Land to the N/E of Bayview Court, Le Mont Matthieu, St. Ouen.

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A decision made (13/03/2007) regarding: Land to the N/E of Bayview Court, Le Mont Matthieu, St Ouen. Demolish store and outbuilding. Construct 3 no. 3 bed dwellings. REQUEST FOR RECONSIDERATION of refusal of planning permission.

Subject:	Land to the N/E of Bayview Court, Le Mont Matthieu, St Ouen Demolish store and outbuilding. Construct 3 no. 3 bed dwellings. REQUEST FOR RECONSIDERATION of refusal of planning permission.
Decision Reference:	MD-PE-2007-0058	Exempt clause(s):		n/a
Type of Report (oral or written):	Written & oral	Person Giving Report (if oral):		Lawrence Davies
Telephone or e-mail Meeting?	n/a	Report File ref:		P/2006/1815
Written Report Title:	REQUEST FOR RECONSIDERATION of refusal of planning permission.	Written report – Author:		Lawrence Davies
Decision: Maintain Refusal of planning permission
Reason(s) for decision: As set out in the original decision notice 1. The site lies within both the Green Zone and the St Ouen's Bay Planning Framework wherein there exists a presumption against development. The proposed scheme, by virtue of its location and impact, would be harmful to the character of the area and, as such, fails to satisfy the requirements of Policies C5 and C7 of the Jersey Island Plan, 2002. 2. By virtue of their bland and identical appearance (which lacks local-relevance), and positioning on site, the proposed units are considered to be of a poor design. Therefore, the scheme fails to satisfy the requirements of Policies G2 and G3 of the Jersey Island Plan, 2002.
Action required: Case officer to write to applicant’s agent to advise of the Minister’s decision
Signature: (Minister)			Date of Decision: 13 March 2007

Land to the N/E of Bayview Court, Le Mont Matthieu, St. Ouen.

Application Number: P/2006/1815

Request for Reconsideration Report

Site Address	Land to the NE of Bayview Court, Le Mont Matthieu, St. Ouen.

Requested by	Tadore Properties Limited	Agent	J DESIGN LIMITED

Description	Demolish store and outbuilding. Construct 3 No. 3 bed dwellings. REQUEST FOR RECONSIDERATION of refusal of planning permission.

Type	Planning

Original Decision	REFUSED

Conditions
Reasons	1. The site lies within both the Green Zone and the St Ouen's Bay Planning Framework wherein there exists a presumption against development. The proposed scheme, by virtue of its location and impact, would be harmful to the character of the area and, as such, fails to satisfy the requirements of Policies C5 and C7 of the Jersey Island Plan, 2002. 2. By virtue of their bland and identical appearance (which lacks local-relevance), and positioning on site, the proposed units are considered to be of a poor design. Therefore, the scheme fails to satisfy the requirements of Policies G2 and G3 of the Jersey Island Plan, 2002.

Determined by	Delegated Refused

Date	16/10/2006

Zones	St. Ouen's Bay Special Area Green Zone

Policies	G3 – Quality of Design C5 – Green Zone C7 – St Ouen’s Bay Planning Framework

Recommendation

Maintain Refusal

Comments on Case	This application was for the construction of three no. 3-bedroom houses on a Green Zone (and St Ouen’s Bay special area) site adjacent to Bayview Court just off Le Mont Matthieu. There is no justification for such a development within the Island Plan and hence the application was refused. Moreover, the principle aside, the units were considered to be poorly designed with a bland, nondescript and identical appearance. On the issue of the design, the applicant contends that “in reaching this decision…adequate consideration has not been given to other developments recently permitted in the locality, nor of the general architectural style of other dwellings in the vicinity.” To this end the applicant’s covering letter makes reference to a previous successful application (P/2002/2088) for the construction of a new dwelling nearby on Field 1701. The suggestion is that because this application was deemed to be acceptable, the same should also be true of this current application for three houses. To briefly recap this application, at the time the site in question was a small area of scrubland completely surrounded by the other houses within Bayview Court; despite initially refusing the application, the Committee of the day eventually conceded (given the particular circumstances of the site) that a dwelling in this location would not impact upon the wider character of the Green Zone and thus granted permission. In addition, the applicant’s letter goes on to imply that because the style of the houses applied for is similar to that of the existing Bayview Court houses the design is therefore acceptable. However, these houses were of their time and design standards have moved on since then. Nine letters of objection were received at the time of the original application. A further three have been received with the RFR.

Recommendation	Maintain Refusal

Reasons	As above

Background Papers	1:2500 Site Plan applicant’s RFR covering letter

Endorsed by		Date