Government of Jersey

Information about the publication of Ministerial Decisions

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A decision made (28.06.06) to approve planning permission subject to conditions for 1 Providence Street, St. Helier.

Subject:	1 Providence Street, St Helier Change of use of pavement area to al fresco food area.
Decision Reference:	MD-PE-2007-0103	Exempt clause(s):		n/a
Type of Report (oral or written):	written	Person Giving Report (if oral):		Kelly Johnson
Telephone or e-mail Meeting?	n/a	Report File ref:		P/2006/0322
Written Report Title:	Request for Reconsideration of refusal of planning permission	Written report – Author:		Kelly Johnson
Decision(s Approval subject to conditions
Reason(s) for decision: The Minister decided to approve the al fresco use for a temporary time to retain control over the use, should any of the issues anticipated occur.
Action required: Issue planning permit.
Signature: (Minister)			Date of Decision: 28.06.06

1 Providence Street, St. Helier - approval subject to conditions

Application Number: P/2006/0322

Request for Reconsideration Report

Site Address	1, Providence Street, St. Helier, JE2 4SF.

Requested by	Mr. Young	Agent

Description	Change of use of pavement area to al fresco food area. REQUEST FOR RECONSIDERATION of refusal of planning permission.

Type	Planning

Original Decision	REFUSED

Conditions
Reasons	1. The proposal, by virtue of its size and location, will have an unreasonable impact on neighbouring uses by reason of noise and other amenity considerations, contrary to Policy IC16 (ii) of the Island Plan 2002.

Determined by	Delegated Refused

Date	16/03/2006

Zones	Built-Up Area Town Proposals Map Action Area 6 Island Rte Network: Secondary

Policies	Policy BE3 – Town Centre Vitality Policy IC16 – Development of Evening Economy Uses

Recommendation

APPROVAL subject to conditions

Comments on Case	In accordance with Policy BE3, proposals for al fresco activities associated with restaurants, bars and cafes will normally be permitted subject to ‘there being no unacceptable loss of amenity to neighbouring uses or unacceptable public safety issues. In accordance with Policy IC16, proposals for evening economy uses will normally be permitted within the town centre provided that they (ii) will not have an unreasonable impact on neighbouring uses by reason of noise, visual intrusion or other amenity considerations. The proposed al fresco area is directly opposite (within 10 metres of) the private amenity areas for residential units and adjoins residential town houses to the north. The application was originally refused because the number and type of conditions that would be required to prevent loss of residential amenity would be very difficult to police and control and thus the principal of this proposal was questioned. However, it has been re-considered that restricting the trading hours would alleviate some of the concerns, but will not completely resolve the issues. Primarily the concern with this use was noise and light pollution in close proximity to the private open spaces of adjoining residences. Additionally, there was concern that current use of the premises, being a public bar, would attract a type of patronage which was not desirable late at night within 10 metres of residential properties. However, by restricting the trading hours until 6pm will ensure that the al fresco use will be used for lunchtime trade and will address some of the noise and amenity concerns. An al fresco area would also require direct lighting which could not be prevented from spilling into the neighbouring properties’ living and sleeping windows. However, if the evening use is not permitted, by restricting the trading hours, there is no need for external lighting and thus limited concern regarding light pollution. The number of conditions required to control this use from unreasonably impacting on the neighbouring residences still questions its appropriateness in this location. To this end, the permission shall be temporary for one season so that the Department can retain control over the use, should it be found to unreasonably impact on the adjoining residences.

Recommendation	Approval subject to conditions.

Conditions	The al fresco use hereby permitted shall cease on or before 31 December 2006 and the land restored to its former use as pavement only. The al fresco activities hereby permitted shall only operate between the hours of 9:00am and 6:00pm. Before installation, details of any external lighting must be submitted to and approved by the Minister for Planning and Environment. No music is to be played outside the premises and the doors to the premises must remain closed, except when needed for access only.

Reasons	This permission is granted to meet a declared short term need and because it is a development which by its nature and impact with its surroundings is considered to be unacceptable for any longer period. To protect the amenities of occupiers of neighbouring properties. To protect the amenities of occupiers of neighbouring properties. To prevent noise break out, in order to protect the amenities of occupiers of neighbouring properties.

Background Papers	1:2500 Site Plan

Endorsed by		Date