Policy Considerations As with all developments the proposal must meet the requirements of Policy G2. In addition, a high quality of design is expected in accordance with Policy G3. Policy G15 (Replacement Buildings) sets a presumption in favour of the retention of existing buildings, and requires that any new building must enhance the area. This has been implemented pragmatically, and often the removal of existing buildings has been allowed where their replacements are seen as an improvement. Policy BE10 (Green Backdrop Zone) highlights the value of the Green Backdrop, in this case to the St. Brelade’s Bay, and requires that it be maintained in any development. Land Use Implications None – there is no change in land use. Size, Scale and Siting The proposal can be considered as two main parts, the construction of the new house and garage, and the separate construction of the pool with associated landscaping. The house is sited broadly in the same position as the existing, but incorporates a gentle curve. The key issue in assessing the application is the impact on the area, including the Green Backdrop Zone, through the combination of the building’s size, scale, design and materials, and also the change in levels and construction of retaining walls around the swimming pool. Like the existing, the bottom level of the house is predominantly garaging, broadly at existing ground level, and not truly underground. Above are three floors of accommodation where the existing building has two floors plus a roof. Each floor is narrower than that below (measured east to west) and has a balcony to break up the mass. Each is also treated in different materials. The ground floor (and basement for parking) are finished in granite panels. The first floor is in render. The second floor is predominantly in black glazed terracotta cladding. Balconies are constructed of glass panels with steel handrails. Windows are aluminium on the outside and timber on the inside. The colour is not specified and it is suggested that a Condition be imposed to this end, with the Department’s preference being for a dark grey colour. As a result of the greater floor to ceiling heights of the proposal against the existing, the top of the “first floor” of accommodation, is approximately 0.6m higher than the existing. The additional floor of accommodation reaches a final height of approximately 1.4m above the existing ridge. This floor effectively replaces the mass of the existing roof. However, the existing roof is not intrusive, and to avoid the top floor becoming imposing and exaggerating the scale of the whole building, it is considered vital that its materials are appropriate. Although much of this floor is proposed to be in black tiles, the setback section is shown in render. Although set back, it will still be visible and less intrusive in a darker material. The style of the building has been criticised by the two objectors. The impact of the building and the appropriateness of the design are both subjective matters. However, it is the Department’s conclusion that this is an exciting contemporary design, which includes local relevance though the use of granite panels, and is not inappropriate in a largely built up, bay setting. It is concluded that the design addresses the Minister’s Design Principles and will achieve an enhancement of the site over the existing building. The Department does not share one of the objector’s views that a Spanish design with orange tiles would be more appropriate or locally relevant. The building will be taller than that existing and it is a matter of judgement whether this is acceptable. The Department’s view that it is, provided the whole of the top floor is in a dark material, and that the tall trees to the front (south), which screen the bottom two floors of the existing building, are retained. A Condition is recommended requiring a tree survey to be undertaken before any development (including demolition or site clearance), is commenced, together with an Arboriculturalist assessment of the trees. If it is found that any of the existing trees cannot be retained, this may affect the impact of the building. In addition to the house, a pool is proposed to the west. The pool itself will not be visible from outside the site, but construction relies on retaining walls to the south and north of the pool – both potentially visible from within and without the bay. The tall wall is shown in granite, but that to the north is shown in render on the elevation, but granite on the perspectives. Render is considered intrusive, but granite would be reasonable in this setting. A Condition is recommended to require the use of granite for all retaining walls. Design and Use of Materials See, Size, Scale and Siting above. Impact on Neighbours Due to the position, levels and size of the site, there are no immediate neighbours likely to be materially detrimentally affected by the proposed development through overbearing or overlooking. Access, Car Parking and Highway Considerations There is no change to the existing access proposed, and adequate car parking is provided. Foul Sewage Disposal Foul sewer proposed. Landscaping issues See “Size, Scale and Siting” above. Other Material Considerations A Waste Management Plan is included in the application. This includes standard re-use of demolition materials. It is also proposed that excavated materials will either be re-used on site, or can be used for infilling where required, on other sites. The agent’s Statement also refers to the States’ support for high value residents, and the need to accommodate dwellings to meet that requirement. As a specific objective of the States, this is not immaterial as suggested by one of the representations. However, it should not be used to allow development which would otherwise be unacceptable. The application therefore falls to be considered on its own merits. | 
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