Shiraz Lodge, Belvedere Hill, St. Helier

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A decision made (01.08.06) to remove condition 1 for Shiraz Lodge, Belvedere Hill, St. Saviour.

Subject:	Shiraz Lodge, Belvedere Hill, St Helier
Decision Reference:	MD-PE-2006-0180	Exempt clause(s):		n/a
Type of Report (oral or written):	written	Person Giving Report (if oral):		n/a
Telephone or e-mail Meeting?	n/a	Report File ref:		PB/2001/3348
Written Report Title:	Request for Reconsideration of removal of condition 1 and add conditions tying the office space to be provided and car parking provision to the main property.	Written report – Author:		Richard Glover
Decision(s Agreed to removal of condition 1 and add conditions tying the office space to be provided and car parking provision to the main property.
Reason(s) for decision: The request was in accordance with the Island Plan 2002
Action required: Inform applicant
Signature: (Minister)			Date of Decision: 01.08.06

Shiraz Lodge, Belvedere Hill, St. Helier - removal of condition 1

Application Number: PB/2001/3348

Request for Reconsideration Report

Site Address	Shiraz Lodge, Belvedere Hill, St. Saviour.

Requested by	Mr & Mrs. R.D.Gallichan	Agent	DYSON & BUESNEL ARCHITECTS

Description	Change of use of first floor store to studio/office. Create 2 No.dormer windows to south & west elevations. Internal alterations. REQUEST FOR RECONSIDERATION of condition no. 1 (restriction of use) of existing planning permission.

Type	Planning & Building

Original Decision	APPROVED

Conditions	1. The proposed office shall only be used by the applicant or a member of his family and the access and parking for this office shall be shared with the existing house in perpetuity.
Reasons	1. To prevent a general commercial use in this property (contrary to existing planning policy) which should continue to be tied to the curtilage of the existing house.

Determined by	Sub Committee Approval

Date	22/02/2002

Zones	Built Up Area

Policies	IC5 – Other Small Office Developments

Recommendation

The continued functioning of the office space will not have any direct impact on either the adjacent dwelling or any other nearby property. Subject to a condition that ties ownership of the office building to the main dwelling it would then at the owners discretion to ensure that no conflict occurred.

Comments on Case	This Request relates to a permit that allowed the use of a studio over the garage space of a dwelling in the town centre as an office in connection with a business run by the son-in-law of the owners of the dwelling. At the time the permission was considered appropriate subject to a restrictive condition limiting occupancy of the office to relatives of the owners of the dwelling. Those particular occupants have now moved to larger premises. The Policy referred to in the previous restrictive condition has now been superseded by the adoption of the Island Plan in 2002. What is now proposed should be considered in the context of Policy IC5 of the Island Plan which allows for small office accommodation where it would not unduly harm existing levels of amenity and can be adequately serviced. The accommodation itself is separated form the main dwelling at its rear adjoining Belvedere Hill. Access can be gained either directly from Belvedere Hill or from the generous parking yard area that serves the dwelling and was identified as appropriate provision for the previous restricted office use. The relationship of the studio with the dwelling is such that the two can happily co-exist with little potential for conflict through land use. However the parking provision for the use is shared with the dwelling and it would be unwise to allow wholly independent usage of the studio given its reliance on the servicing provided by the dwelling’s curtilage. As such a condition is suggested that ties the studio building to the dwelling and requires the provision and retention of parking spaces. -Subject to the above considerations the proposal would comply with Policy IC5 of the Island plan

Recommendation	Approve

Reasons	The use of the studio as office space will not directly conflict with surrounding uses and is in accordance with Policy IC5 of the Island Plan
	1. Prior to the use commencing provision shall be made for the parking of 2 cars within the curtilage of the dwelling to service the office use hereby approved and shall thereafter be maintained so long as the office use continues. 2. The office space hereby approved shall remain in the corpus fundi of the occupants of the dwelling, Shiraz Lodge. Reason(s) 1. To ensure adequste parking provision for the office use and to accord with Policy IC5 of the Island Plan 2002 2. So as to ensure the effecient operation of the office space and to avoid any conflict between the land uses
Background Papers	1:2500 Site Plan Letter from Agent

Endorsed by		Date