Carlton Hotel and Cockles Restaurant, Havre des Pas, St. Helier

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A decision made (14.05.08) to issue an approval permit for Carlton Hotel and Cockles Restaurant, Havre des Pas, St. Helier.

Decision Reference: MD-PE-2008-0117			Application Number: P/2007/2593 (If applicable)
Decision Summary Title :	Carlton Hotel & Cockles Restaurant, Havre des Pas, St. Helier		Date of Decision Summary:		16.5.08
Decision Summary Author:	Chris Jones		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)		Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:		N/A
Written Report Title :	Carlton Hotel & Cockles Restaurant, Havre des Pas, St. Helier		Date of Written Report:		2.4.08
Written Report Author:	Chris Jones		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)		Public
Subject: Carlton Hotel & Cockles Restaurant, Havre des Pas, St. Helier Demolish existing hotel and restaurant and construct a 5 storey apartment block containing 24 x 2 bedroom and 5 x 1 bedroom units together with covered carpark and roof top terrace amenity space.
Decision(s): The planning application was presented to the Ministerial Meeting on 11th April 2008 where it was deferred pending further discussions on the proposed Percent For Art arrangements. The Minister also wished to see no mechanical plant on the roof and details of the proposed Façade Consultant to be used were to be approved prior to development commencing. The Percent For Art details were subsequently finalised in sufficient detail for the Minister to issue an approval Permit on 14th May 2008.
Reason(s) for Decision: Permission has been granted taking into account the relevant policies of the Approved Island Plan, together with other relevant policies and all other material considerations including the consultations and representations received. Conditions 1. Before any development first commences on site, sample details of all materials to be used in the construction of the new development (including hard surfacing), shall be submitted to and approved in writing by the Planning and Environment Department. The approved scheme shall be implemented in full and shall be retained and maintained as such. 2. No development shall take place until a scheme of foul drainage and surface water drainage has been submitted to and approved in writing by the Planning and Environment Department. The approved scheme shall be completed before the development is first occupied. 3. No work shall be undertaken in respect of the construction of the built development hereby approved until archaeological investigative works have been undertaken in accordance with the recommendations of the submitted MoLAS Report dated October 2007 and any finds together with a record of those finds and their deposition at the Jersey Archive, shall be submitted to the Planning and Environment Department. 4. Before any development first commences on site, a landscaping scheme shall be submitted to and approved in writing by the Planning and Environment Department. The approved scheme shall be undertaken within the first available planting season and any trees or plants which die, are removed or become seriously diseased within a period of five years from the date the planting first takes place, shall be replaced in the next planting season with others of a similar size and species. 5. No development shall take place until a scheme has been submitted to and approved in writing by the Planning and Environment Department for: i) parking of vehicles of site personnel, operatives and visitors; ii) loading and unloading of plant and materials, and iii) storage of plant and materials used in demolishing and then constructing the development. Each of the facilities shall be maintained throughout the course of the demolition and construction of the development free from any impediment to its designated use. 6. The Percent for Art contribution for the Carlton development shall be to a minimum value of £40,500 as indicated in correspondence dated 13th May 2008. Antler Homes will appoint a Public Art Advisor of their choice. The installation of the public art shall be undertaken prior to the first occupation of the development unless otherwise agreed in writing with the Minister for Planning and The Environment. 7. Before any development first commences on site, a Facade Consultant should be appointed by the applicant to supervise the finishes of the development. That Consultant shall previously have been approved in connection with the project by The Minister for Planning and Environment. Reason(s): 1. To safeguard the character and appearance of the development and the area in general and in accordance with the requirements of Policy G3 of the Adopted Island Plan 2002. 2. To ensure satisfactory drainage arrangements and to avoid flooding in accordance with the requirements of Policy G3 of the Adopted Island Plan 2002. 3. In the interests of improving the underatsnding of the archaeology and historic building structure of St. Helier in accordance with Policy G12 of the Adopted Island Plan 2002. 4. To enhance the character and appearance of the area in accordance with the requirements of Policy G3 of the Adopted Island Plan 2002. 5. To avoid congestion in the surrounding area and to protect the amenities of the area in accordance with the requirements of Policy G3 of the Adopted Island Plan 2002. 6. To ensure the implementation of an agreed scheme of public art in accordance with the requirements of Policy BE12 of the Adopted Island Plan 2002. 7. To safeguard the visual amenities of the area and to ensure the use of appropriate detailing in accordance with Policy G3 of the Adopted Island Plan 2002.
Resource Implications: None
Action required: Notify Agent, Applicant and all other interested parties
Signature:		PT/Pleg initials		Position: Minister for Planning and Environment
Date Signed:				Date of Decision (If different from Date Signed): 14 May 2008

Carlton Hotel and Cockles Restaurant, Havre des Pas, St. Helier

Planning and Environment Department

Planning and Building Services

South Hill

St Helier, Jersey, JE2 4US

Tel: +44 (0)1534 445508

Fax: +44 (0)1534 445528

Application Number

P/2007/2593

Site Address	Carlton Hotel & Cockles Restaurant, Havre des Pas, St. Helier.

Applicant	Mr J Worthington Antler Homes Ltd

Description	Demolish existing hotel and restaurant and construct a 5 storey apartment block containing 24 x 2 bedroom and 5 x 1 bedroom units together with covered carpark and roof top terrace amenity space.

Type	Planning

Date Validated	31/10/2007

Zones	Built-Up Area Island Rte Network: Secondary Shoreline Zone Town Map Area

Policies	G2 –General Development Considerations G3 – Quality of Design G12 – Archaeological Resources G15 – Replacement Buildings BE11 – Shoreline Zone BE2 – Proposals in the town of St. Helier BE12 – Percent For Art H8 – Housing Development within the Built-Up Area

Reason for Referral	Size and scale of development proposal Ministerial Call-In

Summary/

Conclusion

The principle of a 5 storey building on the site has previously been established.

It is considered that the current submission has satisfactorily achieved the applicant’s stated aims of reducing the impact of the development on Havre des Pas, whilst at the same time providing a modern contemporary building which will enhance the character and appearance of this part of Havre des Pas, to the benefit of the area generally.

Officer

Recommendation

APPROVE subject to conditions.

Site Description	Four storey hotel running from Havre Des Pas to the promenade. Adjacent separate staff accommodation building and landscaped open space.

Relevant Planning History	2004 – P/2004/2190 – Approved. Planning Sub-Committee. Demolish existing buildings and construct 5 storey building to promenade with 3 storeys to roadside to form 47 no. self-catering apartments. 1no. managers flat, fitness centre and 41 space basement car park. 2001 – P/2001/2170 – Approved. Planning Sub-Committee. Demolish existing hotel and staff block. Construct four storey block of 30no. self-contained flats comprising of 8no. one bedroom flats, 19no. two bedroom flats and 3no. studio flats with 36 car parking spaces. 2000 – PP/2000/0809 – Refused. Planning Sub-Committee. Four storey block containing 7 one bedroom flats, 21 two bedroom flats, 1 studio flat and parking for 33 vehicles. Overdevelopment of the site detrimental to the character of the area and oppressive to property on the north side of the road and contrary to site’s designation within the Shoreline Zone. Design.

Existing use of Land/Buildings	Hotel/Private car park/Restaurant. Predominantly four storeys high with water towers and further ancillary structures on top of a flat roof.

Proposed use of Land/Buildings	Five storey residential development with car parking and amenity space.

Consultations	PSD (Highways) in their letter dated 20/12/07 state “To meet the guidelines, the access will be approximately 12m wide from the points where the 4m radii start. Due to the high level of pedestrian use, the footway must have priority over the access. A block paved finish must be continued across the access in with a reinforced dropped kerb detail to T&TS specification. The proposed lay-by is shown as extending 2m in from the edge of carriageway. A vehicle using this will block the footway and block pedestrian visibility to oncoming vehicles as they are forced to step onto the carriageway to pass. It also blocks visibility from the access. A property of this nature will require regular service vehicle access. The details of lay-by and public footway width contained in the previously approved plans should be retained i.e. the unloading bay is set back behind the footway (with drop down bollards) which will avoid compromising visibilities and pedestrian passage. The previously shown footway width of 1.67m should also be retained.” Parish in their letter dated 17/12/07 state “The applicant must give consideration to the provision of a cycle parking area; that one parking space in the basement is designated for use by service vehicles and that it is requested that the two bin stores are incorporated into one, and located adjacent to the public highway for ease of access and reduced inconvenience to residents. It is suggested that the JEC room which requires infrequent access is moved further into the site and the area it vacates becomes the bin store, which will be accessed a couple of times per week. The store should accommodate a minimum of 4no. 1100 litre eurobins. The parking lay-by should be increased to a minimum size of 8m x 2.4m and be located entirely within the site boundary so as not to encroach on the public footpath.” Parish in their further letter date 25/1/08 state ‘I would confirm that all items of concern raised by the Roads Committee have now been addressed, although I would comment that the bin area layout is not particularly efficient as it will require all four bins to be removed and left on the footpath for emptying before the first bin can be replaced. The Parish must express its disappointment at the planning stage of a new build that we are unable to provide a facility which meets modern day operational and health and safety standards. Within the tight restrictions of the site, it would be appreciated if this matter could be revisited to see if any improvements can be achieved’. PSD (Drainage) in their letter dated 20/11/07 state “There is a public foul sewer that currently accepts surface water in Havre des Pas to which the existing properties have connections. These connections must be capped before demolition of the site to prevent debris entering the public sewer system and to prevent grout infiltrating the pipes during piling operations. The development is required to have separate foul and surface waters to the property boundary before final connection to the sewer in Havre des Pas. The development is not to discharge surface water to the foreshore. To ease traffic congestion in the area, it would be helpful if the existing sewer connections could be re-utilised for the new development. The applicant/developer is requested to contact this office to arrange termination of the existing connections or request new connections if deemed necessary.” Environment Division in their letter dated 20/11/07 state “no objections.” Economic Development Department in their letter dated 5/11/07 state “This department obviously regrets the loss of registered accommodation but cannot object to the change of use.” Historic Buildings Advisor (HBA) in their letter dated 7/1/08 states ‘As the previous approval is extant, a condition requiring a scheme of investigation to be carried out as previously is required’. All consultations are attached with the background papers

Summary of Representations	Planning application advertised in local newspaper and site notices posted. A total of 11no. letters of objection have been received. The grounds of objection are as follows:  unacceptable increase in traffic generation  unacceptable impact on neighbours by virtue of loss of privacy and light  out of keeping with character of the area  spoil ambiance and historic feel of the area  create a claustrophobic back alley  development is too excessive for the area  public safety at risk by increase in wind tunnel arrangements The applicants’ agent has responded as follows:  The Planning Department has already accepted the roadside massing through the previous approval for self-catering apartments of a similar massing. The proposed apartment development scheme has been reduced in height at the street frontage and has been set back from Havre des Pas, in comparison to both the existing Carlton Hotel and the approved self-catering apartments. This has therefore reduced the impact on Havre des Pas;  The proposal is in line with the required standards and visitor parking is also provided;  The scheme has taken its reference from a number of discussions with the Planning Department;  A Detailed Wind Report and Daylight and Sunlight details have been commissioned by reputable accredited organisations, and  The proposals will reduce the impact on neighbouring properties in Havre des Pas. All letters of representation and responses are attached with the background papers

Planning Issues	Policy Considerations The site is located within the Built-Up Area and as such, Policy H8 states that new residential development will normally be permitted within the boundary of the Built-Up Area provided that the proposal satisfies the general development considerations that are covered by Policy G2. Policy G3 requires a high standard of design in all developments that respects conserves and contributes positively to the diversity and distinctiveness of the landscape and the built context. Policies G15 and G16 seek to resist the replacement or demolition of buildings which it is appropriate to repair or refurbish. The Shoreline Zone (Policy BE11) states that there will be a presumption against new buildings that will fill gaps or obstruct public views to the foreshore and sea. In the determination of the planning application in 2004, a view was taken that it was acceptable to make an exception to this policy and this was accepted by the Committee at the time. Furthermore, views are still maintained through the area of open space immediately adjoining the site. Policy BE2 states that there will be a requirement to take into account the context of the development and its contribution towards the townscape, public realm, the potential to regenerate outworn areas of the town, to remove eyesores and re-locate un-neighbourly uses, the quality and character of the proposed development and the positive contribution it would make to the vitality and viability of the town centre. Land Use Implications The proposal will involve the removal of the existing hotel and restaurant and replace it with new residential development. It is considered that the area around Havre Des Pas is predominantly residential in character and there are no objections to the development. Size, Scale & Siting The building’s 5 storeys only manifest themselves on the southern (beach) elevation with 3 storeys directly onto the Havre des Pas roadside elevation. This split in impact, accords with the context of each side of the building within the tight urban grain of Havre des Pas along with the existing building’s scale reflected in the northern elevation and the larger scale elevation fronting out into the open bay area. The biggest change to how the built form sits on the site will be from the north given that the existing buildings pull back from the edge of the esplanade. Whilst closing down this existing space somewhat, the retention of the Alix Shipyard pocket park to the west eases the impact of the new building. Design & Use of Materials The formation of a ‘U’ shaped building which is an overtly modern building but does not attempt a faithful/pastiche copy of a building of the predominantly Victorian genre evident in the locality. The building extends over 5 storeys although it is only apparent as three to the Havre Des Pas elevation, thus allowing the scale of the street to remain intact. The road frontage is broken up vertically into bays to allow the scale and rhythm of the traditional properties opposite to be reflected. The architectural emphasis to the west elevation changes; the building is clearly stepping up to the sea front with the vertical emphasis embraced and the faced curving away to the sea. The sea side elevation provides simple curves and undulating balconies in a ‘moderne’ reference. The communal areas of the residences are against the promenade, elevated but unenclosed (the balustrade material is glass, as for all the balconies). This will retain the vitality along the promenade and start to hint at the quality of the development beyond. The materials are generally that the building will be rendered in a light colour with slate covered infill cladding to the corners of the proposal to Havre des Pas. Balconies will be protected by stainless steel curved green tinted glazed handrails. Windows will be powder coated aluminium. The windows to the seaside will be further protected during the winter months by integral shutters which will be designed into the fabric of the building, which will allow residents to close them during stormy or inclement weather. The podium/base onto the promenade will be Jersey Granite in a regularised/longitudinal brick in a battered form. The lower portion of windows onto Havre des Pas will be a toughened glazed panel enamelled backed unit in a dark green/grey colour. The applicant has submitted detailed information at a scale of 1: 25 to indicate elevational treatment, detailing and fenestration. The requirement for sample details of all the proposed materials can be controlled by condition. All plant and equipment (generators and condensers etc) will be absorbed within the proposed building footprint. There will be no plant and equipment on the flat roof. Impact on Neighbours The site has the benefit of an extant permission for the erection of a five storey building to the promenade with three storeys to the Havre des Pas road frontage. The proposed development has been reduced in height at the street frontage and has been set back from Havre des Pas, thus reducing its visual impact on properties opposite the site. It is considered that given the previous site history and the reduction of impact on neighbouring properties from the extant permission, that the proposed development is acceptable. In respect of comments raised by residents in respect of the potential for an increase in the ‘wind tunnel’ effect and daylight and sunlight indicators, these issues are considered later in the report. Access, Car parking and Highway Considerations The proposal is for 5 one bedroom and 24 two bedroom apartments with 40 basement car parking spaces and 1 external ‘drop-off’. There will be a ramped access and egress to Havre des Pas, with a 5m width drive, allowing cars to be able to pass. The originally submitted scheme has now been amended to reflect the issues raised by T&TS and the issue of bin store collection has been re-visited as requested by The Parish. The access, egress and car parking arrangements are considered to be acceptable. Foul Sewage Disposal There is a public foul sewer that currently accepts surface water in Havre des Pas to which the existing properties have connections. The requirement to cap these connections before demolition works together with details of the proposed foul and surface water drainage arrangements to serve the development, can be controlled by condition. Landscaping issues Whilst the existing hotel and restaurant does not contain any opportunities for landscape provision, the new development proposal does and in this respect, there will be the opportunity for some limited planting to the Havre des Pas road frontage, but greater opportunity for courtyard planting to the seaward elevation. This matter can be controlled by condition. Other Material Considerations Archaeology There is potential for the site to contain archaeological evidence of the former shipbuilding use in this area. Whilst it is considered unlikely that this will be anything other than locally important evidence, it is nevertheless important to record any evidence. In 2004, the applicant had agreed to a trial dig, but it was subsequently resolved to impose a condition requiring a more thorough investigation. The HBA has reviewed the matter in the light of this current proposal and considers that the imposition of a similarly worded condition will be appropriate. Percent For Art In respect of the requirement for a contribution towards ‘Percent For Art’, the applicants have confirmed that there are no objections to making a contribution in accordance with the requirements of Policy BE12 of the Adopted Plan. This arrangement is acceptable and can be conditioned accordingly. Amenity The total amenity space for the proposal is approximately 883m², which includes balconies and podium. It is considered that given the location in close proximity to Mount Bingham and the beach, this level is acceptable. Wind Desk Study The applicants have submitted a report prepared by Ove Arup and Partners Ltd, which provides a qualitative assessment of the wind environment around the proposed application site, given that local residents have raised concerns that the proposed development has the potential to create regions of increased windiness which may then pose a hazard to pedestrians using Havre des Pas. Following a qualitative assessment of both the previously approved scheme and current proposals, prevailing wind conditions in Jersey, the location of adjoining development (Allix’s shipyard) and Ove Arup’s experience of wind tunnel studies around such buildings, the following conclusions were reached:  In general, wind conditions surrounding the proposed scheme will be less windy than the currently approved scheme;  The massing of both the approved and proposed buildings will shelter Havre des Pas to the north of the development and the level of windiness will be similar to that currently experienced;  The wind conditions at the north-west corner of the site are likely to be fairly windy and characterised by the higher end of the ‘comfort’ range. For the approved scheme, wind conditions at this corner are likely to be in the ‘Business Walking’ range i.e. on occasion, gusts may cause some physical difficulty and there is a possibility of exceeding the distress criterion for ‘General Public’ access;  However for the current proposal, the introduction of the outbuilding at the north-west corner will result in a reduced level of windiness on Havre des Pas when compared to the approved scheme. It is expected that wind conditions will be similar to the current ‘Strolling’ levels;  Wind conditions within Allix’s shipyard are unlikely to deteriorate significantly for either the approved or proposed scheme from those currently experienced, and  Conditions at the main entrance for the approved and proposed scheme are expected to be in the desirable ‘Standing’ range for a use as entrance. Daylight and Sunlight Study The applicants have also submitted a report prepared by a Daylight and Sunlight Chartered Surveyor, given that local residents have expressed concerns that the proposed development will give rise to problems of the loss of daylight and sunlight for the occupants of those properties opposite the site, should the application be approved. The report confirms that it has been based on the various numerical tests laid down in the Building Research Establishment (BRE) Digest 209 – ‘Site Layout Planning for Daylight and Sunlight: a good practice guide’ and from a further BRE publication ‘Calculating access to skylight, sunlight and solar radiation on obstructed sites in Europe’. All properties with windows directly facing the application site in Havre des Pas (i.e. facing due south) have been included in the assessment Holyrood House Flats (No. 7); Lorraine Guest House (No. 8); Cornwallis (No. 9); Eden House (No. 10); Bay View Guest House (No. 12) and Tamar Cottage (No. 14). The report confirms the following:  All windows pass all three of the BRE diffuse daylight tests. The proposed development satisfies the BRE daylight requirements;  All windows face within 90 degrees of due south. All windows pass both the total annual sunlight hours test and winter sunlight hours test. The development therefore satisfies all of the BRE direct sunlight to window requirements;  The results of the BRE overshadowing test show that the proposed development will not prevent any garden or amenity areas from receiving at least some sunlight on 21st March (end of winter months). Both before and after the development, no more than 6% of any garden or amenity area will receive no sunlight on 21st March. This is significantly better than the BRE minimum requirement which permits up to 40% of any garden or amenity area to remain in permanent shadow on 21st March, and  The proposed development will have a relatively low impact on the light receivable by its neighbouring properties. The development design satisfies all of the requirements set out in BRE Digest 209 and in most instances the development surpasses the BRE requirements by a significant margin. In conclusion, it is considered that in respect of the daylight and sunlight arrangements, the proposed development will not have any adverse affect on the amenities of the occupants of the properties opposite the site. Adjoining Development Site - Fort D’Auvergne Hotel On 4/3/08, the Department received a detailed planning application for the demolition of the existing hotel and staff unit, the construction of 40no. 2 and 3 bedroom apartments and 1no. retail unit with associated landscaping, together with the construction of a semi-basement to accommodate 68no. parking bays. (Reference: P/2008/0617). This application site directly adjoins to the east, the site of the development currently under consideration in this report. The submitted application was only subsequently registered as a valid application on 27/3/08 and as a consequence the consultation process has only just commenced and the application has not been assessed. Whilst the new application is now with the Department for consideration, it should be borne in mind that the development currently under consideration has been with the Department since October 2007 and has been the subject of extensive negotiations with planning officers. The site also has the benefit of an extant planning permission. As a consequence of this, it is considered that the current planning application should be considered on its own particular merits.

Officer Recommendation	APPROVE subject to conditions.

Conditions Reasons	Before any development first commences on site, sample details of all materials to be used in the construction of the new development (including hard surfacing), shall be submitted to and approved in writing by the Planning and Environment Department. The approved scheme shall be implemented in full and shall be retained and maintained as such. No development shall take place until a scheme of foul drainage and surface water drainage has been submitted to and approved in writing by the Planning and Environment Department. The approved scheme shall be completed before the development is first occupied. The development hereby permitted shall not commence until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Planning and Environment Department. The written scheme of investigation shall make provision for the recording and interpretation of remains below ground level. Before any development first commences on site, a landscaping scheme shall be submitted to and approved in writing by the Planning and Environment Department. The approved scheme shall be undertaken within the first available planting season and any trees or plants which die, are removed or become seriously diseased within a period of five years from the date the planting first takes place, shall be replaced in the next planting season with others of a similar size and species. No development shall take place until a scheme has been submitted to and approved in writing by the Planning and Environment Department for: i) parking of vehicles of site personnel, operatives and visitors; ii) loading and unloading of plant and materials, and iii) storage of plant and materials used in demolishing and then constructing the development. Each of the facilities shall be maintained throughout the course of the demolition and construction of the development free from any impediment to its designated use. Prior to the occupation of the development hereby permitted a scheme that agrees a contribution and a timetable for provision of community art provision in connection with the development, shall be submitted to and approved in writing by The Minister for Planning and Environment. The approved scheme shall be implemented in full and retained and maintained as such. 1. To safeguard the character and appearance of the development and the area in general and in accordance with the requirements of Policy G3 of the Adopted Island Plan 2002. 2. To ensure satisfactory drainage arrangements and to avoid flooding in accordance with the requirements of Policy G3 of the Adopted Island Plan 2002. 3. In the interests of improving the understanding of the archaeology and historic building structure of St. Helier in accordance with Policy G12 of the Adopted Island Plan 2002. 4. To enhance the character and appearance of the area in accordance with the requirements of Policy G3 of the Adopted Island Plan 2002. 5. To avoid congestion in the surrounding area and to protect the amenities of the area in accordance with the requirements of Policy G3 of the Adopted Island Plan 2002. 6. To ensure the implementation and subsequent maintenance of an agreed scheme of public art in accordance with the requirements of Policy BE12 Adopted Island Plan 2002.

Background Papers	1:2500 Location Plan. Planning Permit – P/2004/2190. Department Architect critique of scheme. Consultation Responses. Environmental Wind Desk Study. Daylight and Sunlight Study. Letters of objection.

Endorsed by:

Date: