Les Brisants, La Rue du Grouet, St. Brelade: Planning Application: P/2010/1498

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A decision made 14 October 2011 regarding:

Decision Reference: MD-PE-2011-0097

Application Number: P/2010/1498

(If applicable)

Decision Summary Title :

Les Brisants, La Rue du Grouet, St Brelade, JE3 8HL

Date of Decision Summary:

7 October 2011

Decision Summary Author:

Planner –

Lawrence Davies

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 :

Les Brisants, La Rue du Grouet, St Brelade, JE3 8HL

Date of Written Report:

19 August 2011

Written Report Author:

Planner –

Lawrence Davies

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: Les Brisants, La Rue du Grouet, St. Brelade, JE3 8HL

Demolish existing dwelling and garage. Construct two storey dwelling and garage, with associated landscaping. AMENDED PLANS: Alter design of stair tower. Landscaping details.

Decision(s):

This application was originally scheduled for a meeting of the Planning Applications Panel on 27 January 2011, but was deferred from that meeting (before it could be considered) at the request of a States member.

Subsequently, the application was considered by the Panel when it next convened on 24/02/11, following a site visit. The Panel decided to approve the application subject to certain details. However, before the permit was issued, it came to light that the Panel had not been properly constituted when considering the application; therefore, the application was taken back to the Panel on 26/05/11. It was then argued to the Panel, however, that it could not be seen as objective in assessing the application again. Accordingly, in order to avoid any impression of ‘pre-determination’, the Panel decided to refer the application to the Minister for a decision.

The Minister heard the application and statements for and against at a meeting in public on 12 September 2011, and deferred for a Site Visit.

Having read the papers, heard the representations made, and seen the site, the Minister resolved to grant planning permission subject to a series of changes to the scheme as proposed.

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.

Resource Implications:

The decision may be challenged by a third party. However if the application were refused a First Party Appeal is very likely. The resource implications are the same in either event.

Action required:

Notify Agent, Applicant and all other interested parties

Signature:

PLeg / PT Initials

Position:

Minister for Planning and Environment

Date Signed:

Date of Decision (If different from Date Signed):

Les Brisants, La Rue du Grouet, St. Brelade: Planning Application: P/2010/1498 - Decision

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

Planning and Environment Department

Report

Application Number

P/2010/1498

Site Address	Les Brisants, La Rue du Grouet, St. Brelade, JE3 8HL

Applicant	Mr & Mrs J Pountney

Description	Demolish existing dwelling and garage. Construct two storey dwelling and garage, with associated landscaping.

Type	Planning

Date Validated	12/10/2010

Zones	Coastal National Park

Policies	GD1 General Development Considerations GD2 Demolition and Replacement of Buildings GD7 Design Quality NE6 Coastal National Park WM1 Waste Minimisation and New Development

Reason for Referral	Level and degree of objection Prominence and nature of development proposal

Summary/

Conclusion

The proposal is to demolish and replace the existing dwelling, Les Brisants which overlooks Les Petit Port in St Brelade.

This application was originally scheduled to be considered at the meeting of the Planning Applications Panel meeting on 27/01/11. However, at the request of Senator Shenton, the matter was deferred before the meeting, in order to allow the Assistant Minister for the Environment to comment on the scheme, specifically with regard to the landscape setting of the proposal.

When the application was originally considered by the Panel, the site lay within the Green Zone as shown on the 2002 Island Plan. Since the Panel originally resolved to approve the application, the 2011 Island Plan has come into effect and the site is now located within the Coastal National Park. This is an unusual case. The application was submitted under the 2002 Island Plan, and a decision was made under that Plan. It now falls to be considered by the Minister, and under the policies of the 2011 Plan which has since been adopted. If a Royal Court appeal is made, either by a first or third party, the Court will consider the reasonableness of the decision, and it is important therefore that the Minister is aware of the history of this application.

In the 2002 Plan, the site lay within the Green Zone wherein there was a presumption against development. Although the policy did not specifically allow for replacement dwellings, the full merits of the case had to be assessed, and Planning Permission had often been granted for the replacement of dwellings in the Green Zone on a one-for-one basis, provided it was considered that the proposals had no detrimental impact on the landscape and the zone as stipulated in Policy C5.

With regard to Les Brisants, the department’s view was that the existing dwelling on the site was of little or no architectural merit; in particular, the high rendered roadside wall was considered to be intrusive and damaging to the general streetscape. The department also noted the argument put forward by the agent that the building itself was in a poor condition. Therefore, the development of a high quality contemporary dwelling which, in the department’s view, improves considerably upon the existing building and enhances the site, was considered to be acceptable. Accordingly, having regard to the relevant policy considerations at the time, the application was recommended for approval.

It had previously been argued to the Panel that it should be mindful of the incoming Island Plan, and that allowing a construction site in the (then-proposed) Coastal National Park would have an unacceptable impact. Since the adoption of the new 2011 Plan, the site is now part of the Coastal National Park. However, whilst Policy NE6 sets the strongest presumption against development and gives the Park the highest level of protection from development (stating that this will be given priority over all other planning considerations), the Island Plan does recognise that the Park is a living landscape with many existing buildings and land uses within it. It is recognised, therefore, that there may be opportunities to improve the Coastal National Park through redevelopment – particularly if this achieves improvements to the landscape, reductions in impact and improvements in design. Such development (indeed, all development) inevitably creates a construction site in the short term but the decision on any application must be made on the basis of its long term impact.

Policy NE6 also states that the redevelopment of existing residential buildings may be allowed as an exception but only where it is demonstrated that it would give rise to demonstrable environmental gains, and make a positive contribution to the repair and restoration of the landscape character of the area by a reduction in their visual impact and an improvement in the design of the buildings that is more sensitive to the character of the area and local relevance.

With regard to the size and scale of Les Brisants, the footprint of the proposed dwelling is roughly equivalent to the existing footprint whilst the height and massing of the proposed building are also very similar to that which exists at present. Although there will be an increase in total floor area, this is achieved through an enlargement of the lower ground floor and garage area, an increase which has little or no perceivable effect on the surrounding area or neighbouring uses. The impact on the wider streetscape therefore, once the development is complete would be no greater than at present.

In addition to the new dwelling itself, the proposed scheme will also secure a much-improved landscaping setting for the site as well as improvements to parking and visibility.

A degree of excavation (including some rock breaking) will be required as part of the development; the scheme has been designed in order to keep this to a minimum and this aspect of the scheme will be overseen by a professional engineering firm.

The new scheme is, in the view of the department, an attractive contemporary design which represents a significant visual enhancement when compared to the existing dwelling. It includes a palette of high quality materials, including granite, off-white render, aluminium glazing, glass balustrades, timber louvres and steel edging. A grass sedum roof is also to be installed. In addition to the improvements outlined above, the new dwelling would have a high thermal / environmental performance compared to the existing house.

For all of the above reasons, therefore, the department would argue that the proposed redevelopment remains compliant with Policy NE6 of the new Island Plan and, balancing all of these factors, the Department recommendation is for approval.

It is recognised, however, that many of the key issues rely upon a judgement and that whilst the Department is satisfied with the proposed development, a number of objections have been received and these views are respected. The final assessment is a matter for the Minister.

The Minister should be aware that there is also an application to be decided at the property ‘Green Haze’ 2 doors away.

Officer

Recommendation

APPROVE

Site Description	Les Brisants is situated on the southern side of Le Rue du Grouet in St Brelade. It is in the middle of a run of detached properties, of varying styles, all of which enjoy views to the north across Petit Port Bay. Architecturally, Les Brisants itself is fairly undistinguished.

Relevant Planning History	There have been 3 planning applications at Les Brisants since 2000; PB/2001/0308 – Construct extension to north and east elevations. APPROVED 14-08-01 PB/2001/2766 – Construct extension to north and east elevation. REVISED PLANS: Construct smaller lounge extension to replace conservatory. APPROVED 20-11-01 SW/2000/1874 – RETROSPECTIVE: Erect Wooden gazebo APPROVED 09-11-00 Also of some relevance, an application (P/2009/2144) to demolish and rebuild a neighbouring property ‘Green Haze’ (to the east, next door but one) was refused 17/06/2010 on the grounds of the scale of the proposed building, the significant volume of excavation required and as well as overlooking of neighbouring properties. A new application for the redevelopment of Green Haze has recently been submitted (P/2010/1713); this application is still live.

Existing use of Land/Buildings	Residential

Proposed use of Land/Buildings	Residential

Consultations	TTS (Highways), in their consultation response dated 15/12/2010, comment on the alterations to the visibility achieved. Although, still not ideal, the proposed scheme does result in some improvement to the visibility on site. TTS (Drainage), in their consultation response dated 18/10/2010, state that the property has an existing connection to the public foul sewer network (possibly shared with its neighbour) which should be suitably protected for the duration of any construction work. The Environment Division, in their consultation response dated 04/11/2010, comment on the likely presence of green lizards, a protected species, in the vicinity of the property. Suitable measures should be adopted during the construction process so as not to disturb any lizards or their nests. They also comment on the proposal to install a green roof. All consultations are attached with the background papers

Summary of Representations	The department has received 9 letters of objection to the proposed development. Objections have been raised on the following grounds; Overdevelopment of the site – the cottage has already been extended considerably since first being constructed in the 1960s; The size of the proposed building is excessive compared to the existing building; Proposed scheme is out of character with this Green Zone location (particularly the stair tower which is reminiscent of an Occupation structure); It makes no sense to demolish a building which has only recently been the subject of significant extension and redevelopment; Too much parking – States’ policy is reduce car ownership; The degree of excavation required is excessive and will be harmful to neighbouring uses (by virtue of ground disturbance and vibration); Inconvenience – general disturbance to the residential amenity as a result of the construction process; Application is similar to a recently refused application at the neighbouring property ‘Green Haze’; Loss of light and general amenity to neighbouring properties; The agent has responded to the objections raised on each occasion. A key concern of many neighbours is the level of excavation proposed and the potential impact on their properties. The agent has submitted their own structural engineer’s report which estimates the level of excavation required and establishes a method for the excavation work which includes a survey and seismographic monitoring of the impact on neighbouring properties. The agent states that the level of excavation which is claimed as being necessary by a number of the neighbours is a ‘gross exaggeration’ and that the degree of excavation has in fact been kept to a minimum. On the issue of the general scale and design of the building, the agent contends that the proposed development sits comfortably within the site and has a broadly equivalent impact when compared to the existing building. Furthermore, the proposal represents a considerable improvement and enhancement of the site. All letters of representation and responses are attached with the background papers

Planning Issues	Policy Considerations The proposal seeks to demolish the existing dwelling on the site and construct a replacement. As noted in the Summary above, this application was submitted and first assessed under the 2002 Island Plan. At that time, the site lay within the Green Zone wherein there was a clear presumption against development. The policy did however accept that it would be unreasonable to prevent all development and listed certain types of development which may, in principle, be acceptable, subject to their impact on the landscape. This included alterations and extensions to existing residential properties. Replacement dwellings were not listed specifically as an acceptable form of development in the Green Zone. Therefore, as is stated within the policy, the key issue is the impact on the landscape. Planning Permission had often been allowed for the replacement of existing dwellings in the Green Zone on a one-for-one basis, where it was considered that development would not have a detrimental impact upon the area and the zone. The policy did not set a moratorium against replacement dwellings. As with all planning decisions, all material considerations must be taken into account and a reasonable decision reached. The key issue with regard to the Green Zone was whether the proposed development is considered compatible with, or harmful to, the landscape character of the area. With this is in mind, it was noted that this site is already occupied by a single dwelling, of broadly the same scale in terms of its perceivable mass as that proposed, and that the plot forms one of a series of residential plots in a ribbon of development overlooking Petit Port Bay. Policy G15 of the 2002 Island Plan related specifically to Replacement Buildings. It set a presumption in favour of retaining buildings where possible. The Panel had, however, often allowed for replacement buildings where it was considered that the replacement enhanced the site. In support of the applicant’s case, the agent for the scheme pointed out the shortfalls of the existing building, stating in his Design Statement that the house is; “a crudely constructed, poorly designed chalet-type property which has been adapted and extended over the years. (It is) almost at the end of its useful life…is difficult and expensive to heat, difficult to access and increasingly ill-suited to long-term family use”. The principle of redevelopment therefore was considered acceptable. The standard requirements of Policies G2 (General Development Considerations), and G3 (Quality of Design) were also addressed. This includes providing adequate car parking, amenity space and avoiding any detrimental impact upon adjacent properties. In the now adopted 2011 Island Plan, the site lies within the Coastal National Park. The relevant policy (NE6) has been discussed in the Summary above but, in broad terms, the policy states that the redevelopment of existing residential buildings may be allowed as an exception where it is demonstrated that such redevelopment would give rise to demonstrable environmental gains, and make a positive contribution to the repair and restoration of the landscape character of the area by a reduction in visual impact and an improvement in the design of the buildings that is more sensitive to the character of the area and local relevance. As discussed above, the Department believes that this has been achieved. Policies G2, G3 and G15 have been replaced by GD1, GD7 and GD2 respectively. These continue to require a high quality of design and sympathy for their context, the achievement of adequate parking, visibility and amenity space, and respect for neighbours’ amenities. Policy GD1 specifically requires that development must not have “an unreasonable impact on the character of the coast and countryside” including the Coastal National Park. GD1 and GD2 reaffirm the objective of allowing replacement buildings only where there are not appropriate to repair or refurbish and where the replacement enhances the site and surroundings. Policy WM1 relates to Waste Minimisation and New Development and encourages the minimisation of waste generation and an increase in recycling and re-use. The applicant has argued why the existing building should be replaced with one which is more efficient in the long term. Land Use Implications In simple land-use terms, the principle of a replacement dwelling (on what is a residential site) is considered acceptable. Size, Scale & Siting The overall building footprint is generally equivalent to the existing footprint; similarly, the height and massing of the proposed building is largely the same as the existing building envelope (the overall height is in fact slightly lower than at present). There will be an increase in floor area, although this mainly down to the enlargement of the lower ground floor and garage area, an increase which has little or no perceivable effect on the surrounding area or neighbouring uses. With regard to the degree of excavation proposed, the agent has confirmed that this will be kept to a minimum. As noted, a professional engineering firm has been employed to oversee this aspect of the scheme. Generally, the size and scale of the building is very similar to that of the existing building and, therefore, the scheme is considered to be appropriate to the site context. Design & Use of Materials This is an accomplished contemporary design which is to be constructed using a limited palette of good quality materials; this includes granite cladding, off-white render, aluminium glazing, glass balustrades, timber louvres and steel edging. A grass sedum roof is also to be installed. The original proposal for horizontal glass slots within the circular stair tower (which some objectors suggested was reminiscent of an Occupation structure) has been amended to a single vertical glass slot which better matches the verticality of the rest of the windows. The department architect has reviewed the application and is satisfied with the proposed design. Generally, this is considered to be a high quality and contextual contemporary scheme which improves considerably upon the existing building. Impact on Neighbours As noted above, the overall size, scale and footprint of the proposed building is broadly equivalent to the existing building. In terms of its physical presence, therefore, the proposed development will be roughly the same as at present. The new terrace at first floor level replaces the existing terrace at this height, albeit the new one is slightly larger. Timber screens are to be erected at its edges so as to provide a greater degree of privacy. The concerns raised by neighbouring residents in respect of the proposed excavation works have also been addressed by the applicant. They confirm that any excavation works (in particular any rock-breaking works) which are necessary will be undertaken in a responsible manner by experienced professionals with regard to surrounding properties. Access, Car parking and Highway Considerations The proposal increases the number of parking spaces on site from two to four which brings the parking provision into line with the department’s standards, thereby reducing the need for roadside parking. There will also be an increase in the safety of the access – as confirmed by TTS. Foul Sewage Disposal To mains drains Landscaping issues There are no proposed alterations to the existing garden to the rear of the site where normal domestic landscaping is anticipated. At the front of the site, there are to be two planting beds, one either side of the centralised entrance, plus a planting bed built into the scheme which runs along the front of the lower balcony. These will help soften the appearance of the development and improve its setting within the street scene. landscaping details have been provided for these areas. Other Material Considerations None

Officer Recommendation	APPROVE

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.

Recommended Reason for Approval in the event that the application is approved	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. 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.

Background Papers	1:2500 Location Plan Agent’s covering letter 9 letters of objection + agent’s responses 3 consultation responses File note recording comments of the (then) Assistant Minister for the Environment Planning Applications Panel Minutes 24 February 2011 Further objections and letters Planning applications panel Minutes 26 May 2011

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