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A decision made (10.03.08) to consider the Planning Obligation Agreement for the Category A Housing Development at Bel Royal.

Decision Reference: MD–PE–2008-0053
Decision Summary Title :	DS – Category A Housing Development at Bel Royal – Planning Obligation Agreement.		Date of Decision Summary:	7th March 2008
Decision Summary Author:	Roger Corfield Principal Planner: Policy and Projects		Decision Summary: Public or Exempt?	Public
Type of Report:	Written and Oral		Person Giving Oral Report:	Roger Corfield Principal Planner
Written Report Title :	Category A Housing Development at Bel Royal, St. Lawrence – Draft Planning Obligation Agreement		Date of Written Report:	7th March 2008 (planning) + 29th February 2008 (Legal Adviser)
Written Report Author:	Roger Corfield Principal Planner + Duncan Mills, Legal Adviser - Property		Written Report : Public or Exempt?	Public
Subject: Request from the Law Officers’ Department for the Minister to consider whether the draft Planning Obligation Agreement meets his intentions for the development of the site.
Decision(s): The Minister for Planning and Environment decided to: (i) Approve the draft Planning Obligation Agreement as meeting his intentions for the development; (ii) Request the Law Officers’ Department to circulate the Agreement to the relevant parties for signature and then to return it to the Planning Department for signature; (iii) Delegate responsibility for signing the Agreement to the Director of Planning. N.B. Once the Agreement has been signed, the Law Officers’ Department will be instructed to apply on behalf of the Minister to the Royal Court to register the Agreement in the Public Registry of Contracts.
Reason(s) for Decision: to assist the process of delivering the required Planning Obligation Agreement for the Category A housing development; to effect compliance with the Island Plan and to ensure that the appropriate infrastructure, which is related to the development, is provided and maintained; to guarantee the provision and future maintenance of a Public Amenity Area, planned community facilities and the public areas and infrastructure in the approved housing development; to help best meet the Island’s identified housing requirements; to promote safe and sustainable modes of transport; to help enable road improvement works in the interests of highway and pedestrian safety; to help protect the amenities of future residents from potential noise nuisance associated with the activities of the Jersey Steel Company; to help ensure that adequate provision is made for surface water drainage in a manner that reduces the risk of fluvial flooding to existing and approved homes; to help ensure adequate provision for the disposal of foul water; to comply with the Percentage for Art Supplementary Planning Guidance.
Resource Implications: None.
Action required: Instruct the Law Officers’ Department to circulate the Agreement to all the relevant parties for signature and then to return the signed document to the Director of Planning for signature. inform the land owner, local political representatives and the Committee of Inquiry of the Minister’s decision.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Category A Housing Development at bel Royal - Planning Obligation Agreement

		Item No:
		Date: 7/3/08

PLANNING AND ENVIRONMENT

Category A Housing Development at Bel Royal, St. Lawrence –

Draft Planning Obligation Agreement

Purpose of the Report

To consider whether the draft Planning Obligation Agreement meets the intentions of the Minister for Planning and Environment.

Background

1. On 21st March 2007, the Minister for Planning and Environment (The Minister) decided to grant planning permission for development at the site comprising inter alia 102 Category A homes.

2. A permit was issued on the 8th May 2007, subject to numerous planning conditions, including a requirement that the developer enters into a planning obligation agreement (the Agreement),

3. The matters to be addressed by the Agreement are set out in Planning Condition No.2 and relate to:

· Tenure mix;

· Implementation of road improvements;

· Provision of 2 bus shelters;

· Mitigating peak hour traffic by funding additional bus services;

· Provision of a Public Amenity Area to the south of the housing site and a ‘buffer strip’ alongside Le Perquage;

· Funding off-site noise mitigation measures at the Jersey Steel premises;

· Future management and maintenance of public areas and facilities;

· The provision, transfer and maintenance of surface water and foul drainage infrastructure;

· Restoration and maintenance of adjoining watercourses; and

· Provision of a 12 month defect liability period.

4. A draft Agreement has now been negotiated and agreed with the main parties, including the developer (Bel Royal (Jersey) Ltd), the Guarantor (Dandara Holdings Ltd) and Jersey Steel Company (1935) Ltd.

5. The Law Officer’s Department has forwarded a copy of the draft Agreement to the Minister with a letter of explanation dated 29th February 2008 (see Appendices 1 and 2). In doing so, he has asked that the Minister confirms whether he is satisfied that the draft Agreement meets with his intentions for the development.

6. Following confirmation from the Minister, it is intended that the Agreement be circulated to all the other parties for signature, before it is returned the Planning Department for signature. The signed Agreement will then be passed to the Law Officers’ Department to apply (on behalf of the Minister) to the Royal Court for it to be registered in the Public Registry of Contracts.

Discussion

From the outset, an Agreement was regarded as necessary in relation to this site, in order to: ensure the development proposals provide the necessary infrastructure and facilities required as a direct consequence of the development; overcome potential problems arising from the development; and help ensure a higher quality development.

It appears from the submission of the Law Officers that the draft Agreement addresses all the matters flagged up in Planning Condition No.2 and various other matters that have arisen as a consequence of on-going discussions and negotiations with the developer in the interim.

The draft Agreement looks to provide necessary guarantees in respect of:

· The Public Amenity Area (covering works, completion, future maintenance, future ownership and use);

· The Community Facilities (covering works, completion, future maintenance, future ownership and use);

· The housing site infrastructure (covering works, completion, future maintenance and future ownership);

· Bus shelters and bus service improvements (including contribution of £12,000 and £120,000 respectively);

· Tenure requirements (these can be in accordance with required mix in the Island Plan, but the opportunity is allowed for an alternative mix of conventional first time buyer homes and ‘shared ownership’ homes);

· Highway improvement works (covering works, provision of a Bond to allow for works in default, completion and provision for ceding of highway land to TTS);

· Noise mitigation (covering works on and off site, completion and payment to Jersey Steel for off-site works);

· Surface water drainage off-site (covering works, provision of a Bond to allow for works in default, completion and future maintenance);

· Foul drainage works (covering works, completion and future maintenance);

· Watercourse maintenance and restoration (covering works and completion);

· Potential transfer to the Public of the Public Amenity Area and/or the Community Facilities (should the Minister for Treasury and Resources agree);

· Defects liability in relation to offsite drainage and road works;

· Public Art (providing for £57,000 worth of Public Art and covering completion)

In view of the above and the comments of the Law Officers’ Department, there seems to be no reason why the Minister should not endorse the draft Agreement and agree to it being circulated to the other 5 parties for signature.

Legal implications

Article 25 of the Planning and Building (Jersey) Law 2002 allows for a landowner to: enter into an obligation with the Minister to restrict the use of land; require a specified operation or activity to be undertaken; and/or require land to be used in a specified way. This also allows for sums of money to be paid to the Treasurer of the States in appropriate circumstances.

A planning obligation is generally enforceable by the Minister (by injunction) against the person who entered into the obligation and any person who derives title to the land from that person.

If there is a breach of a requirement in a planning obligation to undertake an operation, the Minister has powers to undertake the operation and recover the expenses reasonably incurred.

Once agreed, the Minister must place a copy of the Agreement on the ‘Register of Planning Obligations’ and make this available for public inspection.

Consultation

The draft Agreement has been the subject of extensive negotiations between the Law Officers’ Department, the Planning Department and representatives of the land owners (Bel Royal (Jersey) Ltd) its Guarantor (Dandara Holdings Ltd). Agreement has also been reached with the advisors of the other parties to the Agreement, including Jersey Steel Company (1935) Ltd.

Recommendation

That the Minister for Planning and Environment decides to:

(1) approve the draft Planning Obligation Agreement as meeting his intentions for the development;

(2) request the Law Officers’ Department to circulate the Agreement to the relevant parties for signature and then to return it to the Planning Department for signature;

(3) delegate responsibility for signing the Agreement to the Director of Planning.

N.B. Once the Agreement has been signed, the Law Officers’ Department will be instructed to apply on behalf of the Minister to the Royal Court to register the Agreement in the Public Registry of Contracts.

Reason(s) for Decision

· To assist the process of delivering the required Planning Obligation Agreement for the Category A housing development.

· To effect compliance with the Island Plan and to ensure that the appropriate infrastructure, which is related to the development, is provided and maintained.

· To guarantee the provision and future maintenance of a Public Amenity Area, planned community facilities and the public areas and infrastructure in the approved housing development.

· To help best meet the Island’s identified housing requirements.

· To promote safe and sustainable modes of transport.

· To help enable road improvement works in the interests of highway and pedestrian safety.

· To help protect the amenities of future residents from potential noise nuisance associated with the activities of the Jersey Steel Company.

· To help ensure that adequate provision is made for surface water drainage in a manner that reduces the risk of fluvial flooding to existing and approved homes.

· To help ensure adequate provision for the disposal of foul water.

· To comply with the Percentage for Art Supplementary Planning Guidance.

Action Required

 Instruct the Law Officers’ Department to circulate the Agreement to all the relevant parties for signature and then to return the signed document to the Director of Planning for his signature.

 inform the land owner, local political representatives and the Committee of Inquiry of the Minister’s decision.

Written by:	Roger Corfield, Principal Planner – 7th March 2008

Approved by:	Kevin Pilley, Assistant Director – Policy and Projects

Endorsed by:

Attachments:

· Appendix 1: Letter from Law Officers’ Department, dated 29th February 2008.

· Appendix 2: Draft Planning Obligation Agreement

File ref: P/2006/2489