Reason(s) for Decision: Reason For Approval Planning Permission has been granted following careful consideration of the scheme, its history, the plans and documents submitted, the relevant policies of the Island Plan and the consultation responses and representations received. It is recognised that the site lay within the Green Zone in the 2002 Island Plan, wherein Policy C5 set a general presumption against development. This did not however preclude development, and in all cases the merits of a scheme and all material planning considerations must be taken into account. In the Green Zone the key issue was the impact upon the landscape. Replacement buildings, as proposed here, have historically been allowed where it has been considered that the proposed scheme would have a positive or no detrimental impact upon the landscape. The requirements of 2002 Island Plan Policies G2 (General Development Considerations), G3 (Quality of Design) and G15 (Replacement Buildings) have also been considered. Since the application was first submitted and considered acceptable by the Planning Applications Panel, the 2011 Island Plan has been adopted and the site now lies within the Coastal National Park. Policy NE6 sets the strongest presumption against development and gives the park the highest level of protection. The Policy does however allow for replacement residential buildings as an exception provided set criteria are met, including achieving environmental gains, restoration of landscape character, a reduction in visual impact and an improvement in design. The requirements of policies GD1, GD2, and GD7 have also been taken into account. Particular attention has been paid to the specific context of this site. This site is part of a distinct built up ribbon of dwellings fronting the road. It is not an isolated coastal site nor does the application propose new development of a vacant or undeveloped site in open countryside; the site already accommodates a residential dwelling within a group of residential dwellings, and the proposal is to replace it with another, single dwelling, facing the road. This proposal does not extend the existing ribbon of development nor does it involve development outside the line of existing buildings or the residential curtilage of the site, and it is considered that the high quality design of this proposal will improve the architectural quality of the group. Within the ribbon of development there is considerable variety with regard to the scale and style of the existing buildings, including single-storey and two-storey properties, and it is not therefore considered that a two storey development of this site is out of keeping within this context. Moreover, the proposed building has been improved, and its mass better broken up than the previous refused scheme. The majority of buildings in the ribbon sit above road level and due to the slope of the land many have domestic garages, driveways, or retaining walls between them and the road, some of which would not satisfy the Minister's current design standards. Whilst the building proposed has a larger floor area than that existing, this is mainly achieved not by building forwards in front of the building line, nor upwards so that it is taller than other buildings. Indeed the top of the building is lower than the ridge of the existing building. The increase in floor area is primarily achieved by lowering the level from that of the existing house and creating a second floor of accommodation in place of the mass of the existing pitched roof. This scheme has addressed the overlooking impact on adjoining properties and whilst it will clearly be visible from the west facing window in the side elevation of the house to the east, it is not considered that the impact on that property is so great that it justifies the refusal of Planning Permission. The scheme will provide improved parking, turning and visibility arrangements, reducing the pressure for on-street or verge car parking, and improving highway safety. A Condition is also imposed requiring the rear of the site to be landscaped to achieve a more natural and sympathetic appearance than is evident where other gardens have been extended. The front area of the site will be re-landscaped with materials which will reduce the visual impact of the development, when compared to the existing situation. Overall therefore it is considered that the proposed scheme will achieve architectural, environmental and highways improvements, and that it will enhance the existing built up ribbon of development, the site and its setting, rather than detract from them, and achieve a more environmentally efficient building. It is accepted that the application proposes a degree of excavation which is a cause of concern for some neighbours. The application has reduced the extent of excavation from the previous refused application, thereby reducing the potential impact on adjoining properties. In addition a Construction Environmental Management Plan has been required by a Condition on the Permit. All development however has some potential short term impact upon adjoining properties during the process of construction. It is not the purpose of the Planning Law to prevent development where there is the chance of some impact on adjoining properties during construction. To do so, would prohibit nearly all developments. It is the responsibility of the applicant to ensure that the works do not cause damage to any other property, whether Planning Permission is granted or not. Conditions: 1. The development hereby approved shall be carried out entirely in accordance with the plans and documents permitted under this permit. No variations shall be made without the prior written approval of the Minister for Planning and Environment or an authorised officer of the Development Control section of Planning and Building Services. 2. The architect appointed in the development of the scheme hereby approved, or any other architect as may be approved in writing by the Minister, shall be retained throughout all the construction phases of the development. Prior to the occupation of the development, the architect must give written confirmation to the Minister that he or she is satisfied that the development, including the landscaping, has been completed in accordance with the approved plans and that the quality of the materials and workmanship are of the highest possible order. 3. Prior to the commencement of the development hereby permitted, samples of all of the external materials to be used shall be submitted to, and approved in writing by, the Minister for Planning and Environment. This shall include the windows, doors and garage gate. High quality photographic evidence (including product literature) may be sufficient for some items. 4. Prior to the commencement of any development on the site (including demolition or site clearance), a comprehensive Construction Environmental Management Plan shall be submitted to, and agreed in writing by, the Minister for Planning and Environment. Such a plan will set out how the development shall be constructed with particular attention paid to the control of any disturbance which may be caused to adjoining properties through noise, dust and vibration; the plan shall also establish how communication with neighbours will be maintained. The approved plan shall be adhered to at all times unless specific written authority is given for a deviation from the plan. 5. Construction operations on site shall not be undertaken outside of the following hours; 08:00 - 17:30 Monday to Friday.There shall be no construction work undertaken on weekends or public holidays. 6. Prior to the commencement of the development hereby approved, a full method statement in respect of the excavation and engineering work to be undertaken, shall be submitted, and approved in writing by, the Minister or other authorised officer. Such a statement shall indicate what measures are to be taken to ensure that no damage (through vibration or impact) will occur to the structures of any nearby neighbouring residences. Such a method statement, as may be approved, shall thereafter be adhered to as part of the ongoing development works. 7. Prior to the first occupation of the dwelling hereby approved, the site shall be landscaped in accordance with a scheme to be submitted to and agreed in writing by the Minister for Planning and Environment. Whilst the front (north) side of the site can be landscaped in a domestic fashion, the rear (south) shall be re-landscaped with suitable indigenous species to give a natural, rather than a domestic, appearance, so as to match the wider natural character of the area. This area shall not therefore be considered as part of the residential curtilage of the dwelling, and the distinction between the usable residential curtilage and the area to be landscaped in a more natural fashion shall be clearly shown on the landscaping plan. 8. All planting and other operations comprised in the landscaping scheme approved under this permission in accordance with Condition no. 7 above, shall be carried out and completed prior to the occupation of the development. 9. Prior to the first occupation of the development hereby permitted, visibility sight lines must be provided in accordance with the approved drawings. Everything within the visibility sight lines (including any gates, walls, railings and plant growth) is to be permanently restricted in height to 900mm above road level. 10. Notwithstanding the provisions of the Planning and Building (General Development) (Jersey) Order 2011, or any amendment thereto or replacement of that order, no works involving the erection of a building, extension, structure, gate, wall, fence (or other means of enclosure), tank, the creation of any new openings in the external fabric of the building (or the replacement of any windows with doors or vice versa), any excavation, or the introduction of any hardstanding to any ground surface, other than those shown on the drawings approved with this permission, is permitted without the prior approval of the Minister for Planning and Environment. 11. Notwithstanding the details submitted, only the area outlined in red on the location plan is authorised residential curtilage. The area outlined in blue is not. Reasons 1. To ensure that the development is carried out and completed in accordance with the details approved by the Minister for Planning and Environment. 2. To ensure that the highest quality of materials and workmanship are used in order that the original design concept is not diluted to the detriment of the development. , 3. The execution of this development is considered to be critical to its success, and the Minister wishes to be assured as to the quality of these details. 4. The development is in close proximity to adjoining dwellings in an area with little background noise and vibration, and, in these circumstances, it is required that special attention be paid to how the development can be implemented in a way which minimises the impact on adjoining properties. The applicant is recommended to consult with the Environmental Health Officer in producing the Construction Environmental Management Plan prior to its submission to the Minister. 5. In the interests of the amenity of neighbouring properties. 6. To ensure that the works do not damage any nearby neighbouring residences. 7. Whilst the proposed building will form part of a distinct built up ribbon of development, the context of this site is more natural. As part of the enhancement of the site achieved by the development, the Minister requires that the site be suitably landscaped, and in particular that the area to the rear of the building be improved to give a natural setting to the site in the interests of the character of the area. 8. To ensure that the benefits of the approved landscaping scheme are not delayed and consequently make an early contribution to the amenity of the site in the interests of sustaining and enhancing landscape quality. 9. In the interests of highway safety. 10. Owing to the prominence and location of the site, together with the design concept of the new dwelling, the Minister wishes to retain strict control over the form of any additional development which may be proposed. 11. For the avoidance of doubt and to ensure that this area does not become manicured or have the apperance of a domestic area, which would be detrimental to the character of the area. | 
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