Category 'A' Housing Development at Bel Royal

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A decision made (05/12/2008) regarding: Category 'A' Housing Development at Bel Royal - Request to vary condition.

Decision Reference: MD–PE–2008-0261

Decision Summary Title :

DS – Category A Housing Development at Bel Royal – Request to vary condition 55

P/2006/2489

RC/2008/2271

Date of Decision Summary:

28th November 2008

Decision Summary Author:

Roger Corfield

Principal Planner: Policy and Projects

Decision Summary:

Public or Exempt?

Public

Type of Report:

Written and Oral

Person Giving Oral Report:

Roger Corfield,

Principal Planner

Written Report

Title :

WR – Category A Housing Development at Bel Royal, St. Lawrence – Request to vary Planning Condition 55 (Foul Drainage).

Date of Written Report:

28th November 2008

Written Report Author:

Roger Corfield

Principal Planner: Policy and Projects

Written Report :

Public or Exempt?

Public

Subject: An application from the developer vary Planning Condition No.55 to allow for the option of an alternative route for the required rising main from the foul pumping station on the housing site to the main Public gravity sewer via Rosedale Avenue. Instead of Le Perquage Walk.

Decision(s):

The Minister for Planning and Environment decided to:

(1) approve the application to vary planning condition no. 55.

(2) attach TTS(Highways) comments / requirements to the permit as an informative.

Reason(s) for Decision:

 To increase the options for ensuring adequate provision for the permanent disposal of foul water from the housing site;

 To assist the timely implementation of necessary permanent foul drainage infrastructure;

 To help obviate unnecessary delays in completing and occupying much needed affordable homes on land zoned specifically for the purpose;

 To help ensure that the conditions attached to the grant of planning permission remain fair and reasonable in the light of changing circumstances.

Resource Implications:

None

Action required:

Inform the developer, local political representatives and the Law Officers’ Department of the Minister’s decision.

Signature:

Position:

Date Signed:

Date of Decision (If different from Date Signed):

Category 'A' Housing Development at Bel Royal - Request to vary condition.

Date: 28/11/08

PLANNING AND ENVIRONMENT

Category A Housing Development at Bel Royal, St. Lawrence –

Request to vary Planning Condition 55 (Foul Drainage)

Purpose of the Report

To consider an application from the developers (Bel Royal (Jersey) Ltd) to vary Planning Condition No.55 to provide the option of alternative routing for the foul drainage connection to the public gravity foul sewer via Rosedale Avenue.

Background

1. On 21st March 2007, the Minister for Planning and Environment (The Minister) decided to grant planning permission for development at the site comprising Alternative route by excavation in the north footway to the existing duct location is possible, subject to streetworks approval minimising traffic disruption.”

There are a number of other technical matters (some more obvious than others) which are worthy of consideration in relation to the current application:

· Both the approved and proposed foul drainage arrangements make connections to same Public Sewer which are only a few meters apart and the loadings would be exactly the same;

· The existing spur was constructed specifically to allow future provision / connection when the public sewer was constructed in the 1950’s.

· The spur has sufficient capacity;

 the proposed new route for the rising main would mean there would be no Public adoptions other than the road crossing, leaving long term responsibility for management and maintenance largely in private hands.

In the circumstances, there seems no reason why the Minister should not approve the proposed variation to Planning Condition No.55.

If he does so, it will still remain a requirement of the planning consent that no further dwellings shall be occupied until foul drainage works to serve the development (including a link to the public foul sewer) have been constructed and completed to the extent necessary to permit occupation, to the satisfaction of the Minister in consultation with TTS(Drainage).

Legal implications

There are no substantive legal implications associated with varying the condition as proposed.

In any event, the decision of the Minister is purely permissive and does not override requirements under other laws or private property restrictions should there be any.

It is not envisaged that there will be any requirement to modify the relevant Planning Obligation Agreement.

Consultation

As alluded to earlier, prior to the application, the matter has the subject of consultation with the developers who, in turn, have consulted with TTS(Drainage) and TTS(Streetworks).

For the purposes of processing the application there have been formal consultations with TTS(Drainage) and TTS(Highways).

Representations

The Department has received one written representation in connection with this application. The resident in question resubmitted a copy of a letter he had originally written in December 2003 in response to the draft development brief and the initial sketch scheme for 150 homes. He did so to highlight / reiterate his comments about

Rosedale Avenue

being a private avenue maintained by the property owners and mostly on land that was purchased by the builders F.W. Le Gros & Sons when building the six pairs of houses in 1965. At the time he expressed concerns at the legality of using

Rosedale Avenue

as a footpath by others.

Recommendation

The Minister for Planning and Environment decided to:

(1) approve the application to vary planning condition no. 55.

(2) attach TTS(Highways) comments / requirements to the permit as an informative.

Reason(s) for Decision

 To increase the options for ensuring adequate provision for the permanent disposal of foul water from the housing site;

 To assist the timely implementation of necessary permanent foul drainage infrastructure;

 To help obviate unnecessary delays in completing and occupying much needed affordable homes on land zoned specifically for the purpose;

 To help ensure that the conditions attached to the grant of planning permission remain fair and reasonable in the light of changing circumstances.

Action Required

 Inform the developer, local political representatives and the Law Officers’ Department of the Minister’s decision.

Written by:	Roger Corfield, Principal Planner – 28th November 2008

Approved by:	Kevin Pilley, Assistant Director – Policy and Projects

Endorsed by:

Attachments:

· Appendix 1: Planning Condition No.55 (Foul Drainage).

· Appendix 2: Letter from TTS(Drainage) to developer, dated 15th September 2008.

· Appendix 3: Cover letter from the developer for the application, dated 10th October 2008.

· Appendix 4: Formal comments of TTS(Drainage), dated 23rd October 2008.

· Appendix 5: Formal comment of TTS(Highways), dated 12th November 2008.

File ref: P/2006/2489

APPENDIX 1: PLANNING CONDITION No.55 (Foul Drainage)

No dwelling shall be occupied until the foul drainage works to serve the development have been designed, constructed and completed to the extent necessary to permit occupation and enjoyment of that particular dwelling unit, to the satisfaction of the Minister for Planning and Environment, in consultation with Transport and Technical Services(Drainage). Prior to the completion of the development hereby permitted, the foul pumping station shall be designed and constructed to the specification of Transport and Technical Services(Drainage) and connected to the 27 inch public gravity foul sewer adjacent to the sea wall. The southern end of the proposed pumped foul rising main connection to the foul sewer shall be routed / laid along Le Perquage Walk and not through the private garden of ‘Brookside’. For the avoidance of doubt, the foul water disposal shall meet the requirements set out in the comments sheet from PSD(Drainage) dated 13th October 2005 and the additional comments set out in the letter from TTS(Drainage) dated 5th December 2006 (see attached).

Units 50, 52-58, 60, 62, 76, 90, 91, 94 and 96 may be occupied in advance of the remainder of the development and of the completion of the approved foul drainage system, provided the sewage waste from these units is discharged through the permanent foul drainage system into a temporary storage tank / tight-tank formed from an adaptation of the approved foul pump station and with suitable provision for emptying the tank. Any such temporary arrangement shall be designed and implemented to the satisfaction of Transport and Technical Services(Drainage) and the Building Control Department.

N.B. The current application to vary the condition involves deleting the highlighted text.