St Elmo, Edward Place and 2-4 Kensington Place, St Helier: Appeal Decision

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A decision made on 5 April 2019

Decision Reference: MD-PE-2019-0024			Application Reference: P/2018/0950
Decision Summary Title :	Appeal Decision – St Elmo		Date of Decision Summary:	26 February 2019
Decision Summary Author:	Principal Planner – Strategic Policy, Performance & Population		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	Inspector’s Report- 5 Edward Place (St Elmo) and 2-4 Kensington Place		Date of Written Report:	22 February 2019
Written Report Author:	Graham Self MA, MSc, FRTPI Planning Inspector		Written Report : Public or Exempt?	Public
Subject: Appeal under Article 108 of the Planning and Building (Jersey) Law 2002 against a decision to grant planning permission to; “Demolish 2-4 Kensington Place and construct Jersey Electricity sub-station, switch room and ancillary store” at St Elmo, Edward Place and 2-4 Kensington Place, St Helier.
Decision: The Minister dismissed the appeal and granted planning permission subject to the following conditions: 1 The development shall commence within three years of the decision date. Reason: The development to which this permission relates will need to be reconsidered in light of any material change in circumstance. 2. The development hereby approved shall be carried out and completed within 2 years of commencement entirely in accordance with the plans, drawings, written details and documents which form part of this permission. Reason: To ensure that the development is carried out and completed in accordance with the details approved. 3. Prior to the commencement of development details shall be submitted to and approved in writing by the planning authority, showing the final form and materials of the ground floor façade (to be in timber), all windows and all service door louvres. Reason: For the avoidance of doubt and in the interests of the amenities of the area and to deliver a high quality of design in accordance with Policies GD1 and GD7 of the 2011 Island Plan (Revised 2014). 4. All work at the site shall be undertaken in accordance with the Species Protection Plan within the approved Preliminary Roost Inspection document. Reason: To ensure the protection of all protected species in accordance with Policies NE1, NE2 and NE4 of the Adopted Island Plan 2011 (Revised 2014). 5. Within 3 months of the development hereby permitted being brought into active use, a survey shall be carried out to detect and record actual electromagnetic field effects of the operation of all the installed equipment, and the survey results shall be submitted to the planning authority for its written approval or agreement that the EMF effects of the development when in use are acceptable. Details of the location of the survey points, method of survey and identity and qualifications of the persons responsible for the survey shall be agreed beforehand with the planning authority. If no agreement is reached on those matters or if the survey is not carried out (either at all, or not carried out in accordance with the details agreed beforehand), or if the planning authority does not approve the survey results within 3 months of their submission, the use of all the equipment installed as an integral part of the development shall permanently cease within a further period of one month. Reason: To protect the interests of the general public and to accord with Policy NR10 of the Adopted Island Plan 2011 (Revised 2014).
Reason for Decision: The Minister agreed with the recommendation of the Inspector and was satisfied that the technical information, submitted by the Department of Growth, Housing and Environment in a letter dated 22 March 2019, adequately proved that there is a critical need for the proposed sub-station to secure the continued functioning of the existing hospital irrespective of any proposals for a new hospital.
Resource Implications: None
Action required: Request the Judicial Greffe to inform interested parties of the decision.
Signature: Deputy John Young		Position: Minister for the Environment
Date Signed:		Date of Decision (If different from Date Signed):