Vacant Plot, Les Fonds de Longueville, Grouville: Planning Application (P/2013/1691): Determination of Planning Application

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A decision made 15 August 2014:

Decision Reference: MD-PE-2014-0066			Application Number: P/2013/1691
Decision Summary Title	Vacant Plot, Les Fonds de Longueville, Grouville		Date of Decision Summary:		4th April 2014
Decision Summary Author:	Planning Officer		Decision Summary: Public or Exempt?		Public
Type of Report:	Written and Oral		Person Giving Oral Report:		Planning Officer
Written Report Title:	P/2013/1691		Date of Written Report:		March 2014
Written Report Author:	Planning Officer		Written Report : Public or Exempt?		Public
Subject: Vacant Plot, Les Fonds de Longueville, Grouville, Jersey, Construct 1 No. dwelling.
Decision(s): The Minister resolved to Approve Planning Application P/2013/1691, subject to Conditions, without delivery of a Planning Obligation Agreement (P.O.A.).
Reason(s) for Decision: Further to Ministerial Decision reference MD-PE-2014-0036, the Parish of Grouville have now concluded that the foot path located to the rear north of the Vacant Plot, Les Fonds de Longueville, Grouville, is not in Parish ownership, having previously stated it was a public foot path. Subsequent discussions with the Law Officers’ Department concluded that the delivery of the P.O.A. for the recovery of the landowner’s section of the foot path, requested as part of the terms of the Decision Notice, is likely to be untenable given that the foot path is not owned by a public authority. Given the administrative difficulties attached to the recovery of a foot path which sits outside public ownership it is proposed that the P.O.A. requirement, detailed on MD-PE-2014-0036, be removed entirely from the proposed Decision Notice.
Resource Implications: None
Action required: Notify Agent, Applicant, Law Officers’, and all other interested parties and proceed to issue Decision Notice.
Signature: Deputy R C Duhamel		PLeg / AS Initials		Position: Minister for Planning and Environment
Date Signed:				Date of Decision (If different from Date Signed):

Vacant Plot, Les Fonds de Longueville, Grouville: Planning Application (P2013/1691): Determination of Planning Application

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

Report for Ministerial Meeting

Site Visit

1. Application Number

P/2013/1691

2. Site Address	Vacant Plot, Les Fonds de Longueville, Grouville.

3. Applicant	Mr C. Bestwick

4. Description	Construct 1 No. dwelling.

5. Type	Major Application

6. Date Validated	02/12/2013

7. Zones & Constraints	Eastern Cycle Route Corridor Green Zone Primary Route Network
Summary	In considering this application for a new dwelling in the countryside the history of development proposals must be acknowledged and to date the scheme as presented is by far the most evolved in terms of best practice, offering a good design with commendable ‘green credentials’. Further, the applicant makes justification for an exception to the presumption against development in the Green Zone based on several key points:- The previous application for a new dwelling on the site was supported by the planning panel (5:2) who considered the site to be suitable for development contrary to the Island Plan. The Minister argued that a more sustainable build should be considered for the site. The proposals will include the recovery of the footpath which runs along the northern side of the site linking Les Fonds de Longville with the water fountain on Les Cabots. The proposals have strong ‘green credentials’ and are very much a sustainable design approach. Notwithstanding the applicant’s statement of intent in terms of justification for an exception to be made to allow development to occur in the ‘Green Zone’ the fact remains that this site has only recently formed part of a rigorous public consultation process whereby the Planning Inspectors rejected rezoning the site into the Built-Up Area. Whilst the justification raises several commendable design approaches, this argument is not considered sufficient to overcome the general presumption against all forms of development in the ‘Green Zone’. There are many sites similar to this within the Green Zone and the potential for precedent should not be overlooked.
Department Recommendation	Refusal of this application is therefore recommended for the reason identified in this Report.

8. Site Description & Existing Use	The application site is an undeveloped plot of land bordered by detached residential dwellings on all sides except for the western elevation which fronts onto the foot of Les Fonds de Longueville, Grouville.

9. Proposed Development	The application is for the construction of new two storey four bedroom dwelling, to be located to the northern boundary of the site.

10. Relevant Planning History	P/2012/1069 - Refusal Notice issued: 15th November 2013 to:- Construct 1 no. detached dwelling. Appealed through the RFR process and considered by the Panel who were minded to approve the scheme. The application was then referred to the Minister as the Panel’s recommendation ran contrary to that of the Officer recommendation. The Minister ultimately upheld the Officer’s recommendation to refuse the application. However, the Minister did invite post decision discussion, without prejudice or guarantee, regarding the development scope for this Green Zone site in the form of an ‘eco’ build. P/2011/0441 - Refusal Notice issued: 7th July 2011 to:- Construct 1 no. dwelling. RFR Decision maintained 27th October 2011. P/2008/2130 - Planning Permit issued: 30th March 2009 to:- Create vehicular access. (Not fully implemented. Note that area of grass has been cut back but no evidence of hard standing or implementation of road side walls). P/2007/0126 - Refusal Notice issued 28th March 2007 to:- Construct two three bedroom first time buyer dwellings with vehicular entrance. P/2004/0567 - Refusal Notice issued 10th May 2004 to:- Construct 2 no. three bedroom dwelling with integral garage.

11. Consultations

The Parish were consulted on 17th December 2013 and advise that their comments of 29.08.12 for previous planning application P/2012/1069 remain. Their comments stated that the Parish:- “Support the proposal as the applicant’s have outlined an intention to repair and existing public pedestrian right of way access located to the north of the site which is welcomed by the Parish. The Parish do not therefore oppose the application.”

All consultations are attached with the background papers

12. Representations

No representations regarding this application have been received.

13. Planning

Assessment

a) Overarching policy constraints

Background

Policy H3 (14) of the former 2002 Local Plan noted that this was a site for consideration of category A housing. However, it was subsequently noted that on the current Adopted Island Plan, 2011 that the site had been designated as Green Zone (Policy NE7).

Comments from the Policy Team in June 2011 (P/2011/0441) confirmed that: “As part of the recent Island Plan Review, Policy H3 and H4 sites were assessed using the Island Plan spatial strategy. The majority of sites, including this one, failed to meet the sequential test of the strategy and the Minister subsequently instructed their removal from what was at the time the draft Island Plan, 2011”, now adopted.

Therefore, the site’s consideration as an independent housing plot was found to be unsuitable in this location. Further, the adopted Island Plan, 2011 has been through a rigorous public consultation and the Planning Inspectors have considered many similar small rural parcels of land for development, however, all have been rejected in favour of maintaining the strong presumption against development in the countryside.

NE7 - Green Zone - The Policy states the area will be given a high level of protection and there will be a general presumption against all forms of new development for whatever purpose.

Proposals for new developments which must occur outside the Built-up Area will only be permitted in the Green Zone where it is demonstrated that there are no suitable alternative sites and, wherever possible, new buildings should be sited next to existing ones or within an existing group of buildings.

(The issues relevant to this assessment are considered in the later section of this Report).

Policy GD 1 - General development considerations -Development proposals will not be permitted unless the following criteria are met such that the proposed development;

1. contributes towards a more sustainable form and pattern of development in the Island in accord with the Island Plan strategic Policy SP 1 'Spatial strategy'; Policy SP 2 'Efficient use of resources'; and Policy SP 3 'Sequential approach to development'; and in particular it;

a. will not replace a building that is capable of being repaired or

refurbished ( 'Demolition and replacement of buildings');

b. where possible makes efficient use of construction and demolition materials to avoid generation of waste and to ensure the efficient use of resources (Policy WM 1 'Waste minimisation and new development');

c. encourages energy efficiency through building design, materials,

layout and orientation (Policy SP 2 'Efficient use of resources');

d. is adequately serviced and includes the provision of satisfactory mains drainage (Policy LWM 2 'Foul sewerage facilities') and other service infrastructure.

e. improves facilities for the storage and collection of refuse, including recyclables (in accord with WM5).

(The issues relevant to this assessment are considered in the later section of this Report).

Policy SP 2 - Efficient use of resources - Development should make the most efficient and effective use of land, energy, water resources and buildings to help deliver a more sustainable form and pattern of sustainable development and to respond to climate change. In particular;

2 Island Plan Strategic Policy Framework

1. the proposed provision of new development, its spatial distribution, location and design should be designed to limit carbon emissions;

2. new development should be planned to make good use of opportunities for decentralised and renewable or low carbon energy;

3. new development should be planned to minimise future vulnerability in a changing climate;

4. new development should secure the highest viable resource efficiency, in terms of the re-use of existing land and buildings; the density of development; the conservation of water resources and energy efficiency.

(The issues relevant to this assessment are considered in the later section of this Report).

Policy SP 7 - Better by design - All development must be of high design quality that maintains and enhances the character and appearance of the area of Jersey in which it is located.

The various components of development, including:

layout and form;
elevational treatment and appearance
density and mix
scale: height and massing
external elements, and landscaping; and
architectural detail and materials
will be assessed to ensure that the development proposed makes a positive
contribution to the following urban design objectives:
local character and sense of place
continuity and enclosure
quality of the public realm
ease of movement and permeability
legibility
adaptability
diversity
safety by design

Applications must, where appropriate, be accompanied by a Design Statement to demonstrate and explain how the principles of good design have been incorporated into the development proposal.

(The issues relevant to this assessment are considered in the later section of this Report).

Policy TT 3 - Cycle routes The development of off-road cycle facilities and on-road treatments that support and contribute to the objective of providing a strategic cycle route linking the east of the Island and St Helier and / or which supports or contributes to the development of off-road cycle facilities and on-road treatments that link residential areas with local community facilities anywhere in the Island, will be supported.

Applications for large new developments, such as housing, shopping, employment, health or leisure proposals in the Eastern Cycle Route network area, as defined on the Proposals Map, will be assessed to determine their potential to contribute towards the further development of the Eastern Cycle Route network and may be required to contribute directly through the provision of a section of cycle path, or to enter into an agreement to make an appropriate

financial contribution to the development or enhancement of the network.

In considering this application for one new unit of accommodation the scheme proposed is not of a sufficient scale to merit a financial contribution toward the further development of the Eastern Cycle Route.

b) Scale

Form, Siting & Design

The proposed scheme is for a two storey house with a central atrium to be located along the northern boundary of the site. An attached single storey double garage is proposed to the west of the site and a single storey extension will be located along the eastern perimeter of the site. The centre of the plot will be a lawned amenity area with the forecourt and vehicular turning area located to the west of the site.

The design of the new dwelling has been led by sustainability considerations and ‘green initiatives’ with a shallow plan form to maximise natural light and ventilation and a south facing aspect to maximise solar gains. The five sustainable technologies selected are:-

Solar thermal panels.
Rain water harvesting to provide irrigation to the garden and supply the toilet cisterns for WC flushing.
Heat recovery ventilation, to provide air circulation and venting in all wet rooms and a supply air terminal in all habitable rooms. Also included will be a heat exchanger to recover waste heat being discharged.
An air source heat pump system, to provide heating to the ground floor and to the domestic hot water cylinder.
A multi fuel stove to heat the living room.

Further, the fabric of the building has been thermally increased to limit the operation of the heat pump and to enable the heat pump flow temperatures to be dropped to a minimum.

Materials include solar screening to reduce overheating and timber louvres on the atrium and bedroom study with a jettied first floor over the living area and a solid projection over the garage to provide shelter in bad weather.

c) Impact on the Landscape/Street

The surrounding locality is rural in character with pockets of residential development consisting of low-rise dwellings which in the main are single storey chalets and two-storey detached properties with front and rear gardens. Some are constructed onto the back edge of the highway, most appear to have off street parking by way of garages and forecourt parking.

The new building will be read as two storey’s with a pitched roof similar to others in the hamlet, built into the contours of the land. The mono-pitched sedum roofs along the eastern boundary will help minimise the visual impact for neighbours and blend the scheme into the landscape.

d) Impact on Neighbours	The siting of the dwelling has taken into consideration the light, views and privacy of the neighbouring properties whilst managing to maximise direct sun light to the internal areas of the new unit. Further, first floor windows will face onto the gable end of nearest adjacent building on the south boundary and as the property, Panorama, is set at a higher level than the proposed dwelling to the north there will be no detrimental impacts on the occupiers amenities.

e) Access, Car Parking & Highways Considerations	The new unit will provide parking for up to four vehicles and also allows for a generous vehicular turning area in front of the garage within the boundary of the site. The car parking provision accords with Parking Guidelines - Planning Policy Notes No. 3 and Policy GD1 of the Adopted Island, 2011.

f) Foul Sewage & Surface Water Disposal	The site is able to connect to the main foul sewer.

g) Landscaping	The foot print of the house (172sqm) is a third of the size of the site (526sqm) leaving two thirds of the site as open space for gardens; planting vegetable and parking. The ‘stacked’ design is against the highest part of the site to help it blend in within the surrounding context of development.

h) Planning Obligations

If approved, a Planning Obligation Agreement (P.O.A.) would be required to deliver the recovery of the foot path that links Les Fonds de Longueville with the water fountain on Les Cabots.

i) Other Matters

The recovery of the foot path will improve the public realm and encourage walking. Planting and additional steps will also improve the quality of the west end of the footpath and planting on the metre wide strip between the building and the path will create a sense of width.

The previous application to construct a two storey detached house of simplistic urban style was supported by the Planning Panel (5:2). The Panel considered the site suitable for development contrary to the Island Plan.

The Planning Minister argued that a more sustainable building should be considered for the site. The implication is that such a building would provide additional justification for departing from the presumption against development in this zone.

14. Conclusion

It is noted that this site has in the past been subject to four separate planning applications for the construction of residential development, the earliest dating back to 2004 and the most recent in 2012 which was subject to an appeal through the Request for Reconsideration process. All four applications were refused due to the general presumption against all forms of development for whatever purpose in this zone.

Whilst justification for the currently proposed new unit of accommodation is primarily based on its ‘green credentials’ the fact remains that this site is located within the ‘Green Zone’.

Further, it is also noted that impacts on the surrounding context of development would be minimal given that the, design, scale and siting of the new development would be located next to residential properties which are of a mixed architectural vernacular. Also the new unit would be located at a comfortable distance from the southern boundary of the site so as not to cause undue impacts on surrounding residents private amenities.

However, given the presumption against new development in the Green Zone the ‘green credentials’ offered are not considered to go far enough in making a convincing argument to justify an exception to be made to Policy NE7 in this instance.

15. Department Recommendation	Refusal of the application.

16. Reason(s)	The proposal would result in new residential development within the 'Green Zone' where a high level of protection against all forms of development is maintained. The development would therefore result in incremental harm to this important zone by reason of infilling a significant open space, detrimental to the character of the area and contrary to Policies NE7, SP2, SP7 and GD1 of the Adopted Island Plan, 2011.



18. Background Papers	1:2500 Location Plan Consultation letter from the Parish - 29.08.12