Release of 15 homes for occupancy from Category A Housing Development at Bel Royal (16.09.08)

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A decision made (16.08.09) to release 15 homes for occupancy from category A Housing Development at Bel Royal

Decision Reference: MD–PE–2008-0202
Decision Summary Title :	DS – Category A Housing Development at Bel Royal – Request to release 15 homes for occupancy		Date of Decision Summary:	15th September 2008
Decision Summary Author:	Roger Corfield Principal Planner: Policy and Projects		Decision Summary: Public or Exempt?	Public
Type of Report:	Oral		Person Giving Oral Report:	Roger Corfield, Principal Planner
Written Report Title :	N/A		Date of Written Report:	N/A
Written Report Author:	N/A		Written Report : Public or Exempt?	N/A
Subject: A request by the developer to permit the early release of 15 homes for occupancy, using a temporary foul drainage system, and to vary planning conditions (attached to Planning Permit P/2006/2489), which currently require actions prior to first occupancy and which have not been fully discharged. The request has been made in order to avoid the loss of mortgage offers to 15 potential purchasers, which will expire during the months of September through to November 2008. The homes in question include plot numbers 50, 52-58, 60, 62, 76, 90, 91, 94 and 96.
Decision(s): The Minister for Planning and Environment decided to: (1) grant the request; (2) vary Planning Condition No. 31 (Noise Exposure) to allow compliance with the requirements for an approved Noise Protection Scheme and the implementation of that scheme “prior to the occupation of the development hereby permitted, with the exception of plot numbers 50, 52-58, 60, 62, 76, 90, 91, 94 and 96.” (3) further vary Planning Condition No. 31 (Noise Exposure) to make it clear that units 50, 52-58, 60, 62, 76, 90, 91, 94 and 96 “shall be made to comply fully with the approved Noise Protection Scheme.” (4) vary Planning Condition No.14 (Security of rear access paths) to require the approval of details “prior to the occupation of the development hereby permitted, with the exception of plot numbers 50, 52-58, 60, 62, 76, 90, 91, 94 and 96.” (5) vary Planning Condition No.55 (Foul Drainage) to read as follows: “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 the 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.” (8)instruct the Law Officers’ Department to prepare a modification to the existing ‘Planning Obligation Agreement’, to reflect the above decisions, and circulate to the developer (Bel Royal (Jersey) Ltd) and the Minister for Planning and Environment for agreement and signature. (9) delegate responsibility for signing the Modification to the Planning Obligation Agreement to the Director of Planning.
Reason(s) for Decision:  To avoid the expiry of existing mortgage offers for 15 approved purchasers at the above site, in hardening economic conditions, which would necessitate the negotiation of new terms that would be highly likely to preclude the people in question from completing their purchases;  To assist in making available affordable first-time buyer homes;  To regularise the current position so that the developers and the 15 purchasers in question will not be in breach of the planning conditions and obligations to which the approved development is subject; and  To ensure that, whilst allowing for the early occupancy of 15 homes, the conditions attached to the grant of planning permission and the clauses in the associated Planning Obligation Agreement remain fair, reasonable and appropriate and continue to: · Ensure adequate provision for the disposal of foul water; · Protect the amenities of future occupants of the approved properties; and · Ensure secure controlled access to private rear gardens and courtyards.
Resource Implications: None
Action required: Vary conditions and issue revised permit. Instruct the Law Officers’ Department to prepare a modification to the relevant Planning Obligation Agreement, for signature by the developer (Bel Royal (Jersey) Ltd) and by, or on behalf of, the Minister (N.B. Prior to registration in the Public Registry of Contracts. Inform the land owner and local political representatives.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed): 15/9/08