Reason(s) for Decision: Reason For Approval Planning Permission has been granted following careful consideration of the scheme, its history, the plans and documents submitted, the relevant policies of the Island Plan and the consultation responses and representations received. It is recognised that the site lay within the Green Zone in the 2002 Island Plan, wherein Policy C5 set a general presumption against development. This does not however preclude development, and in all cases the merits of a scheme and all material planning considerations must be taken into account. In the Green Zone the key issue was the impact upon the landscape. Replacement buildings, as proposed here, have historically been allowed where it has been considered that the proposed scheme would have a positive or no detrimental impact upon the landscape. The requirements of Policies G2 (General Development Considerations), G3 (Quality of Design) and G15 (Replacement Buildings) have also been considered. Since the application was first submitted and considered to be acceptable by the Planning Applications Panel, the 2011 Island Plan has been adopted and the site now lies within the Coastal National Park. Policy NE6 sets the strongest presumption against development and gives the park the highest level of protection. The Policy does, however, allow for replacement residential buildings as an exception provided set criteria are met, including achieving environmental gains, restoration of landscape character, a reduction in visual impact and an improvement in design. The requirements of policies GD1, GD2, and GD7 have also been taken into account. Particular attention has been paid to the specific context of this site. This site is part of a distinct built up ribbon of dwellings fronting the road. It is not an isolated coastal site nor does the application propose new development of a vacant or undeveloped site in open countryside; the site already accommodates a residential dwelling within a group of residential dwellings, and the proposal is to replace it with another, single dwelling, facing the road. This proposal does not extend the existing ribbon of development nor does it involve development outside the line of existing buildings or the residential curtilage of the site, and it is considered that the high quality design of this proposal will improve the architectural quality of the group. Within the ribbon of development there is considerable variety with regard to the scale and style of the existing buildings, including single-storey and two-storey properties, and it is not therefore considered that a two storey development of this site is out of keeping within this context. Moreover, the existing property is considered to be outdated with a poor internal configuration, is of little or no architectural merit and detracts from the streetscape. Its replacement, therefore, is not considered to be problematic having regard to the policy context. The majority of buildings in the ribbon sit above road level and, owing to the slope of the land, many have domestic garages, driveways, or retaining walls between them and the road, some of which would not satisfy the Minister's current design standards. Whilst the proposed building has a larger floor area than the existing building, this increase in size is not achieved by building forwards in front of the building line, or upwards so that it is taller than other buildings. Indeed, except for the chimney, the top of the new building is in fact lower than the ridge of the existing building whilst the principle roadside elevation is set slightly further back into the site than at present. The overall footprint of the proposed dwelling at upper ground floor level is broadly equivalent to that which exists at present with the increase in floor area primarily being achieved through an enlargement of the lower ground floor and parking garage. These are increases which, per se, have little or no perceivable effect on the surrounding area or neighbouring uses. This scheme has been designed so as to minimise any potential overlooking of adjoining properties; there are a minimal number of secondary windows which face east and west, whilst the new balcony terrace at first floor (which replaces an existing terrace in this location) has been designed with timber louvre privacy screens at each end. Following a Site Visit the Minister requested changes were made to the design of the stair tower to the eastern end of the building, including setting it back further into the site, changing its external finish and creating an additional planter in front. The effect of these changes would be to further reduce the impact of this element of the scheme as well as reducing the level of excavation required at the basement level. These changes have been incorporated into the design. The scheme will provide improved parking, turning and visibility arrangements, reducing the pressure for on-street or verge car parking, thereby improving highway safety. A Condition has also been imposed requiring the rear of the site to be landscaped to achieve a more natural and sympathetic appearance than is the case at present. The front area of the site will be re-landscaped with materials which will reduce the visual intrusion of the development, when compared to the existing situation. Overall, therefore, it is considered that the proposed scheme will achieve architectural, environmental and highway improvements, and that it will enhance the existing built up ribbon of development, the site and its setting, rather than detract from them. It is accepted that the application proposes a degree of excavation (including some rock breaking), which is a cause of concern for some neighbours. In this instance, the scheme has been designed in order to keep this to a minimum and this aspect of the development will be overseen by a professional engineering firm. In addition, a Construction Environmental Management Plan has been required by a Condition on the Permit. All development, however, has some potential short term impact upon adjoining properties during the process of construction. It is not the purpose of the Planning and Building (Jersey) Law 2002 to prevent development where there is the chance of some impact on adjoining properties during construction. To do so, would prohibit nearly all development. It is the responsibility of the applicant to ensure that the works do not cause damage to any other property, whether Planning Permission is granted or not. Conditions: - The development hereby approved shall be carried out entirely in accordance with the plans and documents permitted under this permit. No variations shall be made without the prior written approval of the Minister for Planning and Environment or an authorised officer of the Development Control section of Planning and Building Services.
- The architect appointed in the development of the scheme hereby approved, or any other architect as may be approved in writing by the Minister, shall be retained throughout all the construction phase of the development. Prior to the occupation of the development, the architect must give written confirmation to the Minister that he or she is satisfied that the development, including the landscaping, has been completed in accordance with the approved plans and that the quality of the materials and workmanship are of the highest possible order.
- Prior to the commencement of the development hereby permitted, samples of all of the external materials to be used shall be submitted to, and approved in writing by, the Minister for Planning and Environment. High quality photographic evidence (including product literature) may be sufficient for some items.
- Prior to the commencement of any development on the site (including demolition or site clearance), a comprehensive Construction Environmental Management Plan shall be submitted to, and agreed in writing by, the Minister for Planning and Environment. Such a plan will set out how the development shall be constructed with particular attention paid to the control of any disturbance which may be caused to adjoining properties through noise, dust and vibration; the plan shall also establish how communication with neighbours will be maintained. The approved plan shall be adhered to at all times unless specific written authority is given for a deviation from the plan.
- Construction operations on site shall not be undertaken outside of the following hours;
08:00 - 17:30 Monday to Friday There shall be no construction work undertaken on weekends or public holidays. - Prior to the commencement of the development hereby approved, a full method statement in respect of the excavation and engineering work to be undertaken, shall be submitted, and approved in writing by, the Minister or other authorised officer. Such a statement shall indicate what measures are to be taken to ensure that no damage (through vibration or impact) will occur to the structures of any nearby neighbouring residences. Such a method statement, as may be approved, shall thereafter be adhered to as part of the ongoing development works.
- Prior to the first occupation of the dwelling hereby approved, the site shall be landscaped in accordance with a scheme to be submitted to and agreed in writing by the Minister for Planning and Environment. Whilst the front (north) side of the site can be landscaped in a domestic fashion, the rear (south) shall be re-landscaped with suitable indigenous species to give a natural, rather than a domestic, appearance, so as to match the wider natural character of the area.
- All planting and other operations comprised in the landscaping scheme approved under this permission in accordance with Condition no. 7 above, shall be carried out and completed prior to the occupation of the development.
- Prior to the first occupation of the development hereby permitted, visibility sight lines must be provided in accordance with the approved drawings. Everything within the visibility sight lines (including any gates, walls, railings and plant growth) is to be permanently restricted in height to 900mm above road level.
- Notwithstanding the provisions of the Planning and Building (General Development) (Jersey) Order 2008, or any amendment thereto or replacement of that order, no works involving the erection of a building, extension, structure, gate, wall, fence (or other means of enclosure), tank, the creation of any new openings in the external fabric of the building (or the replacement of any windows with doors or vice versa), or any excavation or the introduction of any hardstanding to any ground surface, other than those shown on the drawings approved with this permission, is permitted without the prior approval of the Minister for Planning and Environment.
- Notwithstanding the details submitted, prior to the commencement of construction, a Site Plan must be submitted to, and agree in writing by, the Minister or other authorised officer establishing the extent of the property’s residential curtilage. This shall not include the full extent of the area to the south of the house which is within the applicants’ ownership. This area shall be landscaped in accordance with the conditions above to achieve an improvement to the setting of the building and the bay.
Reasons: - To ensure that the development is carried out and completed in accordance with the details approved by the Minister for Planning and Environment.
- To ensure that the highest quality of materials and workmanship are used in order that the original design concept is not diluted to the detriment of the development, in accordance with Policies G2, G3 and C5 of the Jersey Island Plan, 2002.
- The execution of this development is considered to be critical to its success, and the Minister wishes to be assured as to the quality of these details.
- The development is in close proximity to adjoining dwellings in an area with little background noise and vibration, and, in these circumstances, it is required that special attention be paid to how the development can be implemented in a way which minimises the impact on adjoining properties. The applicant is recommended to consult with the Environmental Health Officer in producing the Construction Environmental Management Plan prior to its submission to the Minister.
- In the interests of the amenity of neighbouring properties.
- To ensure that the works do not damage any nearby neighbouring residences.
- Whilst the proposed building will form part of a distinct built up ribbon of development, the context of this site is more natural. As part of the enhancement of the site achieved by the development, the Minister requires that the site be suitably landscaped, and in particular that the area to the rear of the building be improved to give a more natural setting to the site in the interests of the character of the area.
- To ensure that the benefits of the approved landscaping scheme are not delayed and consequently make an early contribution to the amenity of the site in the interest of sustaining and enhancing landscape quality.
- In the interests of highway safety.
- Owing to the prominence and location of the site, together with the design concept of the new dwelling, the Minister wishes to retain strict control over the form of any additional development which may be proposed.
- It is considered that the domestication of the entirety of this area would be detrimental to the character of the area, and that appropriate landscaping of this area would enhance the setting of the building and the bay.
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