Decision: The Minister dismissed the appeal and a variation of the decision has been made. The Minister granted permission to develop land under Article 116 of the Planning and Building (Jersey) Law 2002; In respect of the following development: REVISED PLANS to P/2014/1900 (increase number of residential units from 3 no. to 4 no.). Construct sun room to Unit 3 - second floor. Increase floor space Unit 2 - second floor, to provide additional bedroom & increase area to second floor balcony. Remove first floor terrace to south elevation of Unit 2. Various external alterations-including fenestration changes. to be carried out at La Haute Pierre, La Rue de Samares, St. Clement, JE2 6LY. Standard Condition A. This permission solely relates to the revisions described herein. Condition(s): 1. Notwithstanding the indications on the approved plans, prior to the commencement of the development, hereby permitted, full details and samples of all external materials to be used to construct the development, including:- rain water goods; exterior ballustrade handrails; stainless steel brise soleils; exterior roof profile capping details; exterior garden wall details to Unit 1, timber detailing to the rear/north elevation; are to be submitted to and approved in writing by the Department of the Environment. Also prior to construction a 1m sample panel of render is to be constructed for inspection on site and agreed in writing by the Department of the Environment. Once agreed all details shall be implemented in full prior to first use and thereafter retained and maintained as such in perpetuity. Reason: To safeguard the visual amenities of the area, in accordance with Policies GD 7 & SP 7 of the approved Island Plan, 2011:Revised (2014).
2. As part of the detailed planning application, and before any development first commences on site, details of the finished site levels and internal floor levels intended at the completion of the development, in relation to the existing site levels (and the levels of the adjoining land), must be submitted to and agreed in writing by the Department of the Environment. The agreed levels shall be implemented in full prior to first use and thereafter retained and maintained as such in perpetuity. Reason: To ensure that the development is satisfactorily sited and designed so that it does not have a detrimental impact upon neighbours and the surrounding area, in accordance with Policies GD 1 and GD 7 of the approved Island Plan, 2011:Revised (2014).
3. Prior to the first occupation of the dwelling(s), the first floor window(s) to the north elevation of Units 2; 3 & 4 respectively, hereby permitted, shall be fitted with obscure glass & restricted in opening to 200mm in perpetuity and thereafter permanently retained and maintained as such. Reason: To prevent overlooking and loss of privacy of the occupiers of the adjoining property known as, St. Gotthard's, in accordance with Policy GD 1 of the approved Island Plan, 2011:Revised (2014).
4. Prior to first occupation of Unit 3, hereby approved, the north elevation of the sun room located on the second floor shall be fitted with fixed-galzed obscure glass in perpetuity, and thereafter permanently retained and maintained as such. Reason: To prevent overlooking and loss of privacy of the occupiers of the adjoining property known as, St. Gotthard's, in accordance with Policy GD 1 of the approved Island Plan, 2011:Revised (2014).
5. Prior to their installation, details showing the exact design & colour, and a schedule specifying the component parts of the windows to be installed, including the depth of the reveals, shall be submitted to and agreed in writing by the Department of the Environment. Prior to first use the agreed fenestration designs shall be implemented in full and thereafter retained and maintained as such in perpetuity. Reason: To prevent the use of a window which is damaging to the character of the building in which it is to be inserted to accord with Policies GD 7 & SP 7 of the approved Island Plan, 2011:Revised (2014). 6. The roof areas (on the eastern half) of the development at second floor, hereby approved, shall not be used as additional balconies, roof gardens or similar amenity areas. Reason: To prevent the overlooking and loss of privacy of the occupiers of neighbouring properties, in accordance with Policy GD 1 of the approved Island Plan, 2011:Revised (2014).
7. Prior to first use of Unit 2 details of recessed obscure glazed faceted screens, to a height of 1750mm high, shall be submitted to and agreed in writing by the Department of the Environment. Once the details are agreed the screens shall be constructed along the north perimeter of the second floor terrace prior to the first use of Unit 2 and thereafter permanently retained and maintained as such. Reason: To prevent overlooking and loss of privacy of the occupiers of the adjoining properties, in accordance with Policy GD 1 of the approved Island Plan, 2011:Revised (2014).
8. The five parking space(s) shown on planning approved document 413-001 shall be permanently kept available for the parking of vehicles by the occupiers of the four units, hereby approved, and for no other purpose. Reason: To ensure the permanent provision of on-site car-parking for vehicles, in the interests of highway safety and amenity, in accordance with Policy GD 1 of the approved Island Plan, 2011:Revised (2014).
9. The foul sewer connection in La Rue de Samares to the west of the site shall be protected during demolition and reconstruction works. Reason: To ensure that suitable connection to the main foul sewer is possible on completion of the development to accord with the requirements of Policies LWM2 and GD1 of the approved Island Plan, 2011:Revised (2014).
10. Prior to first use of the development, hereby approved, details must be submitted to and agreed in writing by the Department of the Environment which demonstrate that the eastern access point to the underground car park has at least a 20m visibility splay from a point 2.4m back from the edge of the car park access road. The approved scheme shall be implemented in full and thereafter retained and maintained as such. Reason: In the interests of highway safety, in accordance with Policy GD 1 of the approved Island Plan, 2011:Revised (2014).
11. Notwithstanding the provisions of the Planning and Building (General Development) (Jersey) Order 2011, or any amendment to or replacement of that order, no works involving the erection of a building, extension, structure, gate, wall, fence or other means of enclosure, satellite dishes/aerials or antennae, tank, 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 Department of the Environment. Reason: The form and design of the layout approved requires strict control over the form of any additional development which may be proposed to accord with Policies GD1 & GD7 of the approved Island Plan, 2011:Revised (2014).
12. No development shall take place, including any works of demolition, until a Construction Environmental Management Plan has been submitted to an Approved in writing by the Department of the Environment. The approved Plan shall be adhered to throughout the construction period of the development and departures from it shall be approved in writing by the Department before they are put into practice. The Plan shall secure an implementation programme of mitigation measures to minimise the adverse effects of the construction of the development on the environment (including the effects of demolition work), and shall include but not be limited to: A. A demonstration of compliance with best practice in controlling, monitoring, recording and reporting on any emissions to the environment (Such as noise, vibration or air, land or water pollution); B. Details of a publicised complaints procedure, including details of office opening hours and out-of-hours contact numbers; and C. Specified hours of operation on the site. Reason: To ensure the development does not have an adverse impact on public health or the wider environment, in accordance with Policies GD1, GD6 and WM1 of the Adopted Island Plan 2011 (Revised 2014). INFORMATIVE:- All site workers should be made aware of the possibility of bats on site, especially in the case of roof work. They should be advised that it is their responsibility under the Wildlife Law to stop work and notify the Department of the Environment immediately should bats be found, so that mitigation can be arranged. | 
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