PLANNING AND ENVIRONMENT
Category A Housing Development at Bel Royal, St. Lawrence –
Request to vary Planning Condition 55 (Foul Drainage), 14 (Security of Rear Access Paths) and 31 (Noise Exposure)
To allow early release of Plot 90
Purpose of the Report
To consider an application from the developers (Bel Royal (Jersey) Ltd) to vary Planning Condition Nos.55, 14 and 31 to add Plot 90 to the list of units that may be occupied in advance of the remainder of the development and, notably, in advance of the completion of the approved permanent foul drainage system. The application is accompanied by a letter from the developer detailing the proposed variation (see Appendix 1). This is effectively a retrospective application to regularise the planning situation agreed in March 2009.
Background
- On 21st March 2007, the Minister for Planning and Environment (The Minister) decided to grant planning permission for development at the site comprising inter alia 102 Category A homes.
- A permit was issued on the 8th May 2007, subject to numerous planning conditions, including condition No.55 governing foul drainage.
3. Planning Condition No.55 originally required that no dwellings shall be occupied until the permanent foul drainage works to serve the development had been designed and completed to the satisfaction of the Minister, in consultation with TTS(Drainage).
4. In September 2008, the Minister decided to grant a request by the developer to permit the early release of 15 homes for occupancy, using a temporary foul drainage system and to vary relevant un-discharged planning conditions accordingly (MD-PE-2008-0202). He did so, in order to avoid the loss of mortgage offers to 15 potential purchasers, which were due to expire. There was evidence that in most cases, upon expiry, the lender would not extend the mortgage offer and the client could not have afforded the new repayment terms. The planning conditions which were varied included No.55 (Foul Drainage), No.31 (Noise Exposure) and No.14 (Security and rear access paths), which were all originally tied to first occupancy. The requirements set out in the first two conditions were also covered by a Planning Obligation Agreement.
5. The fifteen plots in question were nos. 50, 52-58, 60, 62, 76, 90, 91, 94 and 96. Since then, the Minister has approved the early release of Plot 95 (RC/2008/2599) and the Planning Department has given consent to transfer the early occupancy of Plot 90 to Plot 81 in a straight swap.
6. The temporary foul drainage system upon which these decisions rely, involves sewage waste from the homes being discharged through the permanent foul drainage system into a temporary storage tank / tight tank formed from an adaptation of the approved foul pump station. Suitable provision has been made for emptying the tank. These temporary foul drainage arrangements have had to satisfy both TTS(Drainage) and Building Control.
7. Work to secure the permanent foul drainage system has been the subject of protracted negotiations between the developers and Property Holdings, but this situation has recently been resolved.
Discussion
In March 2009, the Minister was approached by the developers, requesting the early release of Plot 90. Although not material planning factors, it was explained that the prospective purchaser had signed a contract to buy with the developers and her mortgage offer, which had previously been extended, was about to run out. It was also explained that if she lost the offer, she would not have a large enough deposit because the bank had changed its lending criteria. She would not, therefore, be able to get a mortgage and, naturally, this was causing her a great deal of stress.
Any proposal to permit early occupancy of Plot 90 would not only require a variation to Planning Condition No.55 (Foul Drainage), but also No.31 (Noise Exposure) and No.14 (Security and rear access paths).
These conditions were attached to the original permit to:
- Ensure adequate provision for the disposal of foul water;
- Protect the amenities of future occupants of the approved properties from harmful noise emissions from Jersey Steel; and
- Ensure secure controlled access to private rear gardens and courtyards.
The Minister’s previous decision to allow the early release of 15 specified properties for occupancy and to vary the above conditions accordingly, effectively establishes the principle of making available completed first-time buyer homes at the site, where considered appropriate and practicable. In common with his earlier decision, the Minister did not want the moral responsibility for someone loosing their home, if this could be avoided.
The key to the early release of homes at the site has been the temporary foul drainage arrangements, which have been approved and established on the site with the agreement of TTS(Drainage). It was necessary, therefore, to establish whether these arrangements would have the capacity to accept an additional home. The developers argued that the temporary arrangements have considerable spare capacity, which is “based on the number of times the tank is emptied by TTS which we reimburse”. However, the Planning Department is advised in this regard by TTS(Drainage) and Building Control. Both TTS(Drainage) and Building Control confirmed they were prepared to accept the connection of Plot 90 to the temporary foul drainage arrangement.
In the circumstances, it was deemed reasonable to permit the early release of Plot 90 for occupancy, whilst continuing to apply original occupancy conditions to the remaining 85 homes approved for this development. The developers were advised accordingly, in a letter dated 26th March 2009 (see Appendix 2). This formal application is, therefore, retrospective and is required to regularise the planning situation.
Legal implications
There are no substantive legal implications arising from varying planning condition No.55 and other relevant conditions in association with the current proposal to allow the early occupancy of one additional home.
The Law Officers have previously advised, informally, that it is would be messy and time consuming to modify the Planning Obligation Agreement to cover the early release of homes. They have suggested that the matter may best be addressed by the Minister writing to the developers and the home owners granted early occupation and have agreed to provide a suitable form of words.
Consultation
The Department has previously consulted with TTS(Drainage) and Building Control and they both confirmed that they would not oppose the connection of Plot 90 to the temporary foul drainage system. At that time, TTS(Drainage) were of the opinion that further requests for connection should not be permitted until the final foul connection issue is resolved and installed.
The Water Resources Section of the Environmental Services Department was consulted as part of the application process and they had no comments to make with regard to the Water Pollution (Jersey) Law, 2000.
Representations
The Department has received no written representations in connection with this application.
Recommendation
The Minister for Planning and Environment decided to:
- approve the application to 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. For 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, 81, 90, 91, 94, 95 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.”
- 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, 81, 90, 91, 94, 95 and 96.”
- Vary Planning Condition No.31 (Noise Exposure) to make it clear that unit 90 as well as units 50, 52-58, 60, 62, 76, 81, 91, 94, and 96 “shall be made to comply fully with the approved Noise Protection Scheme.”
- 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, 81, 90, 91, 94, 95 and 96.”
- Make it clear to the developers that the decision to permit occupancy of Plot 90 is dependent on the property being signed off for occupancy by the Planning Department and the Building Control.
- Advise the developers that, with the exception of Plot 16 (see Application RC/2009/0939) he will not permit any further release of plots for early occupancy in advance of the satisfactory implementation of the approved permanent foul drainage system.
Reason(s) for Decision
- To permit the owners of Plot 90 to complete their purchase and occupy the home in question and assist in making available a much needed affordable first-time buyer home;
- To regularise the current position so that the developers and the purchaser of Plot 90 will not be in breach of the planning conditions and obligations to which the approved development is subject;
- To ensure that, whilst allowing for the early occupancy of Plot 90, 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 approved properties; and
- Ensure secure controlled access to private rear gardens and courtyards.
Action Required
- Inform the developer, TTS(Drainage) and local political representatives of the Minister’s decision.
- Issue a Planning Permit with the varied conditions.
- Advise the Law Officers to take account of the variations in its on-going considerations of how best to address modifications to the terms of the existing ‘Planning Obligation Agreement’.
Written by: | Roger Corfield, Principal Planner – 20th May 2009 |
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Approved by: | Kevin Pilley, Assistant Director – Policy and Projects |
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Endorsed by: | |
Attachments:
- Appendix 1: Cover letter from the developer for the application, dated 26th March 2009.
- Appendix 2: Letter to the developers agreeing to early release of Plot 90 for occupancy, dated 26th March 2009.
File ref: RC/2009/0697 (main file - P/2006/2489)
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