Decision(s): By issue of MD-PE-2013-0054 on 21 May 2013 the Minister endorsed the Department recommendation that the subject planning application be approved, subject to the stated conditions and the prior completion of a Planning Obligation Agreement. Since that Ministerial Decision, and ahead of the completion of the required Planning Obligation Agreement, further representations have been received by the Minister, specifically: - Roy McCarthy, dated 10 May 2013;
- Rachel Stirrup, dated 16 May 2013;
- Norma Pridiss, undated;
- Tony Bellows, dated 20 May 2013
- Josephine Moss, dated 18 May 2013
These representations (attached) all object to the application, raising concerns in relation to: - The design of the buildings being ‘glass monolithic cubes’;
- The Percentage for Art should be delivered by local artists;
- The sea wall should be preserved and enhanced;
- Wider public consultation should be undertaken for such projects.
In addition, it has become apparent that the Department failed to acknowledge receipt of an earlier representation from Save our Shoreline (SOS), submitted on 8th October 2012 (now attached). This representation was not included with the earlier Ministerial background papers, and the objector was inadvertently not invited to the original Ministerial Meeting. The Minister therefore convened a meeting with SOS (also attended by the applicant and officers) to hear their representations. The Minister noted that the concerns related primarily to the retention of the sea wall, plus matters around the examination of ground conditions and pollution controls. The Minister was also conscious that the SOS representations repeated concerns which had been expressed in earlier objections and in comments from technical consultees. These had been considered in the earlier Department Report and discussed at the original Ministerial Meeting. The Minister also noted that Mr Cabeldu, of Save our Shoreline, had submitted an earlier representation (as an individual) which included concerns similar to those now being presented, and which the Minister had previously considered. The Minister confirmed he has considered all the representations and is content that the matters relevant to ground conditions and pollution controls are properly covered by proposed conditions on the planning permit. However, he saw merit in seeking to retain the maximum amount of the sea wall and promenade outside the building line, which, following discussion with the applicant could total about 27m. The Minister noted final landscape works were already controlled by condition and required that the details of the retention of the majority of the retained sea wall, parapet and promenade are to be submitted by way of a further condition to require: Prior to the commencement of development, drawings at no less than 1:100 scale shall be submitted to and agreed in writing by the Minister for Planning and Environment to show hard landscape treatments of the open areas to the north of the building hereby approved, to include the retention of the majority of the sea wall parapet, the sea wall face and the promenade, outside the building line and outside the key entrance points. All the approved works are to be completed in full prior to first occupation of the building hereby approved, and maintained in perpetuity thereafter. Reason: In the interests of the historic environment in accordance with Policy HE1 and BE2 of the Jersey Island Plan 2011. In addition, the Minister reviewed the proposed roof treatments and required that the landscape condition (no. 1) on the proposed planning permit be amended to include within the text commencing “for the avoidance of doubt” that: outside the areas of mechanical and electrical plant on the roof, a sedum treatment shall be delivered. Accordingly the Minister instructed officers to amend his earlier approval of the application as noted above. This Ministerial Decision is supplementary to, and is to be read in conjunction with MD-PE-2013-0054 |