Harbour Reach, Rue du Carteret, St. Helier

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A decision made (30.11.07) to grant permission for change of use at Harbour Reach, Rue du Carteret, St. Helier.

Decision Reference: MD-PE-2007-0292		Application Number: P/2007/2260 (If applicable)
Decision Summary Title :	Harbour Reach Planning Application	Date of Decision Summary:	27 Nov 2007
Decision Summary Author:	John Nicholson	Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written	Person Giving Oral Report:
Written Report Title :	Harbour Reach Planning Application	Date of Written Report:	24 Nov 2007
Written Report Author:	John Nicholson	Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Harbour Reach, La Rue Du Carteret, St Helier Temporary change of use from restaurant space to office space for a period of ten years.
Decision(s): The Minister decided to grant permission at a public meeting held on the 23rd November. Reason for this decision is stated below.
Reason(s) for Decision: Permission has been granted having taken into account the relevant policies of the approved Island Plan, together with other relevant policies and all other material considerations, including the consultations and representations received. It is considered that the grant of permission as a suitable exception is justified in this instance having regard to all the circumstances of the case. Particular consideration was given to the possible impact on vitality and viability in conjunction with other proposed changes (P/2007/1471), however it was noted that this application was not speculative and had a named occupier and therefore some certainty in delivery. Subject to compliance with the following conditions and approved plan(s): Standard Condition A. If the development hereby permitted has not commenced within five years of the decision date, this permission shall cease to be valid. Reason: The Minister for Planning & Environment reserves the right to reconsider this proposal consequent on any future change of circumstances or policy. Condition(s): 1. The three car parking spaces identified on approved drawing D are to be allocated to and retained in perpetuity for the occupier of the subject unit. 2. The use hereby permitted shall cease on or before 10 years from the date of this permit and the use shall revert to the originally approved restaurant operation. Reason(s): 1. To ensure that adequate car parking is available, in the interests of highway safety. 2. For the avoidance of doubt, in the interests of maintaining the vitality and viability of the area.

Resource Implications:

None

Action required:

Notify Agent and all other interested parties

Signature:

Position:

Date Signed:

Date of Decision (If different from Date Signed):

23 Nov 2007

Harbour Reach, Rue du Carteret, St. Helier - change of use

Planning and Environment Department

Report

Application Number

P/2007/2260

Site Address	Harbour Reach, La Rue Du Carteret, St Helier.

Applicant	Waterfront Enterprise Board Limited

Description	Temporary change of use from restaurant space to office space for a period of ten years. RE-ADVERTISED as a Planning application and not Planning in Principle.

Type	Planning

Date Validated	26/09/2007

Zones	Built-Up Area Town Map Area

Policies	G2 –General Development Considerations BE4 – Waterfront Development Area IC5 – Other Small Scale Office Development

Reason for Referral	Any other reasons – Minister Call In

Summary/

Conclusion

The application seeks to change the use of the approved restaurant unit to offices.

The applicant has presented a case to the Department which raises a number of pertinent points, primarily setting out that the accommodation is not currently attractive to restaurant tenants due to the present “uncertainty and disruption” regarding the balance of the Waterfront development.

The concept for the Waterfront, the objective of the original planning application for this property and rationale behind the Island Plan policy framework all seek to ensure that there is an appropriate balance of land uses in order to deliver vitality and viability, particularly at ground floor level.

The original restaurant use clearly has the potential to deliver the most to the property and wider area in terms of vitality and viability, however, the proposed use as offices also accords with the general planning policy framework (indeed the first floor of Harbour Reach is offices).

The current issue is therefore one of time-lag, and the key question is whether it would be desirable, and indeed reasonable, to have the accommodation standing empty (as seems likely) until a point in the future when there was sufficient critical mass to make the accommodation attractive to restaurant tenants.

This time-lag is acknowledged by the applicant, and the application is for a 10-year temporary permission, at the expiration of which the permission would revert to a restaurant use, in the context of a very different physical Waterfront environment.

Officer

Recommendation

The Department recommends APPROVAL, subject to conditions

Site Description	The site extends to some 385 sq m and forms the ground floor of the wing of the Harbour Reach building which runs generally north-south, facing the Marina.

Relevant Planning History	P/2000/5245 (granted 3 May 2001) for the development of a “mixed use development, comprising marina facilities, retail, office, restaurant, 42 flats, basement level and surface car parking and landscape” This scheme was the winner of a competition for the redevelopment of the site and accorded with the Brief prepared for the Planning and Environment Committee by Howarth Tomkins Architects. The development was amended by P/2003/0206 (Alterations to fenestration. Enlarge two previously approved flats) approved on 9 July 2003. It was further altered by P/2005/2128 (Revised restaurant & retail areas at ground floor level & extension of ground floor terrace. Alter retail area to office. Amend design of JEC Sub-station) approved on 1 March 2006. Additional alterations were approved on 17 July 2006 under P/2006/1104 which divided the ground floor retail into 2 units. It must also be noted that there is a separate current application P/2007/1471 which seeks to change the use of the approved retail space at Harbour Reach (the ground floor of the east-west wing of the building, facing the road) to offices.

Existing use of Land/Buildings	Currently vacant, approved as a restaurant unit

Proposed use of Land/Buildings	Offices – to be occupied by the Waterfront Enterprise Board Ltd.

Consultations	Public Health – Letter of 1st October 2007 – the Department have no requirements or conditions to make and no objection to the proposal.

Summary of Representations	Two letters of representation have been received, both objecting to the application and raising the following matters:  It is no surprise that no tenant can be found, if a temporary change of use is agreed, it should only be for a maximum of 5-years while adjacent development takes place.  Any delay in finding tenants will mean they are taken up by competing schemes including Castle Quay.  The Waterfront must be a vibrant area and the developer must be encouraged to offer more flexible arrangements to suitable tenants. All letters of representation and responses are attached with the background papers

Planning Issues	Policy Considerations The site lies within an area defined by the Jersey Island Plan 2002 under Policy BE4 as the Waterfront Development Area, where applications are to be in line with the approved Development Framework. The Development Framework is set out within the Jersey Waterfront Supplementary Planning Guidance of June 2006 and contains the following policies. “WF2 – The Minister will support proposals which encourage and contribute to the vibrancy and vitality of the area, particularly at street level.......” In relation to offices, paragraph 3.10 sets out that “the concept of office use has always been an important component of the earlier plans for the Waterfront…..” and that it is important “that the office uses are integrated with other alternative but compatible land uses to avoid the sterility that large areas of a single use can generate.” As set out in Policy IC5 of the Jersey Island Plan 2002, “small scale office development will normally be permitted within the town of St Helier…..where the proposal; I. will not unreasonably affect the character and amenity of the area; II. will not have an unacceptable visual impact; III. will not lead to unacceptable problems of traffic generation, safety or parking; IV. will not have an unreasonable impact on neighbouring use and the local environment by reason of noise, visual intrusion or other amenity considerations; V. will not have an unacceptable impact on an SSI, BLI or conservation area; VI. will not lead to the loss of ground floor retail use in St Helier Town Centre VII. will not lead to the loss of residential units; and VIII. is in accordance with other principles and policies of the Plan.” Land Use Implications The proposal involves the loss of about 385 sq m of approved restaurant space, to be replaced by office accommodation Size, Scale & Siting The proposal is modest in size and is considered as small-scale. Design & Use of Materials The physical building is already in place, and there are no alterations proposed as part of the application. Impact on Neighbours The upper floors are residential, however, use as offices will not introduce any unreasonable impacts on amenity by reference to noise etc, that would have an unacceptable relationship with neighbours. Access, Car parking and Highway Considerations Standards require a minimum of 2 spaces overall. The application provides a total of 3 spaces on site, and there is additional pubic car parking available nearby. Foul Sewage Disposal As existing – to foul sewer. Landscaping issues No alterations proposed Other Material Considerations The applicant and proposed occupier are the Waterfront Enterprise Board Ltd.

Officer Recommendation	The concept for the Waterfront, the objective of the original planning application and rationale behind the Island Plan policy framework all seek to ensure that there is an appropriate balance of land uses in order to deliver vitality and viability, particularly at ground floor level. The applicant has made a case to the Department which raises a number of pertinent points. The landlord has presented a statement, written in conjunction with their letting agent, setting out the interest from tenants had all fallen through due to the “uncertainty and disruption” expected in relation to the further development at the Waterfront. The original restaurant use clearly has the potential to deliver the most to the property and wider area in terms of vitality and viability, however, the proposed use as offices also accords with the planning policy framework. The current issue is therefore one of time-lag, and the key question is whether it would be desirable, and indeed reasonable, to have the accommodation standing empty (as seems likely) until a point in the future when there was sufficient critical mass to make the accommodation attractive to restaurant tenants. This time-lag is acknowledged by the applicant, who has applied for a 10-year temporary permission, at the expiration of which the permission would revert to a restaurant, in the context of a very different physical Waterfront environment. Although the application has been submitted by WEB, this is not considered to be a consideration of any weight in the decision making process. The Department recommends APPROVAL, subject to conditions.

Conditions/ Reasons	1. The three car parking spaces identified on approved drawing D are to be allocated to and retained in perpetuity for the occupier of the subject unit. To ensure that adequate car parking is available, in the interests of highway safety. 2. The use hereby permitted shall cease on or before 10 years from the date of this permit and the use shall revert to the originally approved restaurant operation. For the avoidance of doubt, in the interests of maintaining the vitality and viability of the area.

Background Papers	 1:2500 Location Plan  Client & Letting Agent Statement (6 July 2007)  Letter from Broadlands (7 September 2007)  Consultation response from Public Health  2 letters of representation

Endorsed by:

Date:

12 November 2007