The Jersey Island Plan 2011 was Adopted in June 2011 and as such the application now requires assessment against its policies. However, given that the application was submitted well in advance of the adoption of the 2011 Plan, the previous and now superseded 2002 policy provision is also provided below, highlighted in italics. Policy G1 states that in accordance with the principles of sustainable development and the Island Plan objectives, all development proposals should in particular seek to integrate new development with the existing built-up area; re-use already developed land; support an overall pattern of land-uses that reduce the need to travel and promote increased use of public transport, cycling and walking and conserve or enhance the natural environment and cultural heritage of the island. Policy G2 states that applicants will need to demonstrate that the proposed development will not unreasonably affect the character and amenity of the area; will not have an unreasonable impact on neighbouring uses and the local environment by reason of visual intrusion or other amenity considerations; will not have an unreasonable impact on important open space; will not lead to unacceptable problems of traffic generation, safety or parking; is accessible by pedestrians, cyclists and public transport users, including those with mobility impairments; includes the provision of satisfactory mains drainage and other service infrastructure and will not have an unreasonable impact on public health. Applications which do not support these principles will not normally be permitted. Policy G3 confirms that a high standard of design that respects, conserves and contributes positively to the diversity and distinctiveness of the landscape and the built context will be sought in all developments. Policy G13 confirms that there will be a presumption in favour of the preservation of the architectural and historic character and integrity of registered buildings and places and permission will not normally be granted for the extension or other external alteration works which would adversely affect the architectural or historic interest, character or setting of a registered building or place. Policy G16 states that the demolition of a building or part of a building will normally only be permitted where the proposal involves the demolition of a building or part of a building that it is not appropriate to repair or refurbish, would not have an unacceptable impact on a registered building; would not have an unacceptable impact on the character and amenity of the area and make adequate provision for the management of waste material Policy BE12 states that there will be an intention to negotiate a voluntary allocation of an appropriate percentage of design and development costs to the provision of public art. Policy IC2 confirms that the development of new offices and extensions to existing office accommodation will normally be permitted within the town centre provided that the proposal will make a positive contribution to the vitality, character and amenity of the area; is accessible; makes use of existing buildings where possible; is appropriate in scale, form, massing, density and design to the site and its context; will not result in the loss of a ground floor retail use; will not have an unreasonable effect on neighbouring uses and will not lead to the loss of residential units. IC13 – Protection and promotion of St. Helier for shopping. The role of St Helier as the main retailing centre of the Island will be protected and promoted where this is compatible with the goal of enhancing retail efficiency. Environmental enhancement, improvements to pedestrian safety and facilities for shoppers within the centre will be supported. Changes of use involving a loss of ground floor retail floor space within the core retail centre will not be permitted. The application falls to be considered in the context of the policies within the Jersey Island Plan 2011 which was adopted in June 2011. The key policies which are particularly relevant to this application are set out below, with a short assessment of whether the scheme is considered to comply. 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 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 office development, and the proposal makes it clear that it intends to be BREEAM “Very Good” within the constraints of what is achievable within the Island. Policy SP3 – Sequential Approach to Development – establishes a hierarchy of priorities for new office development in favour of development in the Town Centre and Esplanade. The application clearly accords with this priority. Policy SP4 – Protecting the Natural and Historic Environment – provides for a high level of protection for the Island’s natural and historic environment, including heritage assets (archaeology, historic buildings, structures and places) which contribute and define its unique character and identity. These issues are considered in more depth in later sections of this Report. Policy SP5 – Economic Growth and Diversification – gives a high priority to the maintenance and diversification of the economy, and supports the redevelopment of vacant and under-used existing employment land and floorspace for new employment uses. The proposal seeks to deliver a quantum of new employment land, on a site which is (in part) presently under-used. Policy SP6 – Reducing Dependence on the Car – applications for employment floorspace must be able to demonstrate that they will reduce dependence on the private car by providing for more environmentally friendly modes of transport. Whilst the submitted proposals indicate car parking spaces in the basement, a cycle parking area is also provided and given the close proximity to the bus station, the scheme is considered to reduce dependence on the private car. 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. The proposal includes a review of the condition of the existing structures and but no submitted case to demonstrate that their retention (including 2no. potential Listed Buildings) is not viable in the context of a scheme of this nature. 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. Policy HE 1 - Protecting Listed buildings and places states that here will be a presumption in favour of the preservation of the architectural and historic character and integrity of listed buildings and places and their settings. Proposals which do not preserve or enhance the special or particular interest of a listed building or place and their settings will not be approved. There are two elements to this assessment, being: - The pair of potential Listed Buildings at 8 and 9, where the façades will be retained, with the balance of the building removed;
- The impact of the development on the potential Site of Special Interest to the Commercial Street frontage.
The applicant is seeking to balance the treatment of the heritage issues with the wider benefits of the redevelopment proposal, and these issues are reviewed in more detail later in this Report. Objective EO1 – Office Policy – in support of assisting to retain the position of Jersey an international centre for finance and other business activities, the Island Plan has a main aim of ensuring that sufficient land and opportunities are available for further office space, and seeks to keep that space within the town centre. The application seeks to directly address this objective and delivers office accommodation, within the town centre. Policy EO1 – New Office Development – the policy supports the development of new offices in the town centre, subject to the GD1 criteria. The application accords with the spatial objectives of this policy. Policy ER 2 - Protection and promotion of St Helier for shopping confirms that the role of St Helier as the main retailing centre of the Island will be protected and promoted where this is compatible with the goal of enhancing retail efficiency. Environmental enhancement, improvements to pedestrian safety and facilities for shoppers within the centre will be supported. Changes of use involving a loss of ground floor retail floor space within the core retail centre will not be permitted. The site is located in close proximity to the proposed Waterfront development area which proposes a variety of mixed uses, including office development. Whilst opportunities are required to provide better linkages between the Waterfront and the old town, it is considered that there are better locations along The Esplanade than this site to provide those linkages. Given the aims of the Waterfront Masterplan to provide office buildings, it is considered that office accommodation in this location is appropriate. The loss of the retail use is contrary to Policy ER 2. Whilst the vitality and viability of the shopping area as a whole must be protected, it is considered that the loss of a small retail unit will not harm the retail core or character of the town. Policy BE5 – Tall Buildings – this policy states that tall buildings, defined as those above approximately 18m in height, or rising more than 7m above their neighbours, will only be permitted where their exceptional height can be fully justified in urban design terms [appropriateness to location and context; visual impact; impact on views; design quality and contribution to the character of St Helier]. It further states that development which exceeds the height of buildings in the immediate vicinity will not be approved. The development is considered to be appropriate in terms of height, scale and mass to its immediate neighbours and the street scene in general. Policy BE10 – Roofscape – the siting of roof plant, equipment or other structures will not normally be permitted, except in exceptional circumstances where it can be demonstrated that it cannot be located in the building envelope and subject to other detailed criteria. This application provides predominantly for plant within a covered enclosure on the roof as part of the overall design of the building. This is considered an appropriate solution. Policy TT4 - Cycle Parking - requires cycle parking provision in all new developments. The proposal includes cycle parking provision in accordance with Policy TT4. Policy TT7 – Better Public Transport – seeks to ensure that developers contribute to better public transport facilities and infrastructure. The site is directly opposite the best public transport facility in the Island at Liberation Bus Station. 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 not generate a significant 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. No details have been submitted with the application. 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 Plan is not a final document but concludes 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. 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. Whilst the proposal will be connected to the surface water sewer, this matter can be controlled by condition if appropriate. In summary, if the various policy considerations relevant to the principle of development on this site are reviewed, then the proposal performs well. It is considered to be a good town centre location for office use, the scheme has good environmental credentials in relation to the BREEAM ‘very good’ target, and it provides a top-quality office building. However, the delivery of the scheme does not directly synchronise with other policy objectives. In this regard, the delivery of the development in the proposed form causes conflict with policies which seek to preserve and protect Listed Buildings. Whilst it is acknowledged that the amendments to the proposals that remove the proposed terrace which previously cut into the rear roof slope leaving space within a new atrium between the new building and the warehouse on Commercial Street are acceptable, the proposal still fails to provide an adequate argument for the loss of the historic buildings at 8 and 9 Esplanade apart from the facades of those buildings. This is an intrinsic requirement of the Adopted Island Plan which confirms that there is a policy presumption in favour of the preservation of the island’s historic buildings. Accordingly, the Department considers that the application cannot be supported on these grounds. | 
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