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Jersey Pottery, Gorey Village Main Road, Grouville: Planning Application: 'Calling-in' for Determination by Minister

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

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A decision made 20 April 2012:

Decision Reference:   MD-PE-2012-0038 

Application Number:  P/2011/1403

(If applicable)

Decision Summary Title :

Jersey Pottery, Gorey Village Main Road, , Grouville, Jersey, JE3 9EP

Date of Decision Summary:

17 April 2012

Decision Summary Author:

 

Senior Planner

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 :

P/2011/1403 – Former Jersey Pottery site, Gorey Village, Grouville

Date of Written Report:

17 April 2012

Written Report Author:

Senior Planner

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:  Jersey Pottery, Gorey Village Main Road, , Grouville, Jersey, JE3 9EP

 

Demolish existing buildings. Construct 53 No. houses and garages. Model Available. AMENDED PLANS RECEIVED.

 

Decision(s):

In accordance with the Code of Conduct for the Minister for Planning and Environment in the determination of planning applications and pre-application advice (MD-PE-2011-0120), the Minister confirmed he is calling-in this application for determination.

 

Reason(s) for Decision:

The Minister has considered the planning history of the site and given this context and the important policy considerations, the Minister considers this is an application with island wide significance.

 

Resource Implications:

None

 

Action required:

 

Notify Agent, Applicant and all other interested parties

 

Signature:

 

Deputy R C Duhamel

PLeg / AS Initials

Position:

Minister for Planning and Environment

 

Date Signed:

 

Date of Decision (If different from Date Signed):

 

Jersey Pottery, Gorey Village Main Road, Grouville: Planning Application: 'Calling-in' for Determination by Minister

 

 

Department of the Environment

Planning and Building Services

South Hill

St Helier, Jersey, JE2 4US

Tel:  +44 (0)1534 445508

Fax: +44 (0)1534 445528

 

(This is hidden text it will not print out. Use F11 to move to the next field.  Shift -F11 to previous field.)Department of the Environment

Report for Planning Applications Panel

Site Visit

1.Application   Number

 

P/2011/1403

 

2.Site Address

Jersey Pottery, Gorey Village Main Road, Grouville, JE3 9EP.

 

 

3.Applicant

Mr A Huckson

Dandara Jersey Limited

 

 

4.Description

Demolish existing buildings. Construct 53 No. houses and garages. Model Available. AMENDED PLANS RECEIVED.

 

 

5.Type

Planning

 

 

6.Date Validated

24/10/2011

 

 

7. Zones & Constraints

Built-Up Area
Green Backdrop Zone
Eastern Cycle Route Corridor

 

 

Summary

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Department Recommendation

The site is within the Built-Up area where there is a presumption in favour of new residential development subject to compliance with the usual development control criteria. This has been acknowledged by the vast majority of the objectors to the scheme, as has the fact that there is an extant permission for residential development on the site.

 

This current scheme seeks to provide one additional dwelling unit to the 52no. previously approved, but to re-order the site layout to make a more efficient use of the land available whilst providing a development of high quality design and appearance.

 

The site is relatively flat and the development has been designed to ensure minimum harm to the amenities of the occupants of the immediately adjoining residential properties.

 

The form, scale and design of the proposal is appropriate to the context of the surrounding buildings and will provide a high quality development on this previously developed site. This is in accordance with the Minister’s principles.

 

 

Subject to the satisfactory completion of a Planning Obligation to cover the provision of the proposed footpath/cycle path works and the financial contribution for the provision of the erected bus shelter on La Rue a Don and the financial contribution towards the Eastern Cycle way, GRANT PERMISSION subject to conditions

 

Alternatively in the event that a suitable Planning Obligation is not agreed within 6 months of being authorised in accordance with this recommendation then REFUSE the grant of planning permission.

 

8.Site Description & Existing Use

Large commercial site within Gorey Village. It consists of a large number of buildings associated with Jersey Pottery, which was a business formed in 1946 to manufacture pottery. These buildings include workshops, a restaurant and a shop. There is also a large car parking area serving the use.

 

The site is no longer used for commercial purposes.

 

Access to the site is from La Rue de la Potterie, which leads to a road called Rue Vanelle, which traverses the site along the north-west boundary.

 

 

9.Proposed Development

The erection of 53no. dwellings comprising 14no. 4 bed detached houses; 30no. 3 and 4 bedroom semi-detached houses ; 5no. 3 and 4 bedroom terraced houses and 4no. 3 bedroom mews, together with garages.

 

 

 

10.Relevant Planning History

2010 - P/2010/0344 - Demolish existing buildings. Construct 37 No. dwellings comprising of 5 No. 2 bedroom, 19 No. 3 bedroom and 13 No. 4 bedroom, 13 No. flats comprising of 5 No. 1 bedroom and 8 No. 2 bedroom and 2 No. 2 bedroom maisonettes.  (Model available). AMENDED PLANS RECEIVED. Approved. 1.10.2010

 

2003 – PP/2003/2649 – The demolition and clearance of existing buildings and the construction of 45 no. houses; 12no. retirement apartments and offices together with associated access roads, parking and external areas. Provision of access to the rear of Fernleigh and other properties fronting Gorey Village Road. Retention of Nids Chien. Approved Planning in Principle 24.5.05. This Permit has now lapsed. 

 

No other relevant planning applications.

 

11.Consultations

Parish in its letter dated 24.11.11 states “The Parish Roads Committee having met and viewed the plans do not have any objections to the development itself. However, the Committee are concerned as to the overall impact on the minor parish roads in the immediate vicinity, namely Les Chemins des Maltieres, La Cheve Rue and others and they will be undertaking a site visit in the near future and will be bringing the recommendation back at the earliest opportunity.”

 

Parish in its letter dated 9.2.12 states “The Connetable recently attended a public meeting and viewed the various plans and models for the development. Together with his Roads Committee they agreed that a further letter should be sent to you once again highlighting their concerns that there will be a major negative impact on the roads in the vicinity of this development.”

 

Highways section of TTS in its letter dated 27.1.12 states “It is noted that the general principles to allow pedestrian connectivity included in the previous scheme permitted for this site have been carried over to this scheme. To ensure that all the principles are carried over, it is recommended that conditions 3,10 and 13 be carried over from P/2010/0344 to this application.

 

One change to the current permit for this site which is of concern is the proposal to bring the northern pedestrian access onto Gorey Village Main Road through a tunnel under a residential unit. This arrangement is not ideal in that future residents of this unit may seek to block up this walk through and the public may not perceive this walk as a public right of way. To mitigate these concerns, it is recommended that any permit be conditioned such that this pedestrian walk way cannot be extinguished and that the pedestrian routes be clearly signed.

 

The site lies within the scope of Policy TT3 of the current Island Plan in that it should be required to contribute to the provision of a section of the Eastern Cycle Network. It is recommended that a levy of £1000 per unit of accommodation be applied to this application to discharge the requirements of the policy.”

 

Highways section of TTS in its letter dated 9.3.12 states “I have looked at the Transport Statement review for the Potteries site. All appears in order to me. It should be noted that the proposed site use represents a reduction in trips compared to the existing commercial/tourist use.”

 

Drainage section of TTS in its letter dated 18.11.11 states “The existing Jersey Pottery site has been provided with a foul connection to the public foul sewer that currently accepts surface water in Gorey Village. Existing surface water run-off from the site is directed to both public systems in the north-east and south-west of the site.

 

As agreed at a pre-application meeting with the development representatives, the site would drain foul water to a centralised private pumping station that would connect to the public foul sewer in La Rue de la Potterie to the south-west. On reflection, and as this is only a 150mm foul sewer, the Department would now require that the pumping main from this station connects directly to the public sewer in Gorey Village Road directly via the pedestrian access between plots 19 and 20. This foul sewer has greater capacity for the proposal and the pumped main will be required to connect to an on-site spill chamber before discharging via a gravity connection to the public foul sewer. All foul manholes within the site are required to be the pre-fabricated type that restricts ground water ingress. The final pumping rate of the private foul station will require to be agreed with TTS Drainage. On completion, the station will be administered and maintained by a site management company. Please note that all unwanted sewer connections are required to be sealed to prevent debris entering the public sewer system.

 

Whilst it was agreed that surface water could discharge to the existing public network without attenuation, due to the fact that there is an overall reduction in hardstanding area, it was not anticipated that 80% of the new site would discharge via one outlet as is being proposed i.e. the 300mm diameter pipe to the north-east. If it is demonstrated that soakaways or permeable paving will not work and the site has to discharge to the adjacent surface water sewers then ideally, the areas that currently discharge via each route should be maintained for the new development as much as possible. This may require a quick exercise to determine which areas currently discharge via which route.”

 

Drainage section of TTS in its letter dated 23.11.11 states “In addition to the previous comments, we note that on drawing 3173-SKOO1 a small light grey structure is indicated in the proximity of our manhole MH6 in the south-western corner of the aite at the access leading to La Rue de la Potterie. This structure, directly over the top of the existing public foul and surface water sewers will not be allowed. Connection of the surface water drainage from the south-western section of the site will be required to connect directly to manhole MH6 and not manhole MH6-1 as indicated on the drawing. All final connection work to the public foul sewer system must be supervised and inspected by TTS Drainage.”

 

Health Protection Team of H&SS in its letter dated 14.12.11 states “Due to the size of the site and its proximity to existing residential premises, there is potential for nuisance during demolition and construction work on site. To avoid nuisance from noise during demolition and construction, contractors should undertake work in accordance with the Health Protection guidelines for Noise Control for Construction Sites. To avoid nuisance from dust during demolition and construction or excavation, contractors should undertake work in accordance with the Major of London’s Best Practice on the control of dust emissions from construction and demolition.”

 

Applicant’s Agents in their (précis) letter dated 22.2.12 in response to the comments received from the Parish states “The fundamental highway access and egress arrangements in respect of re-using both the existing site access at La Rue Horman and Chemin des Maltieres are unchanged from the original application approved under P/2010/0334. The principles and findings from the Traffic Assessment undertaken for the site as part of the current application remain fundamentally altered from the previous scheme. The traffic generation calculations have now been reviewed to fully reflect the revised quantum and unit mix proposed with the revised application and demonstrates that there will be a substantial reduction in traffic generation when compared with the existing commercial use on the site.”

 

All consultations are attached with the background papers

 

12.Representations

The application has been advertised on site and in the local newspaper. The proposal has generated a total of 40 letters of objection. The grounds of objection are as follows:

 

  • There are a number of boundary issues that need to be resolved;
  • The size and scale of the development is out of keeping with the surrounding estates;
  • Three storey dwellings will be out of character with the area;
  • There will be a loss of light and privacy to adjoining dwellings;
  • There is no variation to the submitted house types producing an uninteresting estate layout;
  • Is the drainage sufficient to cope with the increased development;
  • No first time buyer provision;
  • The vast majority of the local residents are against the scheme;
  • The development will increase noise; nuisance and disturbance;
  • There will be an increase in traffic generation and issues of road safety;
  • The site will have limited parking with poor sized garages and no room for street parking;
  • Part of the land should be used for sheltered housing, and
  • The village does not have enough infrastructure to cope with the increased demand i.e. schools and youth club size and play provision locally.

 

One local resident has written to confirm ownership of a boundary wall.

 

The majority of local residents consider that the current extant permission on the site is the better scheme.

 

Deputy Carolyn Labey has also written to object. Her grounds for objection as outlined in her letter dated 11.11.11 are as follows:

 

  • The submitted designs are of an inferior quality to those previously approved on site and have no bearing to the area;
  • The dwellings are large three storeys and will result in overlooking and loss of privacy to immediately adjoining neighbours;
  • There are a number of questions that need to be answered, namely – what communication has taken place in respect of the local school and youth club? What provision is being made to provide for adequate amenity space with the central hub of the village and gardens being ripped out? What provision is being made for the fact that this area is below the high tide water mark? What provision is being made to provide the apparent urgent desperate need for sheltered housing? What consideration has been given to increased traffic? What will the planning gain be for the area – surely more than a bus shelter?

 

Applicant’s Agents in their (précis) letter dated 18.1.12 states

 

  • The previous consents were for 57 and 52 dwellings respectively. The current scheme is for 53 dwellings:
  • The current application has been designed by a renowned classical architect drawing on the traditional Jersey vernacular. The previously approved scheme has 8 units that are fully 3-storey dwellings plus a pitched roof, a further 25 units with a third storey of accommodation within the roof space and the remaining units having adequate pitched roof areas to accommodate a future third storey;
  • Sheltered housing is being provided on Field 148 in accordance with a States decision of July 2008. There will be an attractive area of enclosed amenity space at the centre of the development and the water attenuation area at the southern end of the site will remain as open space;
  • It is important to have more than vehicular access to a development of this size. The access onto Chemin des Maltieres already exists and has approval as part of a previous planning permission;
  • The distance between the existing and proposed homes is no less than many other such relationships between dwellings in the built-up areas. Where dwellings have been sited close to adjoining houses particularly where they abut the cottage properties in Gorey Village Main Road, the internal layouts have been designed to ensure that overlooking is reduced to a reasonable level;
  • TTS Drainage is satisfied that the drainage system can cope and TTS Highways is unlikely to object to the vehicular access points, nor to the capacity of the local roads. We do not consider that there will be any significant increase in traffic flows as a result of the development;
  • The car parking provision meets the Planning Department’s current guidelines, and
  • The applicant intends to make direct contact with the parties involved with boundary arrangements.

 

Applicant’s Agents in their letter dated 10.2.10 with revised pland attached, states

 

  • In order to address the concerns of the adjoining neighbours we have incorporated the following design revisions:

 

Rear facing dormer windows omitted from units 11-16, 21, 22 and 36-43 and replaced with velux roof lights in order to avoid any potential for direct overlooking of neighbouring properties at Gorey Village Main Road and Les Hoummets.

 

Units 23-26 have been reduced in size by 200mm each in order to increase the distance to the rear boundary of the property known as Fernleigh located on Gorey Village Main Road by a total of 800mm.

 

External access stairs and balconies to the rear of units 23-26 omitted and kitchen/dining rooms to these units relocated to ground floor to avoid any potential for direct overlooking of neighbouring properties at Clos de Sargent.

 

Following the receipt of these amended plans, the application has been re-advertised in the local newspaper and on site. To date, the revised proposal has generated 10 letters of objection. The grounds of objection (in addition to the previous objections stated above) are as follows:

 

  • The amendments demonstrate no improvements to the original Dandara submission;

 

All letters of representation and responses are attached with the background papers

 

13.Planning

Assessment

 

a)Policy Considerations

 

 

 

 

 

Policy SP1 – Spatial Strategy – sets out that development will be concentrated in the Island’s Built-Up Area, as defined on the Proposals Map.

 

This application site is within the Built-Up Area.

 

Policy SP2 – Efficient Use of Resources – sets out that development should make the most efficient and effective use of land, energy, water resources and buildings to help deliver a more sustainable form and patters of sustainable development. In particular the proposed spatial distribution of new development should be designed to limit carbon emissions.

 

This proposal is considered to be an appropriate location for new residential development.

 

Policy SP 4 – Protecting the natural and historic environment – A high priority will be given to the protection of the island’s natural and historic environment.

 

This issue is discussed in more detail in the later sections of this Report.

 

Policy SP6 – Reducing Dependence on the Car – applications for residential development must be able to demonstrate that they will reduce dependence on the private car by providing for more environmentally friendly modes of transport.

 

The site is located within the Built-up Area within the centre of Gorey Village with shops and other facilities. The village is also well served by a good bus route to and from St. Helier.

 

Policy SP7 – Better by Design – this confirms that all development must be of a high quality design that maintains and enhances the character and appearance of the area in which it is located.

 

This issue is discussed in more detail in the later sections of this Report.

 

Policy GD1 - General Development Considerations - states that development proposals will not be permitted unless the proposal contributes towards a more sustainable form and pattern of development, does not seriously harm the natural and historic environment, does not seriously harm the amenities of neighbouring uses, contributes or does not detract from the Island’s economy, contributes to reducing the dependence on the car, and is of a high quality of design.

 

These considerations will be reviewed in the later sections of this Report.

 

Policy GD2 – Demolition and Replacement of Buildings – this policy confirms that demolition of a building will only be permitted where it is not appropriate in sustainability terms to repair of refurbish it, and where adequate provision is made for waste management and minimisation.

 

There is a current extant permission on the site for residential development. In any event, the scheme involves the demolition and replacement of existing buildings. These buildings make little contribution to the character of the area and given the difficulties that would arise from conversion and re-use, their demolition and replacement is supported.

 

Policy GD 4 – Planning obligations – Where as a direct consequence of a proposed development, additional infrastructure or amenities are required, the provision of these facilities will be negotiated with the developer through the use of planning obligations, where it is necessary and appropriate to do so.

 

The development will be subject to a revised Planning Obligation.

 

Policy GD7 - Design Quality - requires that a high quality of design that respects, conserves and contributes positively to the diversity and distinctiveness of the landscape and built context will be sought in all developments.

 

The issues relevant to this assessment are considered in the later sections of this Report.

 

Policy GD8 - Percentage for Art - states that the Minister will encourage the contribution of a percentage of design and development costs to the provision of public art.

 

A Percent for Art statement accompanies the application, setting out how the Percentage for Art objectives can be met.

 

E 1 – Protection of Employment Land – There will be a general presumption against development which results in the loss of land for employment use as supported by the Strategic Policy SP 5 – Economic growth and diversification, unless:

 

1. It is demonstrated that the site is inappropriate for any employment use to continue, having regard to market demand. Applications will need to be accompanied by documentary evidence that the size, configuration, access arrangements or other characteristics of the site make it unsuitable and financially unviable for any employment use and confirmation by full and proper marketing of the site on terms that reflect the lawful use and condition of the premises.

2. The existing development is predominantly office or tourist accommodation, or

3. The overall benefit to the community of the proposal outweighs any adverse effect on employment opportunities and the range of available employment land and premises, or

4. The existing use is generating environmental problems such as noise, pollution, or unacceptable levels of traffic and any alternative employment use would continue to generate similar environmental problems.

 

There is a current extant permission on the site for residential development.

 

BE 3 – Green Backdrop Zone – Within this zone, development will only be permitted where the landscape remains the dominant element in the scene and where the proposed development is not visually prominent or obtrusive in the landscape setting; it retains existing trees and landscape features and it presents satisfactory proposals for new planting which serve to maintain and strengthen the landscape setting and character of the area.

 

In this respect, the site is relatively flat and does not contribute significantly to the backdrop of the village. There are a number of mature trees on site, although only a few make a significant contribution to the visual character of the area. Additional planting is proposed as part of the scheme.

 

SCO 4 – Protection of open space – Existing open space will be protected and its loss will not be permitted except in exceptional circumstances.

 

The site is located adjacent to an area of open space. This area of land is located outside the application site boundary and is to be retained as general amenity space for the area.

 

Policy H 3 – Affordable housing – Permission will not be granted for any residential development to which this policy applies, whether or not this forms part of a mixed use scheme, unless and until the Minister for Planning and Environment is satisfied that the development has maximised the opportunity for the provision of affordable housing in accord with the parameters of this policy.

 

There is an extant permission on this site for residential development, with no affordable housing requirement.

 

The Adopted Plan confirms that the Minister for Planning and Environment will carry out consultation, adopt and publish supplementary planning guidance on the operation of the policy, to provide detail on the calculation of on-site and commuted sum values for any given housing development, together with practical information on the application of the policy, the use of planning obligation agreements and policy procedure.

 

To date, the supplementary planning guidance has not been issued and as a consequence, the Minister for Planning and Environment is not able to seek any affordable housing provision on the site.

 

H 4 – Housing Mix – Proposals for all new residential development are required to contribute towards the need for specific types and sizes of home, relative to the latest published evidence of need, as set out in supplementary planning guidance. The extent to which a planning application meets the published guidance with respect to housing mix will be an important material consideration in the grant or otherwise of planning permission. In assessing the contribution of residential development proposals to meeting the island’s need for homes of a specific size and type, the Minister will have regard to the nature and location of the site, its context and the character of the area. The provision of housing to meet special requirements and staff accommodation shall be exempt from the requirements of this policy. 

 

The development seeks the provision of 3 and 4 family bedroom houses. The most recent Residential Land Availability studies released in October 2011 suggests that from known housing commitments at the start of 2011 (both Category A and B housing), that the commitments cover a range of dwelling types and include nearly 2,000 flats (66%) and approximately 1,000 houses (34%). The evidence also suggests that currently in the pipeline there are significant additional supplies of 1 and 2 bedroom accommodation (83% of which are flats) and reasonably healthy supplies of 3 and 4 bedroom family homes (80% of which are houses).

 

H 6 – Housing development within the Built-up Area – Proposals for new dwellings, extensions or alterations to existing dwellings or changes of use to residential, will be permitted within the boundary of the Built-up Area as defined on the Island Proposals Map, provided that the proposal is in accordance with the required standards for housing as established and adopted by the Minister for Planning and Environment through supplementary planning guidance.

 

The site is within the Built-Up Area as defined on the Adopted Plan.

 

NE 1 – Conservation and enhancement of biological diversity – There will be a presumption in favour of the conservation and enhancement of biological diversity in accord with Policy SP 4. Permission will not be granted for the total or partial loss of a protected site or development which would seriously affect biological diversity.

 

An Ecology Assessment has been submitted with the application. The assessment includes a desk survey, a site survey, results and interpretation and potential impacts and recommendations. This has been submitted in response to a condition requiring such an assessment on the extant permit (condition 22).

 

The survey has determined that whilst the majority of the site is of low ecological value, there are some features present which require consideration in advance of commencement of development of the site. In summary these involve a further survey for bats; determination of appropriate mitigation, compensation and enhancement strategies for amphibians and reptiles, birds and small mammals (including bats) and further discussions with the Natural Environment Officers. These matters can be controlled by condition.

 

NE 4 – Trees, woodlands and boundary features which are which are of landscape, townscape, amenity, biodiversity or historical value, will be protected by:

 

1. refusing development proposals which will result in their loss or damage; and

2. requiring trees or hedgerows which are being retained on development

sites to be adequately protected during any site works; and

3. adding individual trees and groups of trees which make an important contribution to the landscape, townscape or local amenity value of a site or area to the List of Protected Trees.

 

Development proposals which do not adequately make provision for the appropriate landscaping of a site - including the retention of existing trees and hedgerows, as appropriate, and the provision of new planting with species which will be of benefit to the Island's biodiversity - will not be approved.

 

The issues relevant to this assessment are considered in the later sections of this Report.

 

Policy TT 3 – Cycle routes – Applications for large developments will be assessed to determine their potential to contribute towards further development of the Eastern Cycle Route network and may be required to contribute directly through the provision of a section of cycle path or to enter into an agreement to make an appropriate financial contribution to the development or enhancement of the network.

 

Whilst there is an extant permission on the site for housing development, the developer has been approached to ascertain whether or not there would be any willingness to contribute towards the Eastern Cycle Route provision.

 

The developer has confirmed that such a financial contribution was not a request or requirement when the extant Permit was considered during the application process, or indeed when the Planning Obligation was negotiated. No allowance has been made within the budgeting of this development, albeit that the requirement to contribute to the installation of a footpath to La Rue Horman, a new bus stop and the appointment of a Travel Plan co-ordinator shall remain as per the existing Permit. However as the revised planning application does increase the existing consented development size by one house, there would be an agreement to a financial contribution to the Eastern cycleway of £1000 for this additional unit.

 

Given the circumstances, this arrangement is considered to be acceptable.

 

Policy TT4 - Cycle Parking - requires cycle parking provision in all new developments.

 

Details of proposed cycle parking provision can be controlled by condition.

 

Policy TT 5 – Road safety – Where appropriate, traffic and pedestrian safety measures will be implemented on the highway network particularly in residential areas to improve road safety. In all new residential developments, all new road layouts should be designed to reinforce low vehicle speeds, cycle safety and pedestrian priority.

 

The previously approved scheme indicated a requirement to pay for the establishment of a cycle path along La Rue Hormon to connect the site to the proposed eastern cycle network which will run parallel to La Rue a Don. In conjunction with this, traffic calming islands will be installed in La Rue Hormon to assist with traffic control and the establishment of the proposed cycle path. Precise details of which will be the subject of a Planning Obligation.

 

Policy TT7 – Better Public Transport – seeks to ensure that developers contribute to better public transport facilities and infrastructure.

 

TT 8 – Access to public transport.

 

The site is served by one of the principal bus routes on the island (No. 1) and 2no. other routes (1a and 1b). The previously approved scheme indicated the requirement for a new bus shelter for the south bound bus route at the existing bus stop on La Rue a Don at its junction with La Rue Hormon. The bus shelter has since been erected by TTS Highways, the costs of which will be reimbursed by the developer through the Planning Obligation.

 

Policy TT9 - Travel Plans - requires that development generating significant amounts of traffic will be required to provide a Travel Plan at the time of submission.

 

The development will generate an amount of traffic and the matter can be dealt with by Condition.

 

Policy NR7 - Renewable Energy in New Developments – requires large developments to incorporate on-site low carbon or renewable energy production equipment to off-set predicted carbon emissions by at least 10%, except where it is demonstrated that such provision would make the development unviable or where it would have an adverse visual or amenity impact.

 

The application submission includes a Sustainable Homes study demonstrating that the development will achieve identified targets for reduced energy and water consumption, the selection of environmentally friendly and responsibly sourced materials and the protection and enhancement of ecologically valuable habitats.

 

Policy LWM2 - Foul Sewerage Facilities - provides that development which results in the discharge of sewerage effluent will not be permitted unless it provides a system of foul drainage that connects to the mains foul sewer.

 

The proposal will be connected to mains foul sewer network.

 

Policy LWM3 - Surface Water Drainage Facilities - requires proposals for new development to incorporate Sustainable Drainage Systems into the overall design to ensure that surface water run-off is managed. Discharge rates will be required to be limited to pre-existing natural rates of run-off to avoid causing flooding.

 

The proposals will be connected to the surface water sewer, this matter can be controlled by condition.

 

Policy WM1 - Waste Minimisation and New Development - states that the Minister will encourage the minimisation of waste generated as part of construction activity and an increase in recycling, re-use and recovery of resources. Major developments with a floor space of over 1000m² will only be permitted where measures are taken to minimise the waste arising and to recycle, re-use and recover as much as possible of generated waste materials, and opportunities are taken to maximise on-site management of waste. Where inert waste generated cannot be re-used on site, it should be diverted for recycling with a licensed contractor.

 

The submitted Waste Management details are not a final document but conclude that the worst case scenario is that the majority of waste would be taken to the reclamation site at La Collette. In order to demonstrate compliance with this policy, the waste should be recycled with a licenced contractor.

 

A Refuse Strategy has also been submitted indicating locations of recycling bins and household refuse bins within the development, together with the refuse vehicle tracking arrangements within the proposed road layout.

 

 

b)Size, scale

Form and Siting. Architectural Design and Use of Materials

The main village street is quite compact and bounded by random low granite walls to the shallow front gardens of a mixture of terraced, semi-detached and detached buildings of varying scales and sizes, constructed in a mixture of styles over time. The street is narrow and in its older areas, without pavements.

 

There is a predominance of rendered houses interspersed with buildings constructed in Jersey granite, some of which are in the traditional farm house style. The roofs are a mixture of slate and clay pantiles.

 

The heights of the main street buildings range from single storey to 2.5 storey, with a few three storey houses. In the main, there is a predominance of two storey houses.

 

The design of the development seeks to replicate the scale and character of the village in terms of its building types and disposition. The central area of the site is an open green created around a number of retained trees and is linked to the southern communal green space via an open central landscaped vista with a stream and narrow open lane. The stream serves as a surface water overflow system across the site, which will discharge into the catch pond located in the southern communal green space. A pond is created at the head of the stream within the central green.

 

The dwellings have been designed to be principally traditional in approach with Jersey relevance in details such as porches, dormer windows, stone quoins and architraves to demonstrate an evolution of development over a period of time. 

 

A formal arrangement of houses on the north side of the green form a centrepiece which closes off the central vista as viewed from the southern end of the site. The remaining buildings which surround the green present a semi-formal and traditional vernacular frontage to the space. The green is central to the scheme, the point at which the principal vistas and routes circumnavigate.

 

The remaining plots are arranged around the site perimeter, with two island sites placed either side of the central landscaped area. The eastern approach to the site is through an alley which passes beneath and between plots 19 and 20. These two cottages are located on the main road frontage and seek to establish the character of the terraces which line the main street.

 

Materials will include render, granite, natural slate or red pantiles, timber windows and doors. These details can be conditioned accordingly.

 

The current extant permission also used the mature trees and stream as the focal point of the design. The main access road into the development will follow the stream, with a series of roads off the main artery, leading to other dwelling units and parking areas.

 

The approved dwelling units will be a combination of two, two and a half and three storeys in height, which was considered to be consistent with the general form of the existing development directly adjoining the site and the area generally.

 

A number of local residents have commented that the proposed scheme will have dwellings taller than the current extant scheme. The information below demonstrates that this is not the case

 

The approved scheme contained typical pitched roof ridge heights of 11.0m above finished floor level. A number of feature units in the scheme have further increased ridge heights of 11.7m and 11.9m above ground level as well as including 8 dwellings consisting of three full storeys of accommodation. A further 17 units within the scheme have an occupied third storey within the roof space and most of the remaining units as approved have large  pitched roof areas which could be converted to a future third storey.

 

The proposed scheme on the other hand has typical maximum ridge heights of between 10.3m and 10.7m for the vast majority of the dwellings (40 units). Of the remaining units, 7no. of these have lower ridge heights of 9.7m (units 17, 18, 23, 24, 25, 26 and 45) and the other 6 ‘gable’ units (1,2,3,34,35 and 44) have a maximum ridge height of 10.9m. The application includes 11no. full three storey units with the remainder being two storey plus roof space accommodation.

 

In layout terms, the rationale behind the current extant scheme was to utilise the existing trees and stream as the focal point of the scheme and the location of dwellings within the central access road into the site produced a pleasing site aesthetic.

 

However, the remainder of the site layout contains an ad-hoc arrangement of houses and flats and a predominance of double garage blocks interspersed between large areas of paving and incremental areas of amenity areas and landscaping.

 

It is considered that the proposed scheme makes better use of the site in producing a more cohesive and rational site layout, to the overall benefit of the area.

 

 

c) Impact In the

Landscape/Street

 

In this respect, the site is relatively flat and does not contribute significantly to the backdrop of the village. There are a number of mature trees on site, although only a few make a significant contribution to the visual character of the area. Additional planting is proposed as part of the scheme.

 

d) Impact on

Neighbours

The site is bordered by existing residential development on three sides. Whilst it is acknowledged that the current development extends the built form of the scheme to the site edges which is a different arrangement to certain areas of the extant permission, the new development has been assessed to ascertain whether or not the siting and design of the new development will have an adverse impact on the privacy and amenities of the immediately adjoining neighbours.

 

In order to try and address the concerns of residents, the developers have amended the scheme so that the rear facing dormer windows have now been omitted from units 11-16, 21, 22 and 36-43 and replaced with velux roof lights in order to avoid any potential for direct overlooking of neighbouring properties at Gorey Village Main Road and Les Hoummets.

 

Furthermore, units 23-26 have also been reduced in size by 200mm each in order to increase the distance to the rear boundary of the property known as ‘Fernleigh’ located on Gorey Village Main Road by a total of 800mm and the external access stairs and balconies to the rear of units 23-26 have been omitted and kitchen/dining rooms to these units relocated to ground floor to avoid any potential for direct overlooking of neighbouring properties at Clos de Sargent.

 

The developers have also confirmed that boundary issues will be discussed with individual property owners accordingly.

 

It is considered that with the changes that have been undertaken, the proposed development will not have the perceived impact on the amenities and privacy of the immediately adjoining neighbours.  

 

 

e) Access, Car

Parking & Highways

Considerations

The proposed development will utilise the existing main vehicular access from La Rue de la Potterie via La Rue Hormon, which then has direct access both to La Rue a Don and Le Chemin des Maltieres. A minor secondary vehicular access, La Vanelle Rue, lies in the northern corner of the site. Pedestrian access can be gained directly from Gorey Village main road through the building presently on site. At the southern end of the site, there is also a pedestrian footpath which links La Rue le la Potterie/Les Hoummets to Gorey Village main road.

 

The current proposal for 53no. dwellings contains a total of 174no. parking spaces, including 155 private residential parking spaces for residents (including private garages), 15no. visitor parking spaces and 4no. spaces for specific adjoining neighbours.

 

By way of comparison, the extant permission for 52no. dwellings contains a total of 146no. car parking spaces, comprising 133 for residents and 13no. for visitors.

 

Residents have raised concerns regarding a perceived increase in bed spaces from 139 approved to 191 as proposed.

 

As part of the submission, a review of the previously approved Transport Statement was undertaken and a revised Transport Statement duly submitted. Even with the perceived increase in bed spaces, TTS Highways having assessed the revised traffic date have raised no objections to the development. The car parking arrangements are also acceptable and in accordance with the requirements of Planning Policy Note 3: Parking Guidelines.

 

The site is served by one of the principal bus routes on the island (No. 1) and 2no. other routes (1a and 1b). The previously approved scheme indicated the requirement for a new bus shelter for the south bound bus route at the existing bus stop on La Rue a Don at its junction with La Rue Hormon. The bus shelter has since been erected by TTS Highways, the costs of which will be reimbursed by the developer through the revised Planning Obligation.

 

The extant permission includes the requirement to establish a cycle path along La Rue Hormon to connect the site to the proposed eastern cycle network which will run parallel to La Rue a Don. In conjunction with this, traffic calming islands will be installed in La Rue Hormon to assist with traffic control and the establishment of the proposed cycle path. Details of which will be the subject of a revised Planning Obligation as follows:

 

“The Developer is to design and build a road side footpath/cycle path in La Rue Hormon north of La Rue de Potterie, on land owned by the public. The land in question is approximately 1.5m wide x 60m long. The design and construction is to be carried out to a standard and by a consultant and contractor approved by TTS. TTS will provide the required Ministerial Approval once a design has been provided to enable a recommendation to be made to the Minister for TTS to approve the construction of the afore mentioned road side footpath.”

The access, car parking arrangements and highway works are considered to be acceptable.

 

 

f) Foul Sewage &

Surface Water

Disposal

T&TS Drainage have confirmed that following further discussions with the applicant’s, that the drainage principles for both foul and surface water drainage are acceptable and that the precise arrangements can be conditioned accordingly.

 

 

g) Landscaping

A landscape Statement has been submitted confirming the opportunities to improve the overgrown and un-kept green boundaries and to retain existing trees which contribute to the environment and the local character.

 

There are at present a large number of trees within the site boundary. The trees vary considerably in maturity, condition and species. The mature weeping willow trees will be retained as a feature in the proposed village green.

 

Of the remainder of the existing trees, 95no. have been selected for removal and will be replaced by approximately 125 new trees.

 

Generally within the car park and along the western boundary, trees are overcrowded and previous poor management has resulted in misshapen, weak and poor specimens. It is proposed to improve the appearance of the eastern and western boundaries by planting new hedging and a variety of small to medium sized trees.

 

There are a number of poplar trees at various stages of maturity within the site. These are likely to become a health and safety hazard to any new and existing housing in and around the site and as a consequence, they have been selected for removal.

 

Other trees around the site have been compromised by their proximity to walls, buildings and other structures. Again, these have been selected for removal.

 

There are also a few trees and large shrubs which offer little ecological value, are immature or ornamental in nature and these have been selected for removal. The proposed scheme includes the planting of a variety of new trees more suitable and in keeping with the character of the area. Precise details of species together with a management plan etc, can be controlled by Condition.

 

 

h) Archaeology

 

There are no archaeology issues.

 

i)Waste Management

Existing buildings will be demolished as part of the site development; with hard core materials re-used as fill materials for temporary roads and piling mat, with other waste streams being separated for recycling.

 

j)Planning Obligations

& Percent for Art

The previously drafted but never completed Planning Obligation will need to be revised. A Percentage for Art (PfA) Statement has been submitted indicating a financial contribution commensurate with the percentage of the build costs and the involvement by a recognised PfA advisor.

 

k)Contaminated Land

Whilst a desk study of the site was carried out in 2006 and no evidence to suggest the existence of ground contamnination was found, a full site investigation has yet to be commissioned. This matter can be controlled by condition.

 

 

l) Sustainability

The application submission includes a Sustainable Homes study demonstrating that the development will achieve identified targets for reduced energy and water consumption, the selection of environmentally friendly and responsibly sourced materials and the protection and enhancement of ecologically valuable habitats.

 

The site is located within the Built-up Area within the centre of Gorey Village with shops and other facilities. The village is also well served by a good bus route to and from St. Helier.

 

 

m) Other Matters

Applicants Agents in their (précis) letter dated 30.1.12 states

 

  • The consultation process has been open and thorough and undertaken in the correct manner;
  • Whilst not a planning issue, the applicant is consulting the relevant neighbours directly to address and concerns and clarify specific matters of land ownership;
  • The proposed use of the existing access onto Chemin des Maltieres remains as approved under P/2010/0334. This existing access has been used throughout the period of occupation of the site by Jersey Pottery for good deliveries and service access;
  • The level of traffic generation will be lower than that currently experienced at peak times with the existing commercial use of the site;
  • The application process has included several meetings with TTS Drainage to discuss and agree an appropriate solution;
  • The Planning Department has acknowledged that significant areas of the approved scheme do not meet the level of design quality envisaged for this important site;
  • The proposals take a more sympathetic, traditional approach will well designed, varied house types arranged around an informal village green to create a distinct sense of place and a quality of environment more appropriate to the existing village context;
  • The application as submitted represents an overall residential density of 70 habitable rooms per acre which is entirely appropriate to the location and in accordance with the 2011 Island Plan objectives for sustainable use and re-use of land within the defined built-up area boundary;
  • The scale and mass of the proposed development has been carefully considered to relate to the surrounding local context and to the principles established in the current planning approval for the site. Below are details relating to the approved Huw Thomas (HT) versus that of the proposal

 

The current HT scheme identifies typical pitched roof ridge heights of 11.0m above finished floor level. A number of feature units in the HT scheme have further increased ridge heights of 11.7m and 11.9m above ground level. The HT scheme also includes 8 dwellings consisting of 3 full storeys of accommodation. A further 17 units within the scheme have an occupied third storey within the roof space and most of the remaining units as approved have substantial pitched roofs capable of accommodating a future third storey.

 

The proposed scheme has typical maximum ridge heights of between 10.3m and 10.7m for the vast majority of the dwellings (40 units). Of the remaining units, 7 of these have lower ridge heights of 9.7m (units 17, 18, 23, 24, 25, 26 and 45) and the other 6 ‘gable’ units (1,2,3,34,35 and 44) have a maximum ridge height of 10.9m. The application includes 11 full 3-storey units with the remainder being 2-storey plus roof space accommodation. For the avoidance of doubt, the dwellings are all lower than the maximum height houses previously approved under the HT scheme.

 

  • All proposed dwellings include private garden areas that exceed current housing standards and planning policy requirements. Gardens are designed to be a functional and flexible extension to the internal living areas which are themselves larger than the required space standards for new housing;
  • The village green will provide a large landscaped public amenity space at the heart of the scheme including retained mature trees and a village pond with pedestrian links to Gorey Village Main Road and La Rue Horman. The total amount of public open space provided under the scheme is 25% greater than the area provided as part of the HT scheme and has been designed in a manner that will make it far more accessible and useable for residents and neighbours;
  • The impact on local amenities and public services such as schools will not be substantially different from that accepted through the current approval, and
  • There will be compliance through all the necessary Codes of Practice and Health and Safety regulations regarding noise and pollution etc.

 

The areas of private amenity space for each dwelling unit are acceptable although ‘Permitted Development’ rights will be removed to ensure that the garden areas remain useable for their designated purpose. This matter can be controlled by Condition.

 

 

14. Conclusion

The site is within the Built-Up area where there is a presumption in favour of new residential development subject to compliance with the usual development control criteria. This has been acknowledged by the vast majority of the objectors to the scheme, as has the fact that there is an extant permission for residential development on the site.

 

This current scheme seeks to provide one additional dwelling unit to the 52no. previously approved, but to re-order the site layout to make a more efficient use of the land available whilst providing a development of high quality design and appearance.

 

 

The site is relatively flat and the development has been designed to ensure minimum harm to the amenities of the occupants of the immediately adjoining residential properties.

 

The form, scale and design of the proposal is appropriate to the context of the surrounding buildings and will provide a high quality development on this previously developed site. This is in accordance with the Minister’s principles.

 

 

 

 

15.Department Recommendation

Subject to the satisfactory completion of a Planning Obligation to cover the provision of the proposed footpath/cycle path works and the financial contribution for the provision of the erected bus shelter on La Rue a Don and the financial contribution towards the Eastern Cycle way, GRANT PERMISSION subject to conditions

 

Alternatively in the event that a suitable Planning Obligation is not agreed within 6 months of being authorised in accordance with this recommendation then REFUSE the grant of planning permission.

 

 

16. Conditions   

1. The development shall be carried out strictly in accordance with the deposited plans and drawings. No variations shall be made without the prior written approval of the Minister for Planning and Environment.

 

 For the avoidance of doubt and in accordance with the requirements of Policies GD 1 of the Adopted Island Plan 2011

 

 2. Before any development first commences on site, the developer shall appoint a Travel Plan Co-Ordinator to undertake a Travel Plan in conjunction with the development.  The Travel Plan Co-ordinator will advise TTS Highways of the progress of the Travel Plans every 6 months for a period of 5 years from the date of occupation of 50% of the dwellings on the Development.  On completion of the site, or at 50% occupation, the roles and responsibilities of the Travel Plan Co-Ordinator will be transferred from the Developer to the Management Company of the site.  The roles, responsibilities and duties of the Travel Plan Co-Ordinator along with the resources required to ensure the proper discharge of those duties shall be written into the constitution of the Management Company for the Development.

To improve the highway and public transport infrastructures in accordance with the requirements of Policies TT 7 and TT 9; of the Adopted Island Plan 2011.

3. Prior to the first commencement of any superstructure works on site, samples of all the materials to be used in the construction of the new development shall be submitted to and approved in writing by the Minister for Planning and Environment. The approved scheme shall be implemented in full and shall be retained and maintained as such.

For the avoidance of doubt, no tarmacadam shall be used anywhere within the site.

To safeguard the character and appearance of the area and in accordance with the requirements of Policies GD 1 and GD 7 of the Adopted Island Plan 2011.

4. Before the coimmencement of any superstructure works on site, a landscaping scheme shall be submitted to and approved in writing by the Minister for Planning and Environment. The approved scheme shall be undertaken within the first available planting season and any trees which die, are removed or become seriously diseased within a period of five years from the date the planting first takes place, shall be replaced in the next planting season with others of a similar size and species.

The Landscape Architect must give written confirmation to the Minister for Planning and Environment that they are satisfied that the works are completed in accordance with the approved plans and the quality of the materials and workmanship is of the highest order.

 

To safeguard the character and appearance of the area in accordance with the requirements of Policies GD 1 and NE 4 of the Adopted Island Plan 2011.

5. In conjunction with Condition 4 above, a Landscape Management Plan including long term objectives, management responsibilities and maintenance schedules for all comunal landscaped areas shall be submitted to and approved in writing by the Minister for Planning and Environment prior to the first occupation of any part of the development.

 

To ensure a satisfactory form of development and continuing standard of amenities are provided and maintained in accordance with the requireents of Policies GD 1 and NE 4 of the Adopted Island Plan 2011.

 

6. No ground clearance work, demolition or construction work shall commence until a form of protective fencing at least 1.25 metres high securely mounted on timber posts firmly driven into the ground, have been erected around the trees to be preserved as indicated on the approved site plan. The fencing shall be located at least 1m beyond the line described by the furthest extent of the canopy of the tree group. Within these areas so fenced, the existing ground level shall be neither be raised nor lowered, all excavations shall then be carried out by hand. Roots with a diameter of more than 25 millimetres shall be left unsevered. There shall be no development nor development-related activities of any description, including the deposit of spoil or the storage of materials within then fenced areas. The Minister for Planning and the Environment shall be advised in writing when the protective fencing has been erected so that it can be checked on site before development commences and shall thereafter be maintained during the period of construction.

To prevent trees on site from being damaged during building works in accordance with the requirements of Policy NE 4 of the Adopted Island Plan 2011.

7. All existing hedges or hedgerows shall be retained unless shown on the approved drawings as being removed. All hedges and hedgerows shall be protected from damage for the duration of works on the site by the erection of protective fencing. Any parts of hedges or hedgerows removed without the prior approval of the Minister of Planning and Environment's consent or which die, or become, in the opinion of the Minister for Planning and Environment, seriously diseased or otherwise damaged within five years following completion of the approved development, shall be replaced as soon as is reasonably practicable and, in any case, by not later than the end of the first available planting season, with plants of such size and species and in such positions as may be agreed with the Minister for Planning and Environment.

To prevent hedges and hedgerows on site from being damaged during building works in accordance with the requirements of Policy NE 4 of the Adopted Island Plan 2011.

8. No development shall take place until a scheme of foul drainage and surface water drainage has been submitted to and approved in writing by the Minister for Planning and Environment. The approved scheme shall be implemented in full before the development is first brought into use and shall be retained and maintained as such.

To ensure satisfactory drainage arrangements and to avoid flooding in accordance with the requirements of Policies LWM2 and LWM 3 of the Adopted Island Plan 2011.

 9. Prior to the commencement of development, a Demolition and Construction Environmental Management Plan shall be submitted to and approved in writing by the Minister for Planning and Environment. The Demolition and Construction Environmental Management Plan shall thereafter be implemented in full until completion of the development and any variations agreed in writing by the Minister for Planning and Environment prior to such work commencing. The Plan shall secure an implementation programme of mitigation measures to minimise the adverse effects of the proposal and shall include:

 

(i)                 A demonstration of compliance with best practice in relation to noise and vibration control and control of dust and emissions;

(ii)                Details of a publicised complaints procedure, including office hours and out of hours contact numbers;

(iii)              Specified hours of working to be restricted to 0800-1800 Monday to Friday and 0800-1300 hours Saturdays with no working on Sundays or Public Holidays;

(iv)             Details of any proposed crushing/sorting of waste material on site ;

(v)               Parking of vehicles of site personnel, operatives and visitors;

(vi)             Loading and unloading of plant and materials, and

(vii)           Storage of plant and materials used in demolishing and then constructing the development.

 

To ensure that the development does not have an unreasonable impact on public health or the wider environment and to accord with Policies GD 1 and H 6 of the Adopted Island Plan 2011.

 

10. Notwithstanding the provisions of the Planning and Building (General Development) (Jersey) Order 2011 (or any order revoking and re-enacting that order with or without modification), the following development shall not be undertaken to the any of the dwellings hereby approved without express planning permission first being obtained from the Minister for Planning and Environment.  

 

- Extension to the dwelling (to include a conservatory); 

- Free standing buildings within the curtilages of the dwelling; 

- Addition or alteration to the roof;

- Erection of a porch; 

- Any windows or dormer windows;
- Hard surfacing;
- Container for the storage of oil;
- Satellite antenna, and
- Fences, gates or walls.

To enable the Minister for Planning and Environment to control the development and so safeguard the character and visual amenities of the area and to ensure that adequate private amenity space is retained within the curtilage of the dwelling in compliance with the requirements of Policy GD 1 of the Adopted Island Plan 2011.

11. The garages to all the house types shall not be used for any purpose other than those incidental to the enjoyment of a dwelling house but not including use as living accommodation.

To safeguard the residential character of the neighbourhood and to ensure the provision of adequate off-street parking accommodation to avoid congestion of adjoining streets by parked vehicles in accordance with the requirements of Policy GD 1 of the Adopted Island Plan 2011.

 

12. Prior to the first commencement of any superstructure works on site, precise details of the proposed boundary treatment arrangements (to include materials details and finishes) to serve the new development shall be submitted to and approved in writing by the Minister for Planning and Environment. The approved scheme shall be implemented in full and shall be retained and maintained a such.

 

To safeguard the character and appearance of the area in accordance with the requirements of Policy GD 1 of the Adopted Island Plan 2011.

13. No development shall take place until an investigation of the site has been undertaken to quantify the type, extent and concentration of any soil contamination which may exist. The investigation shall be undertaken in accordance with a brief which shall first be agreed in writing with the Minister for Planning and Environment. The results of the investigation shall be provided to the Minister for Planning and Environment and shall include recommendations for a scheme of remediation and foundation design, protection and implementation. The approved scheme shall be implemented in full and written evidence to confirm completion of the work provided to the Minister for Planning and Environment.

 

To ensure that the site is fully remediated before development takes place and that the buildings are suitably protected in accordance with the requirements of Policy GD 1 of the Adopted island Plan 2011.

14. A work of art shall be delivered in accordance with the advice of the appointed Approved Art Advisor and the Percentage for Art Statement (States Reference P 2011 1043 Drawing BP) which has been submitted to and approved by the Minister for Planning and Environment. The work of art must be installed prior to the first use/occupation of the development hereby approved unless otherwise agreed in writing.

 

So as to accord with the provisions of Policy GD 8 of the Adopted Island Plan 2011.

 

15. Unless otherwise agreed in writing with the Minister for  Planning and Environment, the architect for the development as approved shall be retained for the duration of the construction period. The architect (or another architect approved by the Minister for Planning and Environment  in writing before engagement), shall provide written confirmation to the Minister for Planning and Environment of the standard of construction for each dwelling unit prior to first occupation, together with a written endorsement/confirmation of the satisfactory final completion of the scheme.

 

   To safeguard the visual amenities of the area and to ensure the use of appropriate detailing in accordance with the requirements of Policies GD 1 and GD 7 of the Adopted Island Plan 2011.

 

16. Before any development first commences on site, precise details of the proposed works to ensure that the impact on the aquatic environment downstream from the site is minimised during construction works to the pond and the culvert, shall be submitted to and approved in writing by the Minister for Planning and Environment. The approved scheme shall then be undertaken in full.

 

To ensure the retention of the aquatic environment downstream from the site during works to the pond and culvert in accordance with the requirements of Policy LWM 2 of the Adopted Island Plan 2011.

 

17. Before any development first commences on site, an additional temporary pond/receptor together with protective fencing arrangements for the safety of the existing European Toads on site shall be constructed in accordance with details of its location, construction and programme of working for the construction of the new pond/water feature and subsequent de-commissioning of the temporary pond/receptor shall have been submitted to and approved in writing by the Minister for Planning and Environment prior to its first erection.

 

To ensure the protection of a recognised species in accordance with the requirements of Policy GD 1 of the Adopted Island Plan 2011.

 

18. No tree felling or hedge removal or any clearance works shall be undertaken between the period 1st March to 31st July in any calendar year unless a written statement has been submitted from a qualified and competent person confirming that there are no nesting birds or other protected wildlife in any of the trees or hedgerows to be felled or removed. The written statement shall be submitted to and approved by the Minister for Planning and Environment at least 5 working days in advance of any felling or clearance works.

 

To ensure the protection of any nesting birds and any recognised species in accordance with the requirements of Policies GD 1 and NE 4 of the Adopted Island Plan 2011.

 

19. The findings and required mitigation measures indicated in the submitted Ecology Assessment dated October 2011 (States Reference  P 2011 1403 BT) shall be implemented in full .

To ensure the protection of all recognised species in accordance with the requirements of Policy NE 1 of the Adopted Island Plan 2011.

 

 

 

 

17. Reason for Approval

The proposed development is considered to be acceptable having due regard all of the material considerations raised. In particular, the development has been assessed against Policies GD 1; GD 7 and H 6 of the 2011 Island Plan, in which the principles of residential development are acceptable in the Built-Up Area subject to criteria such as the suitability of the site to accommodate residential development without adversely impacting on amenities of both local residents and the area in general and with suitable access, parking and drainage arrangements available. In this case, the proposed residential development is regarded as acceptable because the design, siting and appearance of the dwellings are acceptable. They can be accommodated on the site without adversely impacting on the amenities of adjoining neighbours, the development makes best use of previously developed land in accordance with the principles of sustainability and the development can provide suitable drainage and parking arrangements.

 

In addition, the representations raised to the scheme on the grounds of the unacceptable increase in traffic generation, the unacceptable impact on the amenities of the immediately adjoining local residents, the unacceptable design of the development and the effect on the character and appearance of the area have been assessed. 

 

However, it is considered that the proposal accords with the terms of Policy GD 1 2011 Island Plan, in that it does not have an unreasonable impact on the amenities of local residents or on the character of the area in general.

 

 

 

18. Background Papers

1:2500 Location Plan

consultation responses

letters of objection

letters of support

responses from agent/ applicant

 

 

Endorsed by:

Date:

 

 

 

 

 


 

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