Policy Considerations The site is located within the Built-Up Area and as such, Policy H8 states that new residential development will normally be permitted within the boundary of the Built-Up Area provided that the proposal satisfies the general development considerations that are covered by Policy G2. Policy G3 requires a high standard of design in all developments that respects conserves and contributes positively to the diversity and distinctiveness of the landscape and the built context. Policies G15 and G16 seek to resist the replacement or demolition of buildings which it is appropriate to repair or refurbish. The Shoreline Zone (Policy BE11) states that there will be a presumption against new buildings that will fill gaps or obstruct public views to the foreshore and sea. In the determination of the planning application in 2004, a view was taken that it was acceptable to make an exception to this policy and this was accepted by the Committee at the time. Furthermore, views are still maintained through the area of open space immediately adjoining the site. Policy BE2 states that there will be a requirement to take into account the context of the development and its contribution towards the townscape, public realm, the potential to regenerate outworn areas of the town, to remove eyesores and re-locate un-neighbourly uses, the quality and character of the proposed development and the positive contribution it would make to the vitality and viability of the town centre. Land Use Implications The proposal will involve the removal of the existing hotel and restaurant and replace it with new residential development. It is considered that the area around Havre Des Pas is predominantly residential in character and there are no objections to the development. Size, Scale & Siting The building’s 5 storeys only manifest themselves on the southern (beach) elevation with 3 storeys directly onto the Havre des Pas roadside elevation. This split in impact, accords with the context of each side of the building within the tight urban grain of Havre des Pas along with the existing building’s scale reflected in the northern elevation and the larger scale elevation fronting out into the open bay area. The biggest change to how the built form sits on the site will be from the north given that the existing buildings pull back from the edge of the esplanade. Whilst closing down this existing space somewhat, the retention of the Alix Shipyard pocket park to the west eases the impact of the new building. Design & Use of Materials The formation of a ‘U’ shaped building which is an overtly modern building but does not attempt a faithful/pastiche copy of a building of the predominantly Victorian genre evident in the locality. The building extends over 5 storeys although it is only apparent as three to the Havre Des Pas elevation, thus allowing the scale of the street to remain intact. The road frontage is broken up vertically into bays to allow the scale and rhythm of the traditional properties opposite to be reflected. The architectural emphasis to the west elevation changes; the building is clearly stepping up to the sea front with the vertical emphasis embraced and the faced curving away to the sea. The sea side elevation provides simple curves and undulating balconies in a ‘moderne’ reference. The communal areas of the residences are against the promenade, elevated but unenclosed (the balustrade material is glass, as for all the balconies). This will retain the vitality along the promenade and start to hint at the quality of the development beyond. The materials are generally that the building will be rendered in a light colour with slate covered infill cladding to the corners of the proposal to Havre des Pas. Balconies will be protected by stainless steel curved green tinted glazed handrails. Windows will be powder coated aluminium. The windows to the seaside will be further protected during the winter months by integral shutters which will be designed into the fabric of the building, which will allow residents to close them during stormy or inclement weather. The podium/base onto the promenade will be Jersey Granite in a regularised/longitudinal brick in a battered form. The lower portion of windows onto Havre des Pas will be a toughened glazed panel enamelled backed unit in a dark green/grey colour. The applicant has submitted detailed information at a scale of 1: 25 to indicate elevational treatment, detailing and fenestration. The requirement for sample details of all the proposed materials can be controlled by condition. All plant and equipment (generators and condensers etc) will be absorbed within the proposed building footprint. There will be no plant and equipment on the flat roof. Impact on Neighbours The site has the benefit of an extant permission for the erection of a five storey building to the promenade with three storeys to the Havre des Pas road frontage. The proposed development has been reduced in height at the street frontage and has been set back from Havre des Pas, thus reducing its visual impact on properties opposite the site. It is considered that given the previous site history and the reduction of impact on neighbouring properties from the extant permission, that the proposed development is acceptable. In respect of comments raised by residents in respect of the potential for an increase in the ‘wind tunnel’ effect and daylight and sunlight indicators, these issues are considered later in the report. Access, Car parking and Highway Considerations The proposal is for 5 one bedroom and 24 two bedroom apartments with 40 basement car parking spaces and 1 external ‘drop-off’. There will be a ramped access and egress to Havre des Pas, with a 5m width drive, allowing cars to be able to pass. The originally submitted scheme has now been amended to reflect the issues raised by T&TS and the issue of bin store collection has been re-visited as requested by The Parish. The access, egress and car parking arrangements are considered to be acceptable. Foul Sewage Disposal There is a public foul sewer that currently accepts surface water in Havre des Pas to which the existing properties have connections. The requirement to cap these connections before demolition works together with details of the proposed foul and surface water drainage arrangements to serve the development, can be controlled by condition. Landscaping issues Whilst the existing hotel and restaurant does not contain any opportunities for landscape provision, the new development proposal does and in this respect, there will be the opportunity for some limited planting to the Havre des Pas road frontage, but greater opportunity for courtyard planting to the seaward elevation. This matter can be controlled by condition. Other Material Considerations Archaeology There is potential for the site to contain archaeological evidence of the former shipbuilding use in this area. Whilst it is considered unlikely that this will be anything other than locally important evidence, it is nevertheless important to record any evidence. In 2004, the applicant had agreed to a trial dig, but it was subsequently resolved to impose a condition requiring a more thorough investigation. The HBA has reviewed the matter in the light of this current proposal and considers that the imposition of a similarly worded condition will be appropriate. Percent For Art In respect of the requirement for a contribution towards ‘Percent For Art’, the applicants have confirmed that there are no objections to making a contribution in accordance with the requirements of Policy BE12 of the Adopted Plan. This arrangement is acceptable and can be conditioned accordingly. Amenity The total amenity space for the proposal is approximately 883m², which includes balconies and podium. It is considered that given the location in close proximity to Mount Bingham and the beach, this level is acceptable. Wind Desk Study The applicants have submitted a report prepared by Ove Arup and Partners Ltd, which provides a qualitative assessment of the wind environment around the proposed application site, given that local residents have raised concerns that the proposed development has the potential to create regions of increased windiness which may then pose a hazard to pedestrians using Havre des Pas. Following a qualitative assessment of both the previously approved scheme and current proposals, prevailing wind conditions in Jersey, the location of adjoining development (Allix’s shipyard) and Ove Arup’s experience of wind tunnel studies around such buildings, the following conclusions were reached: In general, wind conditions surrounding the proposed scheme will be less windy than the currently approved scheme; The massing of both the approved and proposed buildings will shelter Havre des Pas to the north of the development and the level of windiness will be similar to that currently experienced; The wind conditions at the north-west corner of the site are likely to be fairly windy and characterised by the higher end of the ‘comfort’ range. For the approved scheme, wind conditions at this corner are likely to be in the ‘Business Walking’ range i.e. on occasion, gusts may cause some physical difficulty and there is a possibility of exceeding the distress criterion for ‘General Public’ access; However for the current proposal, the introduction of the outbuilding at the north-west corner will result in a reduced level of windiness on Havre des Pas when compared to the approved scheme. It is expected that wind conditions will be similar to the current ‘Strolling’ levels; Wind conditions within Allix’s shipyard are unlikely to deteriorate significantly for either the approved or proposed scheme from those currently experienced, and Conditions at the main entrance for the approved and proposed scheme are expected to be in the desirable ‘Standing’ range for a use as entrance. Daylight and Sunlight Study The applicants have also submitted a report prepared by a Daylight and Sunlight Chartered Surveyor, given that local residents have expressed concerns that the proposed development will give rise to problems of the loss of daylight and sunlight for the occupants of those properties opposite the site, should the application be approved. The report confirms that it has been based on the various numerical tests laid down in the Building Research Establishment (BRE) Digest 209 – ‘Site Layout Planning for Daylight and Sunlight: a good practice guide’ and from a further BRE publication ‘Calculating access to skylight, sunlight and solar radiation on obstructed sites in Europe’. All properties with windows directly facing the application site in Havre des Pas (i.e. facing due south) have been included in the assessment Holyrood House Flats (No. 7); Lorraine Guest House (No. 8); Cornwallis (No. 9); Eden House (No. 10); Bay View Guest House (No. 12) and Tamar Cottage (No. 14). The report confirms the following: All windows pass all three of the BRE diffuse daylight tests. The proposed development satisfies the BRE daylight requirements; All windows face within 90 degrees of due south. All windows pass both the total annual sunlight hours test and winter sunlight hours test. The development therefore satisfies all of the BRE direct sunlight to window requirements; The results of the BRE overshadowing test show that the proposed development will not prevent any garden or amenity areas from receiving at least some sunlight on 21st March (end of winter months). Both before and after the development, no more than 6% of any garden or amenity area will receive no sunlight on 21st March. This is significantly better than the BRE minimum requirement which permits up to 40% of any garden or amenity area to remain in permanent shadow on 21st March, and The proposed development will have a relatively low impact on the light receivable by its neighbouring properties. The development design satisfies all of the requirements set out in BRE Digest 209 and in most instances the development surpasses the BRE requirements by a significant margin. In conclusion, it is considered that in respect of the daylight and sunlight arrangements, the proposed development will not have any adverse affect on the amenities of the occupants of the properties opposite the site. Adjoining Development Site - Fort D’Auvergne Hotel On 4/3/08, the Department received a detailed planning application for the demolition of the existing hotel and staff unit, the construction of 40no. 2 and 3 bedroom apartments and 1no. retail unit with associated landscaping, together with the construction of a semi-basement to accommodate 68no. parking bays. (Reference: P/2008/0617). This application site directly adjoins to the east, the site of the development currently under consideration in this report. The submitted application was only subsequently registered as a valid application on 27/3/08 and as a consequence the consultation process has only just commenced and the application has not been assessed. Whilst the new application is now with the Department for consideration, it should be borne in mind that the development currently under consideration has been with the Department since October 2007 and has been the subject of extensive negotiations with planning officers. The site also has the benefit of an extant planning permission. As a consequence of this, it is considered that the current planning application should be considered on its own particular merits. |