seeks to ensure that developers contribute to better public transport facilities and infrastructure. TT 8 – Access to public transport. The site is served by one of the principal bus routes on the island (No. 1) and 2no. other routes (1a and 1b). The previously approved scheme indicated the requirement for a new bus shelter for the south bound bus route at the existing bus stop on La Rue a Don at its junction with La Rue Hormon. The bus shelter has since been erected by TTS Highways, the costs of which will be reimbursed by the developer through the Planning Obligation. Policy TT9 - Travel Plans - requires that development generating significant amounts of traffic will be required to provide a Travel Plan at the time of submission. The development will generate an amount of traffic and the matter can be dealt with by Condition. Policy NR7 - Renewable Energy in New Developments – requires large developments to incorporate on-site low carbon or renewable energy production equipment to off-set predicted carbon emissions by at least 10%, except where it is demonstrated that such provision would make the development unviable or where it would have an adverse visual or amenity impact. The application submission includes a Sustainable Homes study demonstrating that the development will achieve identified targets for reduced energy and water consumption, the selection of environmentally friendly and responsibly sourced materials and the protection and enhancement of ecologically valuable habitats. Policy LWM2 - Foul Sewerage Facilities - provides that development which results in the discharge of sewerage effluent will not be permitted unless it provides a system of foul drainage that connects to the mains foul sewer. The proposal will be connected to mains foul sewer network. Policy LWM3 - Surface Water Drainage Facilities - requires proposals for new development to incorporate Sustainable Drainage Systems into the overall design to ensure that surface water run-off is managed. Discharge rates will be required to be limited to pre-existing natural rates of run-off to avoid causing flooding. The proposals will be connected to the surface water sewer, this matter can be controlled by condition. Policy WM1 - Waste Minimisation and New Development - states that the Minister will encourage the minimisation of waste generated as part of construction activity and an increase in recycling, re-use and recovery of resources. Major developments with a floor space of over 1000m² will only be permitted where measures are taken to minimise the waste arising and to recycle, re-use and recover as much as possible of generated waste materials, and opportunities are taken to maximise on-site management of waste. Where inert waste generated cannot be re-used on site, it should be diverted for recycling with a licensed contractor. The submitted Waste Management details are not a final document but conclude that the worst case scenario is that the majority of waste would be taken to the reclamation site at La Collette. In order to demonstrate compliance with this policy, the waste should be recycled with a licenced contractor. A Refuse Strategy has also been submitted indicating locations of recycling bins and household refuse bins within the development, together with the refuse vehicle tracking arrangements within the proposed road layout. |