Decision(s): At the public Ministerial Meeting of 6 December 2013 the Minister heard the subject applications, and deferred his decision for 3 reasons: - He wanted the opportunity to consider various late written representations;
- He wanted legal advice in relation to the proposed ‘phasing plan’ condition; and
- He wanted assurances from the applicant on the financial implications of the proposed demand-led phasing.
The Minister has now considered all the late written representations presented at the 6 December meeting, being: - Appleby, dated 26 November 2013;
- Sharon Harwood, dated 28 November 2013;
- Save Our Shoreline, dated 4 December 2013;
- Applicant’s Response, dated 5 December 2013.
In addition, the Minister has reviewed all further late written representations, received after the 6 December meeting, being: - Collas Crill, dated 11 December 2013;
- Deputy John Young, dated 13 December 2013;
- Deputy Sean Power, dated 16 December 2013;
- Bertram Bree, dated 9 January 2014.
The Minister has also considered the requested legal advice and the letter of 18 December 2013 from the applicant in relation to the financial implications of the proposed demand-led phasing. Further, the Minister has considered a written request from the applicant of 18 December 2013 in relation to the wording of draft condition 9 of P/2013/0993, which amongst other matters specifically included “the provision of electric vehicles for the operational use of tenants”. The request seeks the removal of this requirement, with the assurance that a commitment to low carbon transport will be delivered in the Travel Plan, to be secured by the same condition. Following consideration of this information, the Minister confirmed he is approving both the applications, as per the recommendations within the Department Reports considered at the 6 December 2013 meeting, with amendments to conditions as follows: P/2013/0993 (Building 1) Condition 9. Prior to the occupation of the development hereby permitted, details shall be submitted to and approved by the Minister for Planning and Environment, implemented and thereafter maintained, of a Green Travel Plan covering the management of travel movements to and from the site. The Methodology for the Green Travel Plan shall cover a period of at least 10-years and shall first have been agreed with the Minister for Planning and Environment, and shall include provision for charging points for electric cars and electric cycles, and a commitment to low carbon transport. No office accommodation shall be occupied until a Travel Plan coordinator has been appointed and their details forwarded to the Minister for Planning and Environment. Reason: In the interests of promoting sustainable patterns of development, and to accord with Policies TT9, BE2 and SP6 of the Jersey Island Plan 2011. Condition 34. Prior to the commencement of development a Phasing Plan shall be submitted to and agreed in writing by the Minister for Planning and Environment. That Phasing Plan shall include details of the timetable for the delivery of the wider Esplanade Quarter works beyond Phase 1 (the Jersey International Finance Centre) to include the sinking of La Route de la Liberation and the balance of the works in the approved Masterplan for the Esplanade Quarter (as Amended). Thereafter the Esplanade Quarter works are to be undertaken in accordance with the agreed Phasing Plan. Reason: To ensure compliance with Policy BE2 of the Jersey Island Plan 2011. P/2013/1209 (Car Park) Condition 27. Prior to the commencement of development a Phasing Plan shall be submitted to and agreed in writing by the Minister for Planning and Environment. That Phasing Plan shall include details of the timetable for the delivery of the wider Esplanade Quarter works beyond Phase 1 (the Jersey International Finance Centre) to include the sinking of La Route de la Liberation and the balance of the works in the approved Masterplan for the Esplanade Quarter (as Amended). Thereafter the Esplanade Quarter works are to be undertaken in accordance with the agreed Phasing Plan. Reason: To ensure compliance with Policy BE2 of the Jersey Island Plan 2011. Additional condition: Prior to the commencement of the development hereby permitted, the replacement temporary public car parking on the south side of La Route de la Liberation, as approved under P/2013/0993 (or in another manner that the Minister may approve in an alternative application) shall be fully operational. Reason: In the interests of the proper phasing of the development and to ensure compliance with Policy BE2 of the Jersey Island Plan 2011. |
Reason(s) for Decision: P/2013/0993 (Building 1) The proposed development is considered to be acceptable having due regard to the Jersey Island Plan 2011 and all of the other material considerations raised. In particular, the development has been assessed against Policies SP1, SP2, SP3, SP4, SP5, SP6, SP7, GD1, GD2, GD4, GD5, GD6, GD7, GD8, GD9, NE1, HE5, BE1, BE2, BE5, BE10, EO1, TT4, TT7, TT8, TT9, TT10, NR1, NR7, WM1, WM5, LWM2 and LWM2 of the Jersey Island Plan 2011. In addition, the development has been assessed against the Waterfront Supplementary Planning Guidance (April 2006), Masterplan for the Esplanade Quarter (April 2008), Masterplan Amendment (March 2011) and the Esplanade Quarter Design Code (September 2008) In this case, the proposed development is regarded as acceptable having balanced an assessment of the objectives of the various individual policies, and the Supplementary Planning Guidance documents. The Minister acknowledges the application delivers a proportionate amount of the Masterplan objectives, and does not preclude the full delivery of the Masterplan objectives in future phases of development. In addition, the representations raised to the scheme have been carefully assessed. The Minister acknowledges the representations and has weighed them against the benefits delivered by the application. The Minister has further considered the issue of height, and by reference to the submitted information (including the Environmental Statement and digital model) plus the original and amended Masterplan, is satisfied that the application will not cause significant harm to the amenities of the local residents or the area generally. Taken as a package, the Minister believes the application to be a positive benefit, and that the potential impacts will not be unreasonable in all the circumstances. P/2013/1209 (Car Park) The proposed development is considered to be acceptable having due regard to the Jersey Island Plan 2011 and all of the other material considerations raised. In particular, the development has been assessed against Policies SP1, SP2, SP3, SP4, SP5, SP6, SP7, GD1, GD6, GD7, GD8, NE1, HE1, HE5, BE1, BE2, TT4, TT7, TT8, TT9, TT10, NR1, NR7, WM1, WM5, LWM2 and LWM2 of the Jersey Island Plan 2011. In addition, the development has been assessed against the Waterfront Supplementary Planning Guidance (April 2006), Masterplan for the Esplanade Quarter (April 2008), Masterplan Amendment (March 2011) and the Esplanade Quarter Design Code (September 2008) In this case, the proposed development is regarded as acceptable having balanced an assessment of the objectives of the various individual policies, and the Supplementary Planning Guidance documents. The Minister acknowledges the application delivers a proportionate amount of the Masterplan objectives, and does not preclude the full delivery of the Masterplan objectives in future phases of development. In addition, the representations raised to the scheme have been carefully assessed. The Minister acknowledges the representations and has weighted them against the benefits delivered by the application. Taken as a package, the Minister believes the application to be a positive benefit, and that the potential impacts will not be unreasonable in all the circumstances |