Big Deal Carpets Site, La Rue de L'Eglise, St. Peter: Determination of Planning Application P/2011/0891

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A decision made 23 April 2012:

Decision Reference: MD-PE-2012-0040			Application Number: P/2011/0891 (If applicable)
Decision Summary Title :	Big Deal Carpets Site, La Rue de L'Eglise, St. Peter		Date of Decision Summary:		23 April 2012
Decision Summary Author:	Senior Planner Appeals		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 Appeals
Written Report Title :	Department of Environment Report		Date of Written Report:		30 March 2012
Written Report Author:	Senior Planner Appeals		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)		Public
Subject: Big Deal Carpets Site, La Rue de L'Eglise, St. Peter Demolish existing building. Construct 12 No dwellings and 8 No. apartments to include basement parking. Create new vehicular access. AMENDED PLANS: Construct 12 No. dwellings and 3 No. apartments. Model Available.
Decision(s): This planning application was originally considered at a Planning Applications Panel Meeting of 25 January 2012, at which the application was deferred following a split vote between Panel Members. The planning application was subsequently referred to the Minister for consideration. At the Ministerial Public Meeting of 13 March 2012, the Minister deferred the planning application in order for the Applicant to submit further information on the suitability of the site for alternative commercial uses. In letter dated 15 March 2012 the Applicant submitted further arguments in support of the application. Having considered all the representations and consultations received, the Minister decided to refuse the application on the 23 April 2012 for the reason outlined below.
Reason(s) for Decision: ‘The applicant has failed to demonstrate to the satisfaction of the Minister for Planning and Environment that the site is inappropriate for any employment use to continue, and as such the proposal fails to accord with the provisions of Policy E1 of the Jersey Island Plan 2011’.
Resource Implications: None
Action required: Notify Agent, Applicant and all other interested parties
Signature: Deputy R C Duhamel		PLeg / AS Initials		Position: Minister for Planning and Environment
Date Signed:				Date of Decision (If different from Date Signed):

Big Deal Carpets Site, La Rue de L'Eglise, St. Peter: Determination of Planning Application P/2011/0891

Department of the Environment

Planning and Building Services

South Hill

St Helier, Jersey, JE2 4US

Tel: +44 (0)1534 445508

Fax: +44 (0)1534 445528

Department of the Environment

Update Report for Ministerial Meeting

Site Visit

1.Application Number

P/2011/0891

2.Site Address	Big Deal Carpets Site, La Rue de L'Eglise, St. Peter.

3.Applicant	Anvil Holdings Ltd

4.Description	Demolish existing building. Construct 12 No dwellings and 8 No. apartments to include basement parking. Create new vehicular access. AMENDED PLANS: Construct 12 No. dwellings and 3 No. apartments. Model Available.

5.Type	Planning

6.Date Validated	29/06/2011

7. Zones & Constraints	Built-Up Area Water Pollution Safeguard Area Proposed Settlement Plan
Summary Department Recommendation	This planning application was originally considered at the Planning Application Meeting of 25 January 2012 at which the application was deferred following a split vote between the Panel Members, 2 in favour, 2 for deferral and 1 for refusal. As a result of this split vote, the application was referred to the Minister for consideration. The Application was subsequently considered by the Minister for Environment who requested that further information regarding the marketing exercise that has been undertaken and the suitability of the premises for continued commercial use should be submitted. This commercial viability report prepared by Axis Mason and Buckley & Co dated February 2012 has now been submitted and has the following main points to make: Has been marketed since June 2012 which included a comprehensive set of letting particulars, on Buckley’s website, 2 large letting boards at the entrance to the site and 3 quarter page adverts in the JEP in December 2010. Both Big Deal Carpets and the furniture store have been made bankrupt and thus the main part of the building is vacant. VLJ limited take up a relatively small north-east corner of the building and operate from the property rent free by virtue of a concession given to the Director of the business who is a beneficiary of the Trust which owns the landlord company. The marketing brief has been to seek a tenant for either the whole premises or the residue of the space for approx 12,500 sq ft leaving the Carpet Company in situ. The premises have been offered at a rental rate equating to that established in 2007 by the letting to Big Deal carpets. Rent would be £160,000 per annum for 16,7000 sq ft of gross internal space. Have has some tentative enquiries but none of these have borne fruit. Financial criteria have not been the issue, it has more been the inflexible layout of the premises, lack of infrastructure and poor car parking. The site is surrounded by residential properties. To service the building it would mean driving past the houses and there are issues of safety and disturbance Poor quality of existing building including the ceiling and walls, poor insulation, damp, flooding in basement and no fire protection. Subdivision would prove very problematic to do due to the structural issues and cost. This viability report is enclosed as a Background Paper, along with all the previous background papers and late representations. Following the submission of this viability report, the Minister further considered the application and decided to determine it at a Ministerial Public Meeting. A Draft Supplementary Planning Guidance on Employment Land – Policy E1 has been published for a 6 week consultation period closing 28 March. This SPG is intended to help clarify issues within Policy E1 and hence does not as such change the terms of Policy E1, it is as the name suggests more for guidance. The SPG is still draft and out for consultation but it carries some weight in the consideration of this application. The Planning Policy Section of the Department has been consulted on this viability study and at the time of this report being written, no written response has been received. This policy response will be included as a late representation when received. APPROVAL

18. Background

Papers 1:2500 Location Plan

consultation responses

letters of objection

responses from agent/ applicant

commercial viability report and associated letters

Endorsed by:

Date: