Howard Davis Park, La Route du Fort, St. Clement: Planning Application (P/2014/0186): Determination of Minister

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A decision made 7 July 2014:

Decision Reference: MD-PE-2014 - 0050

Application Number: P/2014/0186

(If applicable)

Decision Summary Title :

Howard Davis Park, St. Clements Road.

Date of Decision Summary:

9th June 2014

Decision Summary Author:

Trainee Planner

Rebecca Hampson

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

Trainee Planner

Rebecca Hampson

Written Report

Title :

Planning Application P/2014/0186:

Widen existing vehicular access off La Route du Fort

Date of Written Report:

Written Report Author:

Rebecca Hampson

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: Howard Davis Park, St. Clements Road, Jersey

Widen existing vehicular access off La Route du Fort.

Decision(s):

Following his Public Ministerial Meeting on 2nd May 2014 and subsequent Site Visit on 15th May, 2014, the Minister approved the application. In arriving at his decision, the Minister paid due respect to the case made out by the applicant, including amendments to the design of the proposed access gates, and to all consultation responses and representations received. Also given due consideration was the Officer’s report and the relevant policies of the Jersey Island Plan, 2011.

Reason(s) for Decision:

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 Policy GD1 which prevents unreasonable harm to neighbour amenity or to the character of an area and Policy HE1 of the 2011 Island Plan, in which the preservation of the architectural and historic character and integrity of registered buildings and places is presumed. In this case, the proposed widening of the existing vehicle access and the creation of a new path with amendments to an existing, is regarded as acceptable because it does not have an adverse impact on the historic character of the entrance and is does not have an unreasonable impact on the surrounding area.

In addition, the representations raised to the scheme on the grounds of unacceptable impact on the character of the area, unacceptable lopping of the tree, unacceptable destruction of the entrance posts and unacceptable traffic disruption have been assessed. However, it is considered that the amended proposal now accords with the terms of Policy GD1 and HE1 of the 2011 Island Plan, in that the work to the tree does not require planning consent, the entrance posts (which have been previously moved) are to rebuilt as they currently stand and the traffic will be managed and a banksman.

1. Nothwithstanding the details on the approved plans, a part sample of the ironwork for the gates showing a finial and a junction shall be submitted to and approved in writing by the Minister for Planning and Environment.

Reason: To ensure that special regard is paid to the interests of protecting the architectural and historical interest, character and integrity of the park under the provisions of Policy HE1 of the Jersey Island Plan 2011.

2. Nothwithstanding the details on the approved plans, large scale details of the pedestrian safety barrier, at a scale no less than 1:20, shall be submitted to and approved in writing by the Minister for Planning and Environment.

3. Nothwithstanding the details on the approved plans, the timber gates hereby approved shall be stained green in a shade to match the existing inner iron gates and maintained thereafter.

4. Notwithstanding the details on the approved plans, a landscaping scheme to ensure sufficient vegetation to the areas immediately adjacent to the new grass track, including new timber planters to provide a moveable barrier to the track, shall be submitted to and approved in writing by the Minister for Planning and Environment and, shall, thereafter be implemented within the first planting season following completion of the new access works. Details of the planters shall be submitted for approval and implementation, thereafter, and these planters shall be retained in situ, with appropriate planting, until and unless their temporary removal is required for the facilitation of event access. Immediately following the event, the planters shall be re-instated.

5. Nothwithstanding the details on the approved plans, the two replacement trees which replace the existing evergreen oaks to the east and west of the roadside gates approved under this permission shall be semi mature oak trees (Quercus Robur). This should be

carried out and completed in the first planting season following the completion of the development.

Reason: To ensure that the benefits of the approved trees are not delayed and consequently make an early contribution to the amenity of the site in the interest of sustaining the character and integrity of the park under the provisions of Policy HE1 of the Jersey Island Plan 2011.

6. Nothwithstanding the details on the approved plans, large scale details of the pedestrian safety barrier, at a scale no less than 1:20, shall be submitted to and approved in writing by the Minister for Planning and Environment.

Resource Implications: NIL

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):

Howard Davis Park, La Route du Fort, St. Clement: Planning Application (P/2014/0186): Determination of 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

Department of the Environment

Report for Ministerial Meeting

Site Visit

1. Application Number

P/2014/0186

2. Site Address	Howard Davis Park, St. Clements Road, St. Saviour.

3. Applicant	Mr D. Noble Transport And Technical Services

4. Description	Widen existing vehicular access off La Route du Fort.

5. Type	Minor Application

6. Date Validated	03/02/2014

7. Zones & Constraints	Potential Listed Building Built-Up Area Eastern Cycle Route Corridor Protected Open Space Regeneration Zone Town of St. Helier
Summary	The application to widen the vehicle entrance on La Route du Fort along with alterations of an existing and the creation of a new path at Howard Davis Park, is the most feasible option of three considerations explored by the applicant, to create an alternative access route into the park, for large vehicles associated with the staging of large public events. The scheme is the least disruptive of the initial concepts and rather than introducing new elements to the park, it simply alters the existing components to allow for a current modern day use of the space in a more functional manner. TTS support the proposal and the Historic Environment Team does not oppose the application. Whilst the reducing of the tree to the east of the entrance is regrettable, this will be carried out on the grounds of safety and does not require planning permission. It is therefore considered that on balance this proposal is acceptable as it does not unreasonably impact on the character of the area and will fulfil an operational requirement to enable the long term prosperity of the park and future events.
Department Recommendation	Approve

8. Site Description & Existing Use

Howard Davis Park which was originally a 19th Century high quality villa garden, to the property 'Plaisance' was adapted and extended as a public park in the 1930s. The park lies in the Built Up Area of St Saviour occupying just under 31,000 m² of land surrounded by three major roads of the Primary Road Network.

9. Proposed Development

The application seeks permission to widen the existing access into the park from La Route de Fort, reconstructing the pillars and installing new wider gates. The first section of path would be widened, along with the creation of a new vehicle path across the shrub border to allow vehicles to access the lawn.

10. Relevant Planning History

11. Consultations

Highways section of TTS in its letter dated 25th February 2014 commented that abnormally sized vehicles that currently use the western entrance of the park and have to drive over landscaped areas, raises internal and external safety issues along with maintenance issues that require areas to be closed to the public after events. They are in support of the application stating that parking, traffic and pedestrians will need to be managed during manoeuvres and a banksman will be necessary.

Historic Environment Team of DoE in its memo dated 11th February 2014 commented that the application follows the advice given at pre application stage. It also states that the age of the outer gates is likely to be later 19th century with some suggestion they have been relocated in the twentieth century, but the inner gates are of greater historical interest and are to remain unaltered. The officer also comments that whilst the loss of the gates is regrettable there is a clear operational need to better service the park and with care a new set of gates and relocated pillars can be designed to fit the location. Conditions have been suggested regarding the final design of the gates and hidden features.

All consultations are attached with the background papers

12. Representations

One representation and one letter of objection have been received.

These were on the grounds of:

Unacceptable impact on the character of the area due to lopping of the tree
Unacceptable destruction or replacement of the entrance posts
Unacceptable damage to pathways and flowerbeds
Unacceptable impact to amenity value of this section of the park
Restricted pedestrian access
Unacceptable traffic disruption whilst vehicles access / egress the park
Unnecessary development due to existing vehicle access to the north

In response to the representations made, the States Arboricultural Officer has verified that regardless of the application, the work to the tree is deemed necessary on safety grounds as many people use this access through the park.

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

13. Planning Assessment
a) Overarching policy constraints	GD 1 – General Development Considerations Outlines the material considerations against which all development proposals will be tested, including the need to prevent unreasonable harm to neighbour amenity or to the character of an area. In this instance, the proposed alterations are not likely to have an unreasonable impact on amenity or character. GD 7 – Design Quality Requires a high quality of design that respects, conserves and contributes positively to the landscape and built context. The design of the proposed replacement gates respects that of the existing ones. HE1 – Protecting Listed Buildings and Places Presumes in favour of the preservation of the architectural and historic character and integrity of registered buildings and places. HE1 also requires that sufficient information is submitted against which the impact on the fabric and appearance of the building can be assessed. HET do not oppose this application. SCO4 - Protection of Open Space Existing open space provision will be protected and the loss of open space will not be permitted except where it can be demonstrated that: 1. its loss will have no serious impact on the adequacy, quality and accessibility of provision of the type of open space affected by the proposal, or 2. alternative replacement provision of the same or better extent, quality and accessibility of open space can be provided, or, 3. the proposal will be of greater community or Island benefit than the existing open space resource, and 4. its loss would not seriously harm the character and appearance of the locality. In this instance, no open space will be lost as a result of the proposed works.

b) Scale Form, Siting & Design	The width of the vehicle access will be widened by 0.9metres. The existing pillars will be reconstructed to appear identical and new wider period style gates to a similar design will be installed. The first section of path will be widened by 1.05m and a new vehicle path of 3.8m (to match the widened area) created across the shrub border to allow vehicles to access the lawn. The scale of the proposal is considered to be minimal by adapting the existing, with the new path through the shrub border being the only new element introduced. The form remains much as it is now, with the gate design slightly modified to reflect a typical style from the era of the original boundary walls. The proposal is considered acceptable and whilst it will appear visually different, the proposal is considered in keeping with the existing park enclosure and setting.

c) Impact on the Landscape/Street	Whilst the widening of the first path and the newly created path will be visible from the public domain, the setback proximity to the road lessens the impact on the street scape however; the increase in the roadside entrance will have an impact on the street scene and context. Given that the pillars are to be reconstructed at a position of 0.45m from their existing location and the gates are to be similar in design and period to the existing, it is not considered to have an unreasonable impact on the street scene and surrounding area, particularly as the form remains much the same. It must be noted here that the reduction of the large Holm Oak to the east of the entrance, is considered to have an adverse impact on the street scene and the character of the area. However, due to internal decay it has been confirmed that the work has to be carried out in the interests of public safety and is not related to the planning application. The trees do not carry a Tree Protection Order so works are able to take place without being subject to a planning application.

d) Impact on Neighbours	Whilst the proposal may have some impact on the residential properties to the south, it is not considered to be unreasonable. The traffic will be managed at times when the vehicles enter the park therefore lessening the impact and disruption to road and park users.

e) Access, Car Parking & Highways Considerations	See consultation from highways section of TTs above.

f) Foul Sewage & Surface Water Disposal	N/A

g) Landscaping	The pathway created through the shrub border will involve the part removal of a landscaped area. Given the length of the said border, it is not considered to be a detrimental loss to this area of vegetation. The new path will line through with the widened path which leads from the vehicle entrance and is seen to be in keeping with the existing network of paths which already exist. The stone and hoggin track matches the existing material and is considered sympathetic to the surrounding pathways.

h) Planning Obligations	N/A

i) Other Matters	N/A

14. Conclusion

The proposal to widen the existing access into the park from La Route de Fort by relocating the pillars and installing new wider gates, along with widening an existing section of path and creating a new one across a shrub border to allow vehicles to access the lawn, is considered acceptable and is not seen to have an adverse impact on the park and surrounding area.

Whilst the roadside wall and ironwork is likely to be 19th century, they are not sited in their original location unlike the inner gates which are of greater historical interest. The widening of the entrance and rebuilding of the pillars is therefore not considered detrimental to the historical enclosure of the park, particularly as the new gates are to be replicated in the same period and style.

The widening of the path and formation of the new path is seen to be sympathetic to the existing network within the park, and has little impact on the setting and character of the area as it follows the existing form.

The application is therefore considered to be in accordance with Policies GD1, GD7, HE1 and SC04 of the Jersey Island Plan 2011.

The application has support from the highways section of TTS and the advice from the Historic Environment Team being clearly followed. On balance the proposal is considered to be acceptable, fulfilling an operational need to assist the staging of large events within the park, which are of island wide interest to the public of Jersey.

15. Department Recommendation	Approve

16. Conditions	1. Nothwithstanding the details on the approved plans, a part sample of the ironwork for the gates showing a finial and a junction shall be submitted to and approved in writing by the Minister for Planning and Environment. Reason: To ensure that special regard is paid to the interests of protecting the architectural and historical interest, character and integrity of the park under the provisions of Policy HE1 of the Jersey Island Plan 2011. 2. Nothwithstanding the details on the approved plans, large scale details of the pedestrian safety barrier, at a scale no less than 1:20, shall be submitted to and approved in writing by the Minister for Planning and Environment. Reason: To ensure that special regard is paid to the interests of protecting the architectural and historical interest, character and integrity of the park under the provisions of Policy HE1 of the Jersey 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 Policy GD1 which prevents unreasonable harm to neighbour amenity or to the character of an area and Policy HE1 of the 2011 Island Plan, in which the preservation of the architectural and historic character and integrity of registered buildings and places is presumed. In this case, the proposed widening of the existing vehicle access and the creation of a new path with amendments to an existing is regarded as acceptable because it does not have an adverse impact on the historic character of the entrance and is does not have an unreasonable impact on the surrounding area. In addition, the representations raised to the scheme on the grounds of unacceptable impact on the character of the area, unacceptable lopping of the tree, unacceptable destruction of the entrance posts and unacceptable traffic disruption have been assessed. However, it is considered that the proposal accords with the terms of Policy GD1 and HE1 of the 2011 Island Plan, in that the work to the tree does not require planning consent, the entrance posts (which have been previously moved) are to rebuilt as they currently stand and the traffic on the days that the vehicle enters the park (which is currently 2 to 3 times a year) will be managed and a banksman utilised.

18. Background Papers	1:2500 Location Plan 3 no consultation responses 2 no letters of objection Report on tree