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A decision made (20/04/2009) regarding: 102 Halkett Place, St. Helier - Convert retail to flat - Request for Re-consideration.

Decision Reference: MD-PE-2009-0069			Application Number: P/2008/2061 (If applicable)
Decision Summary Title :	102, Halkett Place, St. Helier		Date of Decision Summary:		6 April 2009
Decision Summary Author:	Kelly Johnson		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)		Public
Type of Report: Oral or Written?	Written and oral		Person Giving Oral Report:		Kelly Johnson
Written Report Title :	Request for Reconsideration		Date of Written Report:		24 February 2009
Written Report Author:	Kelly Johnson		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)		Public
Subject: 102, Halkett Place, St. Helier Convert retail unit into 1 No. flat. REQUEST FOR RECONSIDERATION of refusal of planning permission.
Decision(s): The Minister deferred the item from the Ministerial Meeting of 13 March 2009 for further explanation and detail on the town centre retail policy, BE3(ii) and IC13 of the Island Plan 2002. At the Minister’s internal Monday meeting on 6 April 2009, the case officer explained in detail the purpose of the town centre retail policy and explained that the applicant could reapply in the future if the boundaries of the town centre were redrawn to exclude this property in the redraft of the Island Plan. Having considered the detail and purpose of Policies BE3(ii) and IC13 of the Island Plan 2002 and noting the potential for the town centre boundaries to change in the redraft of the Island Plan, the Minister decided to maintain refusal of the application.
Reason(s) for Decision: The proposed development involves the loss of a ground floor retail unit to a non-retail use, contrary to Policy BE3(ii) and IC13 of the Island Plan 2002. The proposal fails to provide adequate standards of useable on-site amenity space for the proposed unit, contrary to the minimum standards set out in Planning Policy Note No 6 ‘A Minimum Specification for New Housing Developments’.
Resource Implications: None
Action required: Notify Agent, Applicant and all other interested parties
Signature:		PLeg / PT Initials		Position: Minister for Planning and Environment
Date Signed:				Date of Decision (If different from Date Signed):

102 Halkett Place, St. Helier - Convert retail to flat - Request for Re-consideration.

Application Number: P/2008/2061

Request for Reconsideration Report

Site Address	102, Halkett Place, St. Helier.

Requested by	HDM Property Ltd	Agent	ALLAN MILLER ARCHITECTS

Description	Convert retail unit into 1 No. flat. REQUEST FOR RECONSIDERATION of refusal of planning permission.

Type	Planning

Original Decision	REFUSED

Original Reasons for Refusal	1. The proposed development involves the loss of a ground floor retail unit to a non-retail use, contrary to Policy BE2(ii) of the Island Plan 2002. 2. The proposed development fails to meet the minimum standards for unit sizes, contrary to Planning Policy Note No 6 'A Minimum Specification for New Housing Developments' and Policies G2 and H8 of the Island Plan 2002. 3. The proposal fails to provide adequate standards of usable on-site amenity space for the proposed unit, contrary to the minimum standards set out in planning Policy Note No.6 ‘A Minimum Specification for New Housing Developments, February 1994’ and Policies G2 and H8 of the Island Plan 2002.

Determined by	Delegated Refused

Date	03/12/2008

Zones	Built-Up Area Town Centre Town Map Area

Policies	G2 General Considerations BE2 Proposal within the Town of St Helier BE3 Town Centre Vitality H8 Housing Development within the Built-Up Area IC13 Protection and Promotion of St Helier for Shopping

Recommendation

Maintain Refusal

Comments on Case	The proposal involves the change of use of a ground floor retail unit within the Town Centre into a residential unit. Policy BE3(ii) resists the loss of ground floor retail units to non-retail uses within the Town Centre. This retail policy is to ensure the viability and vitality of the Town Centre of St Helier and to protect the Town Centre as the main retailing centre of the Island. This policy is also supported by Policy IC13 which specifically states the change of use involving a loss of ground floor retail space within the Town Centre will not normally be permitted. The agent argues that due to the location of the existing retail unit, there is little footfall and the premises has been closed for the last three years. The agent argues that Halkett Place is not within the core shopping area and believes that the general trust of shopping expansion is in a southerly direction, away from the subject location. Policy BE3(ii) and IC13 and the protection of the Town Centre for ground floor retail uses is a long-standing policy that is consistently applied through the Town Centre. It protects the Town Centre from creeping non-active frontages and promotes vibrant activity. In accordance with Planning Policy Note No 6 ‘A Minimum Specification for New Housing Developments’, the proposed residential unit will have a potential occupancy of 4 persons and is therefore required to be a minimum of 70m2. However the Minister has recently required new residential unit to exceed the minimum standards by 10%, meaning that the proposed unit is required to be at least 77m2 in area. The proposed residential unit is 83m2. In accordance with Planning Policy Note No 6 ‘A Minimum Specification for New Housing Developments’, the proposed residential unit requires a minimum of 20m2 of private outdoor amenity space. The proposal provides a rear patio area of just under 13m2, which represents a shortfall of the minimum standards by 7m2.

Recommendation	Maintain Refusal

Reasons	1. The proposed development involves the loss of a ground floor retail unit to a non-retail use, contrary to Policy BE3(ii) and IC13 of the Island Plan 2002. 2. The proposal fails to provide adequate standards of usable on-site amenity space for the proposed unit, contrary to the minimum standards set out in planning Policy Note No.6 ‘A Minimum Specification for New Housing Developments, February 1994’ and Policies G2 and H8 of the Island Plan 2002.

Background Papers	1:2500 Site Plan Case officer assessment sheet Agent’s Request for Reconsideration copy of email chain

Endorsed by		Date