Zanzibar, Le Mont Sohier, St. Brelade: Planning Application (P/2011/0348): Determination

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A decision made 13 June 2012:

Decision Reference: MD-PE-2012-0061

Application Number: P/2011/0348

(If applicable)

Decision Summary Title :

Zanzibar, Le Mont Sohier, St. Brelade, ,JE3 8EA

Date of Decision Summary:

12/06/2012

Decision Summary Author:

Senior Planner

Alistair Coates

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

Senior Planner

Written Report

Title :

Planning Application P/2011/0348 -

Demolish existing restaurant. Construct 1 No. dwelling. Refurbish cottage. AMENDED PLANS RECEIVED: Revisions to the design, form, massing and landscaping. Details for the renovation of Villa Mimosa submitted.

Date of Written Reports:

24th May, 2011.

8th May 2012.

Written Report Author:

Senior Planner

Alistair Coates

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: Zanzibar, Le Mont Sohier, St. Brelade, JE3 8EA

Planning Application P/2011/0348 - Demolish existing restaurant. Construct 1 No. dwelling. Refurbish cottage. AMENDED PLANS RECEIVED: Revisions to the design, form, massing and landscaping. Details for the renovation of Villa Mimosa submitted.

Decisions:

Following his Public Ministerial Meeting on 18th May 2012 and subsequent Site Visit on 23rd May, 2012, the Minister approved the application. In arriving at his decision, the Minister paid due respect to the case made out by the Applicant’s agent and to all consultation responses and representations received. Also given due consideration was the Royal Court Judgement dated 6th January 2011 (Ref:2011/281) the Officer’s reports and the relevant policies of the Jersey Island Plan, 2002 & 2011.

Reason(s) for Decision:

The Minister considered that the proposal complied with the Policies of the 2002 Island Plan, under which the planning application was originally submitted. During the course of the appeal to the Royal Court, the 2002 Island Plan was superseded in whole by the 2011 Island Plan. The principal difference in the terms of relevance to this planning application was the introduction of Policies E1 (Protection of Employment Land) and GD2 (Demolition and replacement of buildings).

In respect of Policy E1, the Minister accepts that the site is not currently operating as an employment generator and is not likely to so without a substantial re-development of the site, given the evident poor state of the existing Zanzibar buildings.

The loss of the site for employment use is not considered to be of significant concern as the relatively small scale restaurant facility would not have been a major employer of local staff. Moreover, a viable restaurant concern is likely to result in increased disturbance to nearby residents by virtue of noise and general disturbance, often at unsocial hours, and the Minister considers that the replacement of the Zanzibar with a residential use is likely to have far less impact on residential amenity. Moreover, the Minister is cognisant of the fact that St Brelade's Bay is amply catered for in respect of restaurants, cafes, hotels and leisure facilities and that the loss of the Zanzibar site as a facility for visitors and residents will not have a significant impact on the amenities of the area.

The loss of employment land is, therefore, not considered to be the determinative factor in this case.

In respect of Policy GD2, the policy requires that proposed new buildings serve to enhance the appearance of the site and surroundings and should be seen to replace a building that is not appropriate to repair or refurbish. The existing Zanzibar structures on site are of a relatively poor quality construction with little or no intrinsic merit and the Minister considers that the proposed replacement is of a higher quality, in terms design, sustainability and method of construction.

The proposal is not considered to be in unreasonable conflict with Policy GD2.

The Minister therefore grants planning permission subject to the imposition of the following conditions:-

1. The architect appointed in the development of the scheme hereby approved (Skidmore, Owings & Merrill Ltd) shall be retained throughout all the construction phase of the development. Prior to the occupation / use of each element of the development, the architect must give written confirmation to the Minister that he or she is satisfied that the building has been completed in accordance with the approved plans and that the quality of materials and workmanship is of the highest possible order.

2. A Landscape Architect, as may be approved in writing by the Minister, shall prepare a landscape scheme, to include for the proposed ‘green-wall’ system, for approval and shall, thereafter, be retained throughout all the landscape (both hard and soft) phase of the development. The landscape architect must give written confirmation to the Minister that he or she is satisfied that the landscaping has been completed in accordance with the approved plans and that the quality of materials, planting and workmanship is of the highest possible order.

3. Notwithstanding the provisions of the Planning and Building (General Development) (Jersey) Order, 2011 [as may be amended or superseded], no alterations, additions, extensions, windows, doors, fences, walls, sheds, or other structures shall be installed, affixed or erected on any part of the site or building therein without the prior written approval of the Department.

4. Details of all external lighting, including lighting of the buildings, driveway and security lighting shall be submitted to and approved in writing by the Minister for Planning and Environment and such details shall include measures to prevent unecessary light pollution and of maintaining the dark night sky policy of the Department.

5. Prior to any works commencing on Mimosa Cottage, a schedule of proposed repair / refurbishment works to the Potential Listed Building shall be submitted to and approved by the Department and such statement shall be adhered to unless otherwise agreed in writing with the Department. Should such works go beyond a minor repair / refurbishment then the Department reserves the right to request the submission of a further planning application specifically for works to Mimosa Cottage.

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):