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Field 115 & Loop Road, La Route du Nord, St. John: Go-Kart Track - Determination of Planning Application

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

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A decision made 11 July 2011 regarding:

Decision Reference:   MD-PE-2011-0055 

Application Number:  P/2010/1467

Decision Summary Title:

Field 115 & Loop Road, La Route du Nord, St. John

Date of Decision Summary:

27 May 2011

Decision Summary Author:

 

Senior Planner –

J Gladwin

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Oral and written

Person Giving

Oral Report:

Senior Planner –

J Gladwin

Written Report

Title:

 Planning and Environment Department Report

Date of Written Report:

28 March 2011

Written Report Author:

Senior Planner –

J Gladwin

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:  Field 115 & Loop Road, La Route du Nord, St. John

 

Change of use and alterations to form go-kart track. Construct race control box. Erect fencing and gate. Various external alterations. EIA Submitted.

 

Decision(s):

 

Planning permission granted for a temporary period of 15 years by the Minister on 27 May 2011 following the original decision being deferred from the Ministerial Meeting of 08 April 2011 to seek further information and clarification on the site plan from the applicant. This information was subsequently provided to the satisfaction of the Minister and therefore permission was granted on 27 May 2011.

 

Reason(s) for Decision:

Reason for Approval: The proposed development is considered to be acceptable having considered all of the material considerations raised, including the letters of representation and consultation responses received. In particular, the development has been assessed against Policy C5 of the 2002 Island Plan, in which there is a presumption against all forms of development.  In this case, however, the proposed development is considered to be in accordance with part (x) of Policy C5 in that the applicant has satisfactorily demonstrated that the proposed kart track is in the Island interest and cannot be practically located elsewhere.

 

Since 1994 numerous alternative sites have been explored by the applicant and rejected/discouraged by the Planning Department and/or other public bodies. The kart club have been racing at the Loop Road since 1999 on a 'temporary' basis following their previous site at Belle Vue being compulsory purchased for housing in 1994. When the Belle Vue site was compulsory purchased by the States of Jersey in 1994, the States expressed a wish to find a suitable site for the Kart Club and the Planning Department endeavoured to assist this search for a site. This previous support from the States is backed up by the high level of support for this application. Whilst it is accepted that this support is not universal and there have been a large number of objections, it is considered that the level of support and that the Kart Club has existed on the Island since 1960 (albeit with a 5 year gap after Belle Vue) demonstrates the demand for a kart track in the Island and that it is in the Island interest to have a kart track.

With regard to the representations received on the issue of noise impact, the Kart Club have operated from the current site for 12 years without major complaint and it is considered that subject to the planning conditions listed which includes a limit on the number of days and hours of operation, a temporary consent for 15 years and with further landscaping buffers and restriction on the type of engines that can be used, that the noise impact of the development on residential properties in the neighbouring area would be within acceptable limits.

 

It is also considered that the proposed development would not unreasonably harm the character and scenic quality of the surrounding area and would be in accordance with policies G2, G3, C4 and C5 of the Jersey Island Plan.

Resource Implications: None

 

Action required:

 

Notify Agent, Applicant and all other interested parties

 

Signature:

 

Senator F E Cohen

PLeg / PT Initials

Position:

Minister

 

Date Signed:

 

Date of Decision (If different from Date Signed):

 

Field 115 & Loop Road, La Route du Nord, St. John: Go-Kart Track - Determination of Planning Application

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

 

(This is hidden text it will not print out. Use F11 to move to the next field.  Shift -F11 to previous field.)Planning and Environment Department

Report

 

Application Number

P/2010/1467

 

Site Address

Field 115 & Loop Road, La Route du Nord, St. John.

 

 

Applicant

Mr R Troy

Jersey Kart & Motor Club (Guarentee) Ltd

 

 

Description

Change of use and alterations to form permanent go-kart track. Construct race control box. Erect fencing and gate. Various external alterations. EIA Submitted.

 

 

Type

Planning

 

 

Date Validated

01/10/2010

 

 

Zones

Green Zone

Zone of Oustanding Character

 

 

Policies

G2 –General Development Considerations

 

G3 – Quality of Design

C5 – Green Zone

C4 – Zone of Outstanding Character

 

Reason for Referral

(Delete as appropriate)Called in by the Minister

Level and degree of objection and support

Island wide interest

 

Summary/

Conclusion

The kart club have been racing at the Loop Road since 1999 on a ‘temporary’ basis following their previous site at Belle Vue being compulsory purchased for housing in 1994.  In 1998 temporary planning permission for 1 year was granted for the use of the loop road as a kart track. Since the year 2000, the continued use of the Loop Road for temporary kart racing has been administered by TTS and the Parish are consulted. The hours of use allowed by TTS has also increased over the years to 20 days in total with racing from 09:30 to 17:00 for the year 2010.

 

The current planning application (following amendments on 08 February 2011 to the application to keep the loop road open to the public and to not increase the hours of use to 300 hours) is for a permanent kart track for the same number of hours as existing that is 20 days per year up to a maximum of 200 hours per year, with reconfiguring of the kart track and other ancillary works listed below.

 

121 letters in support and 29 letters of objection have been received to this application. Out of these, 25 letters are in support and 24 letters of objection of people who live within the Parish of St John.

 

The application site is largely within the Green Zone, although to the east of the Loop Road and on the approach to the loop part of the road this is Zone of Outstanding Character.

 

Policy C5 - Green Zone carries a general presumption against all forms of development for whatever purpose. However, within the Green Zone, certain types of development may be permitted but only where the scale, location and design would not detract from, or unreasonably harm the visually sensitive character and scenic quality of this zone. It is considered that the proposed development would be in accordance with part (x) of Policy C5 in that the Applicant has satisfactorily demonstrated in the submitted information that the proposed permanent kart track is in the island Interest and cannot be practically located elsewhere.

 

Jersey is a small island with limited potential sites for such a development. Over the years since 1994 numerous alternative sites in Jersey have been explored by the Applicant and rejected by the Planning Department. The kart club have as a result operated from the current site on a temporary basis for 12 years without major complaints. It is considered that subject to the recommended conditions listed below including not approving the access track to the east of the Loop Road, the gate and large parts of the fencing, that the proposed development would not cause an adverse impact on the character of the surrounding area. In addition subject to a condition limiting the number of events and hours of operation as well as further landscaping to the south that the noise impact of the development would be within acceptable limits to the residential properties to the south of the site.

 

 

(Worthwhile, when there is a conflicting balance of considerations, to play devil`s advocate, then give reasons for reaching recommendation.)

Officer

Recommendation

Approval

 

Site Description

The application site consists of the Loop Road and environs which is accessed from La Route du Nord in the Parish of St John. The application site also includes part of the land owned by the Du Val family within the Loop Road itself. Land owned by Ronez and the Renouf family within the Loop Road is excluded from this application.

 

The site is located in the very north of the Island and so to the north and east is sea. To the west is the Ronez Quarry and to the south of the site is a largely rural area with a hamlet of houses around the area called ‘Le Grand Mourier’. To the immediate south of the access to the site is the Public House ‘Les Fontaines Tavern’ and to the south-east is a public car park.

 

 

Relevant Planning History

 P/1994/0983 - Carry out modifications to existing public roads to enable them to be used on a temporary basis for kart racing -Refused - 08/07/1994 for the following reasons:

 

Reason 1: The proposal would involve an inappropriate use which would detract from the appearance and tranquillity of an area of outstanding scenic value on the north coast of the Island.

Reason 2: The proposal would involve unacceptable development on a prominent coastal site in the Green Zone, contrary to the provisions of Policy CO1 of the approved Island Plan, and contrary to Article 2 (e) of the Island Planning (Jersey) Law 1964.

 

P/1998/0888 - Minor engineering works including 1.5m high earth bank and temporary catch fencing to facilitate use of loop road for kart races and practices –Approved - 19/06/1998- with the following conditions:

 

Condition: Permission is given for a temporary period up to 31st December 1999 following which the use shall cease.

Condition: Only 12 race meetings and 3 practice days are allowed annually, the date and times of such events to be agreed in advance with the Planning and Environment Committee.

 

P/2001/2341 - Form loop road on scrubland to corner of field 117 for use as part of Kart circuit. Approved - 22/04/2002 with following condition:

 

Condition: The road hereby approved may only be used for the purposes of kart racing by the Jersey Kart and Motor Club.  When the road is not in use, access across it must be prevented through the erection of chain and post fences.

 

PLEASE NOTE: At the time of the aforementioned planning application the Planning and Environment Committee stated that temporary planning permission for the use of the Loop Road was not required to be renewed yearly by the Planning Department as it was considered to be a temporary limited use and the main use of the Loop Road would remain as a public highway. Since the year 2000 the continued use of the Loop Road for temporary kart racing has been administered by TTS and the Parish are consulted. The hours of use allowed by TTS has also increased over the years to 20 days in total with racing from 09:30 to 17:00 for the year 2011.

 

The above planning history is for the application site only. The kart club have also had a lengthy history of planning applications refused at other sites around Jersey including: La Collete reclamation site and Field 790 in St Peter. Other sites at Les Landes racecourse, Jubilee Hill, St Peter and Crabbe, St Mary have been explored but each encountered problems with the Planning Department and/or other States Departments and were not pursued to application stage.

 

The kart club raced at Bellevue, St Brelade from 1960 to 1994 when the site was compulsory purchased by the States for the construction of housing. Since then the kart club have raced at the Loop Road since 1999 to the present day.

 

 

Existing use of Land/Buildings

Public Highway with a temporary use as kart racing track.

 

 

Proposed use of Land/Buildings

Public Highway and for a permanent kart racing track.

Details of planning application and amendments made

The application as originally submitted was to close the Loop Road as a Public Road and use it instead as a permanent kart racing track and to increase the hours of use from 200 hours approx as existing to a proposed 300 hours.

 

To replace the Loop Road for use by the public, it was proposed to construct a new access track to the east of the Loop Road for use by the general public year round, with a viewing area and turning area at the end of the track. The access track would be constructed by the infill of the land and construction of a reinforced gabion retaining wall to a maximum height of 3 metres and tree planting and general planting to screen the access track and gabion wall.

 

In addition, the applicant proposed to reconfigure the Loop Road in certain parts to allow several chicanes. A pit lane and a parking area for competitors on a grasscrete surface are proposed in the middle of the Loop Road in the north-west part of the central area. In addition a race control building and St Johns ambulance building are proposed in this central area.

 

The applicant proposes a gated entrance to the Loop Road and 1.1 metre high fencing around the northern edge of the proposed public access track to the east. On the approach to the loop part of the road, 28 visitor parking spaces are proposed along the side of the road.

 

Following negotiations with the Planning Department, the Applicant has amended the originally submitted application. This was to take into account objections received to the application and following the Parish comments on the application. 

 

The two amendments made to the application were to keep the Loop Road open to the public on non-race days and to not increase the hours of usage from the existing maximum of 200 hours approx. No amended plans were received as the planning drawings did not change as a result of the amendments. Letters were sent on 08 February 2011 to all people who made representations to alert them to the amendments and to make any further comments if they so wished.

 

An Environmental Impact Assessment Statement (EIA) and Planning Statement were submitted with the architect plans.

 

Consultations

 

Connetable of St John in letter received 05 November 2010 states “I will highlight the four main concerns that arose from the Parish Meeting of 27 October 2010:

 

  1. The 50 % extra hours of use were a major concern.
  2. It was not thought right that a public road would be closed. Given that it is heavily used by not only parishioners of St John but Islanders and visitors alike.
  3. Parishioners were concerned that if this planning application were to be approved, what might happen next clubhouse, corporate days etc.
  4. There was also concern that if the hours were increased how long would it be before scramblers wanted extra time given that the precedent would have been set this would be difficult to refuse.

 

In conclusion, I can say that the parishioners of St John are totally against closing a public road which is used by all Islanders not just St John residents on a permanent basis, also it was made clear at the meeting that extra hours was totally unacceptable”.

 

Deputy Rondel has in addition, supplied a letter highlighting the issues raised at the parish meeting of 27 October 2010 including noise, loss of loop road, proposed track not being wide enough to look at the vista, loss of states road, the majority who spoke said that they had little problem with the status quo but no further extension of user time.

 

 

Transport & Technical Services in letter received 23 December 2010 state “the Minister for Transport & Technical Services has no objection to the kart track proposals in principle, subject to the club demonstrating they had obtained the support of the local populous and other interest groups.

 

No further comment on traffic, the applicant has demonstrated that the existing road network can accommodate this proposed development.

 

Vehicles cannot be allowed to reverse from the site onto the highway, therefore this Department will require that turning heads be required on the access road and track, and the applicant will need to demonstrate that vehicles can turn on site.

 

The existing road will need to be subject to an extinguishment. A road may be extinguished by application to the Royal Court, using the Extinguishment of Roads (Jersey) Law 1972”.

 

Environmental Health in their letter dated 29 November 2010 state “On the issue of air quality, I broadly concur with the observation that dust emissions during the construction phase are likely to be acceptable. The mitigation measures detailed in the EIA seem to be appropriate. The measures detailed in the EIA during the operational phase seem sufficient.

 

On the noise issue, it is understood that there have been complaints in the past from the owner of a property between 550 and 600 metres from the site. I believe that some residential properties will be impacted by the noise. In view of this the other two factors that need to be taken into account when considering the noise impact are the times of day that racing is allowed and the number of days that the track is used.

 

The times of day that racing is permitted is proposed to be between 10 am to 2pm on some days and 10 am to 5pm on others. Daytime use causes a lesser nuisance than evening or night time use and I would not be in favour of permitting the use outside these stated hours.

 

The proposal is for the number of days in the year on which the track is used to increase from 20 to 56 days. The number of weekend or bank holiday days (when complaints are more likely than working days) that the track would be used on would be increased from 20 to 38 days.

 

This major intensification in days in use and consequently the duration of the noise that will be caused should be considered not only from a nuisance perspective but also because the noise has the potential to cause a significant change in the nature and character of the area and as such is a material planning consideration”.

 

Following the application details being amended and comments received from the applicant in response to the Environmental Health comments, Environmental Health were re-consulted and no further response was received.

 

Countryside Management section of the Environment Department in letter dated 25 October 2010 states “In general, the impacts on the site, should the proposed development gain planning permission, would not be significant in an Island context should suitable methodology for construction and site management be followed, and mitigation of the other impacts be provided. If permission were to be granted there are listed 8 different recommended conditions.

 

They further comment that “The north coast of Jersey provides the Island a unique wilderness experience, despite the historic use of small parts of the area. There are a number of historic developments on the north coast that would not be permitted in today’s less tolerant climate, such as the quarry, which this application makes so much of. The coastline and headlands have been identified as requiring utmost protection in the current, and draft Island Plan and supporting documents such as the countryside character appraisal. The loss of any area of the north coast should only be allowed in the most outstanding circumstances for the benefit of the entire island population and should not be permitted for a small band of enthusiasts. The impacts of the development should be viewed with the fact in mind that those impacts will affect the whole Island community, but benefit a very small number of people”. There are then listed a number of queries on the Environmental Statement.

 

Following the application details being amended and comments received from the applicant in response to the Countryside Management comments, Countryside were re-consulted and no further response was received.

 

 

Environmental Protection in letter dated 18 October 2010 states “the applicant needs to apply for a discharge permit under the provisions of the water Pollution (Jersey) Law 2000 for the discharge. Condition recommended covering if waste or other materials are imported to the site and then a risk assessment and auditable records are required to be carried out. Do not object to the principle of reusing tyres within tyre barriers on the course. The applicant should provide a firmer strategy of how they propose to source, store and manage tyres during the development phase”.

 

Following the submission of amended details by the Applicant, Environmental Protection was re-notified of the application in light of the amendments made and re-iterated that a discharge permit was required for the interceptor and had no further comments to make.

 

Historic Environment in their letter dated 03 November 2010       states “Given the location, scope and nature of the proposal I do not think that there are likely to be significant archaeological effects and unless new information comes to light during the development of this project then no further action is required.

 

The impact on the historic significance of the local historic buildings is deemed to be minimal, and again unless new information comes to light during the development of this project then no further action is required.”

 

Health & Safety Inspectorate in their letter dated 11 October 2010     states that ‘The applicant should therefore ensure that any risks to workers and others, such members of the public, in relation to this proposal have been assessed and appropriate arrangements put in place to ensure that the risks are negated or adequately controlled’.

 

Marine and Coastal section of the Environment Department in letter dated 12 October 2010 state “no comments to make”

 

Liquid Waste section of TTS in letter dated 15 October state “no comment to make”

 

Solid Waste section of TTS in letter dated 02 November 2010 states “We are pleased to see thorough consideration of the opportunities to re-use and recycle as much waste as possible at both construction and operational phases. There is no mention of a process to ensure any material imported to the site is free of potential contamination which we would suggest is particularly important in this location. TTS would be happy to assist, if required, in identifying potential sources of waster tyres needed for the operational facility”.

 

Jersey Water in their letter dated 06 October 2010 state “No comments to make.”

 

 

All consultations are attached with the background papers

 

 

Summary of Representations

 

121 letters in support and 29 letters of objection have been received to this application. Out of these, 25 letters are in support and 24 letters of objection of people who live within the Parish of St John.

 

Following the two amendments made to the application on 08 February 2011, 4 letters in support and 10 letters against the application were received (these letters were mainly from people who had already made representations)

 

The objections can be summarised as follows:

 

  • Negative impact on the character of the area and loss of amenity to the parish
  • Excessive noise and disturbance on local residents
  • The noise is invasive and irritating and happens at the weekends when residents are more likely to be using their gardens
  • With an increase in hours of usage by 50% there is bound to be an increase in noise.
  • It is proposed to use the track on days other than just the weekend which will create an extended noise nuisance
  • The original use of the loop road was for mornings only from 09:30 to 13:30 so there has already  been an increase in usage over time
  • Loss of the loop road as a public road and consequential loss of the wide panoramic views from this viewpoint and loss of bbq area
  • The loop road is public property and a small minority should not be able to prevent the majority from having access
  • The loop road and its views are a great asset not only to the parish, but indeed the whole island and should not be the sole preserve of a small private club
  • Parishioners put up with the current arrangement and would continue to do so but to make this temporary arrangement permanent and to increase the usage is an unreasonable request
  • There is already motocross at Sorel and St John should not have to suffer further activities
  • Car parking is at a premium in the area particularly if race’s are held at the same time as the motocross
  • Some sympathy for the clubs position, but not sure this is the best location for a permanent track and/or if Jersey is large enough to provide a permanent track
  • The proposed fencing, gate, huts and track to the east are unnecessary and would have an adverse impact on the character of the area
  • If the track became permanent then no doubt further applications will come along for further facilities and increased hours of use

 

The letters in support can be summarised as follows:

 

  • A  permanent track  would be a much needed facility for the Island and of benefit to the whole Island
  • Very beneficial for young people to have a positive activity in their lives conducted in a disciplined way
  • Would benefit a very large number of the Island’s youth, who generally are interested in motor sport, but have little or no opportunity at present to pursue those interests
  • The Island needs to ensure there are sufficient directed activities for Island youngsters-witness the planning decision for the gym club in Samares. The same arguments hold for this application
  • Karting has been on the site for a number of years and this usage has been accepted by everyone on the Island without any major disruption to the Island
  • This land is an ideal site for this activity as it is next to the quarry and away from large residential areas
  • Modern competition karts have strict noise limits to which they must comply which limits noise impact
  • Since Belle Vue was compulsory purchased there has always been a commitment by the States of Jersey to find the club a new permanent track. It is scandalous that this has not happened as yet
  • The fact that the club has not only survived but prospered despite the lack of proper permanent premises is ample evidence of the necessity for these facilities
  • Of course there is no location in Jersey that will avoid complaints from neighbours, but given the limited time that the venue would be used and its location this would seem as good a location as it is going to get
  • Ample car parking proposed and already in place
  • In the UK and France, karting is the nursery school of motorsport and provides a very valuable way into motorsport
  • Will bring competitors over from Guernsey, UK and France who will stay in the Island bringing in valuable tourists
  • There are no tall structures or buildings on this plan so the outline of the area will remain largely unchanged
  • The plants and wildlife in the area will not be any more affected by the proposal than the existing use
  • The Jersey kart club is the only club in Great Britain that has to close a public road for all of their race meetings, and Jersey led the way with the fist purpose built kart track in Great Britain in 1960
  • Since the 1960’s in the Island I have noticed a steady erosion of facilities for the youth of the Island, this proposal has to be a step forward
  • Due to the quieter water cooled engines nowadays (rather than the old noisy air cooled engines) there is not much noise at all to the surrounding area. This is due to the improvement in technology for kart engines and also the location meaning that a lot of the noise will go out to sea
  • It takes 2 hours on average to set up the track and then 2 hours to take it down. By having a permanent track this would make karting more appealing due to not having this same time problem
  • The track is currently around the existing loop road which is not the most interesting course or best for competitions, the proposed track would improve the kart racing

 

National Trust states: ‘It is publicly owned land and should stay as such. Also, the height of the fencing will be an intrusion into the landscape into the landscape, particularly if the colour shown on the plans is used’.

 

Societe Jersiaise states: ‘No objections to the application and no comments on the EIA, the facility provides an activity for young people and provides a community facility’.

 

 

The Applicant has responded to representations and consultations received in letters dated 01 February, 04 February, 07 February, 14 February 2011, the following main points have been made:

 

  • The Vice President of Planning and Environment made a statement to the States of Jersey on 23 July 1996 in which he said “the Planning and Environment Committee is conscious that the States wish to find a suitable site for the kart club and will endeavour to assist the Sport, Leisure and Recreation Committee and the Jersey Kart Club to find a suitable site”
  • The kart club has never itself had a noise complaint produced to any of the Club officials within the 12 years of racing at the loop road and no complaint has ever been raised by Environmental Health department. The kart club can confirm that noise levels from karts are strictly monitored and controlled by the MSA and all karts fall within EU regulations for recreation vehicle engines. A decibel meter is present at all club events to ensure no breach of the regulations is permitted
  • The kart club commissioned Southdown Environmental to carry out a noise survey of the clubs activities during a race day, which is set out in Section 5 and Appendix H of the EIA. In addition the kart club have taken further noise measurements on two occasions (one conducted by an independent MSA noise official) the results of which are that noise emanating from the site taken at the junction of the loop road with Route du Nord (180 metres from the track) was on one occasion not higher than background noise prevailing at the time and on the other occasion (when motocross was also taking place) not greater than 1.5 decibels higher.
  • Karting has always been a family orientated sport with children as young as 6 years old able to compete. By providing a permanent facility this will encourage this and provide other social benefits by providing an academy for children/youths
  • Club members regularly clear the loop road site of rubbish/fly tipping to look after the amenity of the area
  • The race control structure is a movable structure and not permanent
  • Penny Anderson Associates (who wrote a report in the EIA into the ecology impact of the development) were of the opinion that the club’s activities will not affect wildlife and indeed the site has the potential to be a natural haven for wildlife as demonstrated at Silverstone racing track. She also states that the loop road is unremarkable and not typical of the north coast habitat
  • The views from the loop road will remain the same as existing
  • The kart club have looked for an appropriate site since the mid 1990’s without success, but have exhausted all reasonable and suitable alternatives
  • Many sports in Jersey function from public owned land such as Les Landes racecourse which is leased from the Public. The contention that public land should not be used for sporting purposes is unsustainable and would prevent many sports from operating
  • The kart club consult with the motocross club to try and coordinate race meeting days
  • After 12 years of use of the loop road for karting, in effect the site has become a permanent venue without a permanent facility
  • The club will keep a log of the dates, times and periods of all track race time which will be certified by an MSA official and subsequently submitted to the Constable of the Parish on a monthly basis or such other period of time required by the Constable, for verification into the hours of racing on the site

 

 

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

 

 

Planning Issues

Policy Considerations (What are the presumptions)

Policy C5 - Green Zone and Policy C4 – Zone of Outstanding Character are the principal planning policy considerations for this application.

 

Policy C5 – Green Zone

 

The loop road and the area in the middle of the Loop Road (which are the main focus for the development proposals) are within the Green Zone. Policy C5 carries a general presumption against all forms of development for whatever purpose. However, within the Green Zone, certain types of development may be permitted but only where the scale, location and design would not detract from, or unreasonably harm the visually sensitive character and scenic quality of this zone.

 

Within the 10 listed types of development that may be acceptable in Policy C5 is:

(x) development that has proven to be in the Island interest and that cannot practically be located elsewhere.

 

It is considered that the proposed development would be in accordance with part (x) of Policy C5 in that the Applicant has satisfactorily demonstrated in the submitted information that the proposed permanent kart track is in the island Interest and cannot be practically located elsewhere. It is also considered that, subject to the conditions recommended at the end of this report, the proposal will not unreasonably harm the character and scenic quality of this area.

 

The applicant has drawn attention to the fact that the Vice President of Planning and Environment made a statement to the States of Jersey on 23 July 1996 after the Kart Club’s former home at Belle Vue was compulsory purchased for housing in which he said: “the Planning and Environment Committee is conscious that the States wish to find a suitable site for the kart club and will endeavour to assist the Sport, Leisure and Recreation Committee and the Jersey Kart Club to find a suitable site”.

 

Whilst the above quoted statement is not a firm commitment from Planning that a new site will be found, it is nevertheless a statement that demonstrates that the States wished to find a suitable site on the Island for the kart club and that Planning would try and assist the search for a site.

 

This previous support from the States, is backed up by the high level of support for this application (121 letters in support have been received to this application). It is accepted that this support is not universal and there have also been a large number of strong objections (29 objections received). But it is considered that this support and that a kart track has existed on the Island since 1960 to the present day with a regular membership (albeit with a 5 year gap when the kart club was made homeless after Belle Vue) demonstrates the demand for a kart track in the Island and that it is in the Island interest to have a kart track.

 

The question thus arises; can the kart track be practically located elsewhere? The applicant has submitted details showing previous planning applications and pre-application discussions over other possible sites. I have also pored over old planning files to explore potential alternatives.

 

Jersey is a small island with limited potential sites for such a development. The kart club have also operated from the current site on a temporary basis for 12 years without major complaints. Whilst this application site may not be the perfect site for such a development as it has certain development constraints, it is accepted that this is an acceptable site for such a use and cannot be practically be located elsewhere.

 

During the course of consultation, a couple of sites have been suggested by third parties as alternative sites. These suggested sites were near Crabbe and at Les Landes racecourse. Without wanting to prejudice any future planning application, these sites are hugely problematic to develop as a kart track. Les Landes is an Ecological Site of Special Interest and an Archaeological Site of Special Interest, as well as being a very open sensitive corner of the Island and in the Emerging Island Plan is in the National Park. Whilst the Crabbe site suffers from being within a ‘safety zone for hazardous installations’ and having poor road access.

 

Policy C4 – Zone of Outstanding Character

 

The approach road from La Route du Nord to the Loop Road and the land to the east of the Loop Road are within the Zone of Outstanding Character. The only development proposed on the approach road is for car parking which would be sited along one side of the existing road. It is considered that the proposed car parking on this road on race days only would not have an unreasonable impact on the character of the Zone of Outstanding Character.

 

The proposed access track, gabion wall and infill for the track to the east of the loop road would be within the Zone of Outstanding Character. The proposed development of this area is considered not acceptable as it would have an adverse impact on the surrounding area.

 

This access track was originally proposed because the loop road was to close to the general public and so was to provide alternative public access to a viewpoint. Following the amendment to the application on 08 February 2011 to keep open the loop road on non-race days, it is considered that in effect this proposed access track is superfluous and due to its potential adverse visual impact should not be approved. As such a condition is recommended that this access track is not approved as part of this application and this portion of land should remain as it is. On this proviso, it is considered that the proposal would be in accordance with Policy C4.

 

Policies G2 and G3 are also relevant and set out general development considerations and quality of design issues that are discussed in detail below.

 

Land Use Implications

The principal use of the Loop Road would remain as a public highway. The applicant proposes to use the loop road for up to 200 hours approx as a kart track. This use of the loop road is not markedly different in principal from the existing (temporary) kart track use that has been there for 12 years. As mentioned the existing use is on a temporary basis, whilst the proposal is for a permanent track for the kart club.

 

The area in the middle of the loop road is partly proposed for use by the kart club for parking for the competitors and as a pit lane and for certain changes to the track layout.

 

Size, Scale,  Siting and Design

The proposed works include reconfiguring the kart track, a race control and St Johns ambulance building, parking and the new access track to the east. As already mentioned this access track is judged to have an adverse impact on the amenity of the surrounding area and a condition is recommended that this is not approved.

 

It is considered that the reconfiguring of the track would have a limited impact on the character of the area and the environment/ecology of the area. The Loop Road itself would remain as it is now, with the addition of certain new chicanes in the track. It is considered that that these new parts of the kart track should be sectioned off with a fence/chain and post fence to prevent its potential use outside race days. A condition is therefore recommended as outlined above.

 

The proposed parking in the centre of the Loop Road would be on a grasscrete surface and partially screened by existing sloping sections of ground and it is considered this parking would not have an unreasonable limited impact on the character of the area.

 

The buildings proposed are for portakabin structures. It is considered that the details and appearance of these buildings should be subject to a condition to ensure they are in keeping with the Green Zone. The buildings may benefit from being of a timber construction.

 

The site plan shows various fences and a gate across the loop road. It is considered that the gate is unnecessary now that the loop road is to be open to the public on non-race days. On race days the applicant can instead put a temporary barrier across to prevent people walking onto the track. The fencing should be reduced to a minimum. For example there would appear to be no need if the access track is not constructed, for the fencing to the west side of this track. Accordingly a condition is recommended that the gate is not approved and that a further detail of the extent of the fencing is to be submitted for approval.

 

Impact on Neighbours

A Noise Assessment has been submitted by the Applicant (produced by Southdowns Environmental Consultants) with this application (please see section 5 of the EIA). In this Noise Assessment it was stated that the increase in background noise at the nearest residential property (which is approx 180 m away from the nearest part of the kart track) would be below 2 db by reason of the kart club activities. It is also stated that there is a large bank and trees to the south of the loop road which help to minimise noise dispersion.

 

A number of common activities which can cause noise problems are quoted in this Noise Assessment for comparison purposes. The difference between these noise activities and the kart club use is that the kart club racing would continue for longer than these other activities and so could in theory cause more of a prolonged nuisance.

 

In light of this, I attended unannounced a race meeting and walked around the surrounding residential area to help to determine if this would be a problem. The kart club have been using the loop road on a temporary basis for 12 years now and therefore there has been ample time to judge its noise impact on the surrounding residential properties and for complaints to the existing use to be registered.

 

 The application before us does not propose any different types of karts to what has been used in recent years on the loop road and although the proposed track would be different in the form of additional chicanes this is likely to reduce the noise as more corners are introduced which lower the karts speed and hence noise. Therefore we can be clear as to the existing and proposed usage and noise implications.

 

Environmental Health stated that: ‘I believe that some residential properties will be impacted by the noise. In view of this the other two factors that need to be taken into account when considering the noise impact are the times of day that racing is allowed and the number of days that the track is used’.

 

The number of hours of usage has now been amended to not increase the existing usage of 200 hours approx and taking into account the Environmental Health comments and letters of objection, the following is recommended:

 

It is considered that with some further landscaping to the south of the site and certain other conditions listed below that the noise levels are within acceptable boundaries. This is not to say that there is no noise to the south of the site, there clearly is some, but due to the prevailing winds from the west, the noise has a tendency to disperse to the north and east and with the existing bank and landscaping this helps dissipate the noise to a degree. It is recommended that a condition is added to restrict the hours of racing to between 10:00 and 17:30. In addition the days of racing would be limited to a maximum of 20 race and practice days in total throughout the year. A condition is also recommended that the applicant shall provide to the Planning Department and Parish a list of the proposed race dates at the start of each year for approval.

 

 

Access, Car parking and Highway Considerations

The access would remain as existing. The proposed parking in the centre of the Loop Road and along the side of the approach to the Loop Road are considered acceptable in number and would alleviate some of the pressure on the existing public car park to the north of La Route du Nord.

 

In light of the access track recommended not to be approved and the continued use of the Loop Road by the public there is no need for an additional turning area as highlighted in the TTS comments.

 

Landscaping issues

Condition recommended for a (soft and hard) landscaping plan to be submitted and approved.

 

Countryside Management Section in conclusion state that:

 

“In general, the impacts on the site should the proposed development gain planning permission, would not be significant in an Island context should suitable methodology for construction and site management be followed, and mitigation of the other impacts be provided. If permission were to be granted there are listed 8 different recommended conditions”

 

The recommended conditions listed in this consultation are recommended to be added.

 

 

 

Officer

Recommendation

Approval

 

 

Conditions/

Reasons

  1. Hours of racing/practice to be restricted to between 10:00 and 17:30.
  2. The days of racing and practice shall be limited to a maximum of 20 days per year, in compliance with a list of race meetings that shall be submitted to and approved by the Minister for Planning in consultation with the Parish of St John before the start of each year.
  3. Notwithstanding the details on the submitted plans, the access track, infill in this area and gabion wall to the east of the Loop Road are not approved and this portion of land shall not be built on.
  4. The gate to the entrance to the loop road is not approved.
  5. Details of the appearance, height and extent of the proposed fencing and tyres on the site shall be submitted to and approved by the Minister.
  6. The kart track hereby approved is for use only by members of the Kart Club and is not authorised for a commercial turn up and kart operation.
  7. The karts to be used on the kart track shall be limited to water cooled engines and as authorised under the regulations of the MSA
  8. Landscaping plan (hard and sot landscaping) to be submitted and approved by the Minister
  9. Notwithstanding the details on the submitted plans, details of the appearance and materials of the buildings shall be submitted to and approved by the Minister
  10.  Notwithstanding the details on the submitted plans, the new kart track that is to be created off the existing loop road shall be partitioned off from the loop road on non-race days by fencing, details of which shall be submitted to and approved by the Minister
  11.  Conditions as recommended in the Countryside Protection comments
  12. Conditions as recommended in the Environmental Protection comments
  13. The proposed competitors parking area shall be constructed of a grasscrete surface and the track leading to this parking of a hoggin surface.
  14. The mobile food van shown on the site plan shall be only on site at Jersey Kart Club race meeting dates only
  15. No tannoys are to be used on the site

 

 

Background Papers

1:2500 Location Plan

Environmental Impact Assessment

Planning Statement

Letters of objection

Letters of support

Letters from Applicant dated 01 February, 04 February, 07 February and 14 February 2011

Connetable of the Parish of St John comments dated 05 November 2010 and comments from Deputy Rondel

Transport & Technical Services comments dated 23 December 2010

Environmental Health comments dated 29 November 2010

Environmental Protection comments dated 18 October 2010

Countryside Management comments dated 25 October 2010

Historic Environment comments dated 03 November 2010       

Health & Safety Inspectorate comments dated 11 October 2010    

Marine and Coastal comments dated 12 October 2010

Liquid Waste section of TTS comments dated 15 October

Solid Waste section of TTS comments dated 02 November 2010

Jersey Water comments dated 06 October 2010

 

(Also include correspondence from Case Officer – Possibly [pre-application advice & any other relevant material)

 

Endorsed by:

 

Date:

 

 


 

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