Policy Considerations (What are the presumptions) Policy C5 - Green Zone and Policy C4 – Zone of Outstanding Character are the principal planning policy considerations for this application. Policy C5 – Green Zone The loop road and the area in the middle of the Loop Road (which are the main focus for the development proposals) are within the Green Zone. Policy C5 carries a general presumption against all forms of development for whatever purpose. However, within the Green Zone, certain types of development may be permitted but only where the scale, location and design would not detract from, or unreasonably harm the visually sensitive character and scenic quality of this zone. Within the 10 listed types of development that may be acceptable in Policy C5 is: (x) development that has proven to be in the Island interest and that cannot practically be located elsewhere. It is considered that the proposed development would be in accordance with part (x) of Policy C5 in that the Applicant has satisfactorily demonstrated in the submitted information that the proposed permanent kart track is in the island Interest and cannot be practically located elsewhere. It is also considered that, subject to the conditions recommended at the end of this report, the proposal will not unreasonably harm the character and scenic quality of this area. The applicant has drawn attention to the fact that the Vice President of Planning and Environment made a statement to the States of Jersey on 23 July 1996 after the Kart Club’s former home at Belle Vue was compulsory purchased for housing in which he said: “the Planning and Environment Committee is conscious that the States wish to find a suitable site for the kart club and will endeavour to assist the Sport, Leisure and Recreation Committee and the Jersey Kart Club to find a suitable site”. Whilst the above quoted statement is not a firm commitment from Planning that a new site will be found, it is nevertheless a statement that demonstrates that the States wished to find a suitable site on the Island for the kart club and that Planning would try and assist the search for a site. This previous support from the States, is backed up by the high level of support for this application (121 letters in support have been received to this application). It is accepted that this support is not universal and there have also been a large number of strong objections (29 objections received). But it is considered that this support and that a kart track has existed on the Island since 1960 to the present day with a regular membership (albeit with a 5 year gap when the kart club was made homeless after Belle Vue) demonstrates the demand for a kart track in the Island and that it is in the Island interest to have a kart track. The question thus arises; can the kart track be practically located elsewhere? The applicant has submitted details showing previous planning applications and pre-application discussions over other possible sites. I have also pored over old planning files to explore potential alternatives. Jersey is a small island with limited potential sites for such a development. The kart club have also operated from the current site on a temporary basis for 12 years without major complaints. Whilst this application site may not be the perfect site for such a development as it has certain development constraints, it is accepted that this is an acceptable site for such a use and cannot be practically be located elsewhere. During the course of consultation, a couple of sites have been suggested by third parties as alternative sites. These suggested sites were near Crabbe and at Les Landes racecourse. Without wanting to prejudice any future planning application, these sites are hugely problematic to develop as a kart track. Les Landes is an Ecological Site of Special Interest and an Archaeological Site of Special Interest, as well as being a very open sensitive corner of the Island and in the Emerging Island Plan is in the National Park. Whilst the Crabbe site suffers from being within a ‘safety zone for hazardous installations’ and having poor road access. Policy C4 – Zone of Outstanding Character The approach road from La Route du Nord to the Loop Road and the land to the east of the Loop Road are within the Zone of Outstanding Character. The only development proposed on the approach road is for car parking which would be sited along one side of the existing road. It is considered that the proposed car parking on this road on race days only would not have an unreasonable impact on the character of the Zone of Outstanding Character. The proposed access track, gabion wall and infill for the track to the east of the loop road would be within the Zone of Outstanding Character. The proposed development of this area is considered not acceptable as it would have an adverse impact on the surrounding area. This access track was originally proposed because the loop road was to close to the general public and so was to provide alternative public access to a viewpoint. Following the amendment to the application on 08 February 2011 to keep open the loop road on non-race days, it is considered that in effect this proposed access track is superfluous and due to its potential adverse visual impact should not be approved. As such a condition is recommended that this access track is not approved as part of this application and this portion of land should remain as it is. On this proviso, it is considered that the proposal would be in accordance with Policy C4. Policies G2 and G3 are also relevant and set out general development considerations and quality of design issues that are discussed in detail below. Land Use Implications The principal use of the Loop Road would remain as a public highway. The applicant proposes to use the loop road for up to 200 hours approx as a kart track. This use of the loop road is not markedly different in principal from the existing (temporary) kart track use that has been there for 12 years. As mentioned the existing use is on a temporary basis, whilst the proposal is for a permanent track for the kart club. The area in the middle of the loop road is partly proposed for use by the kart club for parking for the competitors and as a pit lane and for certain changes to the track layout. Size, Scale, Siting and Design The proposed works include reconfiguring the kart track, a race control and St Johns ambulance building, parking and the new access track to the east. As already mentioned this access track is judged to have an adverse impact on the amenity of the surrounding area and a condition is recommended that this is not approved. It is considered that the reconfiguring of the track would have a limited impact on the character of the area and the environment/ecology of the area. The Loop Road itself would remain as it is now, with the addition of certain new chicanes in the track. It is considered that that these new parts of the kart track should be sectioned off with a fence/chain and post fence to prevent its potential use outside race days. A condition is therefore recommended as outlined above. The proposed parking in the centre of the Loop Road would be on a grasscrete surface and partially screened by existing sloping sections of ground and it is considered this parking would not have an unreasonable limited impact on the character of the area. The buildings proposed are for portakabin structures. It is considered that the details and appearance of these buildings should be subject to a condition to ensure they are in keeping with the Green Zone. The buildings may benefit from being of a timber construction. The site plan shows various fences and a gate across the loop road. It is considered that the gate is unnecessary now that the loop road is to be open to the public on non-race days. On race days the applicant can instead put a temporary barrier across to prevent people walking onto the track. The fencing should be reduced to a minimum. For example there would appear to be no need if the access track is not constructed, for the fencing to the west side of this track. Accordingly a condition is recommended that the gate is not approved and that a further detail of the extent of the fencing is to be submitted for approval. Impact on Neighbours A Noise Assessment has been submitted by the Applicant (produced by Southdowns Environmental Consultants) with this application (please see section 5 of the EIA). In this Noise Assessment it was stated that the increase in background noise at the nearest residential property (which is approx 180 m away from the nearest part of the kart track) would be below 2 db by reason of the kart club activities. It is also stated that there is a large bank and trees to the south of the loop road which help to minimise noise dispersion. A number of common activities which can cause noise problems are quoted in this Noise Assessment for comparison purposes. The difference between these noise activities and the kart club use is that the kart club racing would continue for longer than these other activities and so could in theory cause more of a prolonged nuisance. In light of this, I attended unannounced a race meeting and walked around the surrounding residential area to help to determine if this would be a problem. The kart club have been using the loop road on a temporary basis for 12 years now and therefore there has been ample time to judge its noise impact on the surrounding residential properties and for complaints to the existing use to be registered. The application before us does not propose any different types of karts to what has been used in recent years on the loop road and although the proposed track would be different in the form of additional chicanes this is likely to reduce the noise as more corners are introduced which lower the karts speed and hence noise. Therefore we can be clear as to the existing and proposed usage and noise implications. Environmental Health stated that: ‘I believe that some residential properties will be impacted by the noise. In view of this the other two factors that need to be taken into account when considering the noise impact are the times of day that racing is allowed and the number of days that the track is used’. The number of hours of usage has now been amended to not increase the existing usage of 200 hours approx and taking into account the Environmental Health comments and letters of objection, the following is recommended: It is considered that with some further landscaping to the south of the site and certain other conditions listed below that the noise levels are within acceptable boundaries. This is not to say that there is no noise to the south of the site, there clearly is some, but due to the prevailing winds from the west, the noise has a tendency to disperse to the north and east and with the existing bank and landscaping this helps dissipate the noise to a degree. It is recommended that a condition is added to restrict the hours of racing to between 10:00 and 17:30. In addition the days of racing would be limited to a maximum of 20 race and practice days in total throughout the year. A condition is also recommended that the applicant shall provide to the Planning Department and Parish a list of the proposed race dates at the start of each year for approval. Access, Car parking and Highway Considerations The access would remain as existing. The proposed parking in the centre of the Loop Road and along the side of the approach to the Loop Road are considered acceptable in number and would alleviate some of the pressure on the existing public car park to the north of La Route du Nord. In light of the access track recommended not to be approved and the continued use of the Loop Road by the public there is no need for an additional turning area as highlighted in the TTS comments. Landscaping issues Condition recommended for a (soft and hard) landscaping plan to be submitted and approved. Countryside Management Section in conclusion state that: “In general, the impacts on the site should the proposed development gain planning permission, would not be significant in an Island context should suitable methodology for construction and site management be followed, and mitigation of the other impacts be provided. If permission were to be granted there are listed 8 different recommended conditions” The recommended conditions listed in this consultation are recommended to be added. |