Decision: The Minister allowed the appeal in full and granted permission to develop land under Article 116 of the Planning and Building (Jersey) Law 2002; In respect of the following development: Change of use from offices to a health and fitness suite, to be carried out at Units 12 and 13, Le Capelain House, Castle Quay, La Rue de l'Etau, St Helier, JE2 3EB. This permission is granted subject to compliance with the following conditions and approved plan(s): 1. The development hereby approved shall be carried out entirely in accordance with the plans, drawings, written details and documents which form part of this permission. Reason: To ensure that the development is carried out and completed in accordance with the details approved. 2. The Units shall be used as a health and fitness suite providing services relating to behavioural health, well-being, nutrition and fitness to which the provision and use of gym equipment and exercise facilities shall be ancillary, and for no other purpose. Reason: To protect the amenities of nearby residents and businesses. 3. The use of the health and fitness suite shall be restricted to members only and shall be by appointment only. Group sessions shall be limited to a maximum of twelve persons and an instructor. Reason: To protect the amenities of nearby residents and businesses. 4. The use of gym equipment and exercise facilities shall only take place between the following hours: 07:00 to 21:00 on Mondays to Fridays inclusive, 08:00 to 16:00 on Saturdays and 09:00 to 13:00 on Sundays. Reason: To protect the amenities of nearby residents and businesses. 5. No sound-amplifying equipment shall be operated in the health and fitness suite so as to be audible within any adjoining premises. Reason: To protect the amenities of nearby residents and businesses. 6. The use of the Units as a health and fitness suite shall cease within one month of the date of a failure to comply with any of the requirements (i) and (ii) below:- (i) within one month of the date of this permission, full details of a scheme specifying the measures to be taken to control noise (including impact noise) emanating from the health and fitness suite, together with a timetable for the implementation of the scheme, shall be submitted in writing to the Department of the Environment for written approval. The scheme shall include details of the gym equipment and exercise facilities to be provided (including details of their siting, design, fixing and mounting) and the steps to be taken to minimise the transmission of air-borne sound (including details of the sound-insulation to be applied to the Units and the floor matting to be provided). (ii) all measures comprised in the approved scheme shall be completed as approved in writing and in accordance with the approved written timetable. The measures shall thereafter be retained as approved in writing and the health and fitness suite shall only be used in accordance with the approved scheme or any modification thereof approved in writing by the Department of the Environment. Reason: To protect the amenities of nearby residents and businesses. |