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A decision made (05/05/2009) regarding: Planning Application - 65 St. Saviour's Road, St. Helier.

Decision Reference: MD-PE-2008-0226			Application Number: P/2007/1166 (If applicable)
Decision Summary Title :	, 65, St Saviours Road, , St. Helier, ,		Date of Decision Summary:		5.9.08
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:
Written Report Title :	65 St. Saviour’s Road, St. Helier		Date of Written Report:		20.6.08
Written Report Author:	Chris Jones		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)		Public
Subject: , 65, St Saviours Road, , St. Helier, , Change of use of guest house into 5 No. units. REQUEST FOR RECONSIDERATION.
Decision(s): The planning application was presented to the Ministerial Meeting on 4th July 2008 where it was deferred pending a Ministerial Site Visit prior to the formal decision being taken. The Minister visited the site on 15th August 2008 and after further consideration of the issues involved, resolved to maintain the original decision to refuse the application.
Reason(s) for Decision: The Request for Reconsideration has been refused having taken into account the relevant policies of the Adopted Island Plan, together with other relevant policies and all other material considerations including the consultations and representations received. Reasons for Refusal 1. Given the existence of the site boundary banking arrangements and the difference in information submitted on both the 1: 200 scale and 1: 500 scale plans, insufficient information has been submitted to satisfactorily demonstrate that the site can accommodate the requisite car parking arrangements. Accordingly, the proposal is contrary to Policy G3 of the Adopted Island Plan 2002. 2. The provision of a new car parking area and the subsequent uncontrolled traffic movements would have an adverse impact on the amenities of the occupants of No. 61 St. Saviour's Road, given the close proximity of the new car parking area to the house. Accordingly, the proposal is contrary to Policy G3 of the Adopted Island Plan 2002. 3. The location of the new car parking area directly adjacent to the boundary of No. 63 St. Saviour's Road, would have an unsatisfactory locational relationship with that property, which is a Registered Building of Local Interest. Accordingly, the proposal is contrary to Policy G13 of the Adopted Island Plan 2002. 4. Given the number of units proposed, it is considered that the property is too small to satisfactorily accommodate the proposed development as indicated on the submitted drawings, without having an adverse impact on the character and appearance of the property and the area in general. Accordingly, the proposal is contrary to Policy H13 of the Adopted Island Plan 2002.
Resource Implications: None
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):

Planning Application - 65 St. Saviour's Road, St. Helier.

Application Number: P/2007/1166

Request for Reconsideration Report

Site Address	65, St Saviours Road, St. Helier.

Requested by	D.A.F. Holdings Ltd	Agent	ALLAN MILLER ARCHITECTS

Description	Change of use of guest house into 5 No. units. REQUEST FOR RECONSIDERATION.

Type	Planning

Original Decision	REFUSED

Conditions
Reasons	1. Given the existence of the site boundary banking arrangements and the difference in information submitted on both the 1: 200 scale and 1: 500 scale plans, insufficient information has been submitted to satisfactorily demonstrate that the site can accommodate the requisite car parking arrangements. Accordingly, the proposal is contrary to Policy G3 of the Adopted Island Plan 2002. 2. The provision of a new car parking area and the subsequent uncontrolled traffic movements would have an adverse impact on the amenities of the occupants of No. 61 St. Saviour's Road, given the close proximity of the new car parking area to the house. Accordingly, the proposal is contrary to Policy G3 of the Adopted Island Plan 2002. 3. The location of the new car parking area directly adjacent to the boundary of No. 63 St. Saviour's Road, would have an unsatisfactory locational relationship with that property, which is a Registered Building of Local Interest. Accordingly, the proposal is contrary to Policy G13 of the Adopted Island Plan 2002. 4. Given the number of units proposed, it is considered that the property is too small to satisfactorily accommodate the proposed development as indicated on the submitted drawings, without having an adverse impact on the character and appearance of the property and the area in general. Accordingly, the proposal is contrary to Policy H13 of the Adopted Island Plan 2002.

Determined by	Delegated Refused

Date	11/04/2008

Zones	Built-Up Area Town Map Area

Policies	BE2 – Proposals in the town of St. Helier G2 – General Development Considerations G3 – Quality of Design G13 – Buildings and Places of Architectural and Historic Interest H8 – Housing Development within the built-Up Area. H13 – Registered Lodging Accommodation.

Recommendation

Maintain Refusal

Comments on Case	In support of the proposals the applicants’ agent has commented as follows: The principle of forming 5 units of lodging accommodation as shown was agreed as directed by the Planning Department and accepted by Tourism and Housing many months ago. There are no internal changes to the property proposed. Therefore Condition 4 and its reference to H13 is superfluous. As no.s 61, 63 and 65 are in the same ownership, reasons no.s 2 and 3 are peculiar as the reasons for a car park in the location shown was at the behest of the Department and strictly follows the requirements set down by Transport and Technical Services. The Department requested a 1: 200 scale site layout plan to supersede the earlier 1: 500 drawing for the car park. This was duly sent in, so why reason no. 1 was thought necessary as a reason/excuse for rejection is astonishing. A site meeting would have resolved this matter. The responses to the above are as follows: Unit No. 1 in the roof space which comprises a bedroom lounge and dining area is deficient in the required amenities for lodging accommodation. Insufficient information was submitted with the planning application to satisfactorily and conclusively demonstrate that the site can accommodate the requisite car parking arrangements. This is compounded by the fact that the car parking proposal details vary, in relation to the submitted 1: 200 scale and 1: 500 scale plans. Notwithstanding the fact that the properties in this location are all in the applicant’s ownership, the provision of a new car parking area and the proposed traffic movements to the rear of the site would have an adverse impact on the amenities of the occupants of No. 61, given the close proximity of the proposed car parking area to the main house. The new car parking area would, given the location of the new site boundary banking arrangements, be difficult to construct as indicated on the submitted drawing and would, given its location, have an adverse impact on the setting of no.s 63 and 65 St. Saviour Road which are both Registered Buildings of Local Interest. Whilst the proposal had received the support of the Tourism office, the application was determined on its own particular merits, taking into account the potential for the conversion of a Registered Building, the impact of the development on its setting and the effect on the character and appearance of the area.

Recommendation	Maintain Refusal.

Reasons	As before.

Background Papers	1:2500 Site Plan E-mail from applicant’s agent in support of the proposals.

Endorsed by		Date