Decision(s): The planning application for 53no. houses was considered by the Minister for Planning and Environment at a public ministerial meeting on 18th May 2012 with a decision deferred to enable the applicants to give more consideration to a scheme which sought to better reflect the historic character of Gorey through design. The Minister was also concerned about overlooking; the siting of taller buildings on the periphery of the site and with the mix of housing proposed, as it was felt that this was not balanced with too greater emphasis on larger units with too many bedrooms. The Minister also wished the applicants to liaise with local residents, the Constable and Deputy to produce a scheme which took into account all the issues he raised and to enable residents’ input into the design process. The applicants duly undertook this exercise by undergoing a detailed review of the development proposals which included receiving a report from the community of Gorey Village dated 13th June 2012. A public exhibition was also held in Gorey Village on 25th June 2012. Consequently revised plans were received by the Department on 6th July 2012, indicating a revised scheme now comprising 62no. units comprising 44no. houses and garages and 18no. apartments with a semi-basement car park. The amended plans were duly advertised by way of site notices and an advertisement in the local newspaper and to date a total of 7no. letters of continued concern have been received (including Deputy Carolyn Labey). The grounds of objection are as follows: a) The revised scheme lacks any imagination in terms of both layout and design which includes variety of house types; b) Car parking will be an issue and the car has prominence in the design; c) Traffic will increase in and around the site as a result of the development; d) Local amenities – can the schools and Youth Club support this increase in population; e) Loss of light and outlook by the provision of the new apartments which will also increase the amount of traffic and noise in this part of the site; f) Reassurance needed that flooding will not be a problem in this area; g) The apartment block is ugly and out of keeping with the rest of the dwellings, and h) The application process has not been transparent, leading to confusion. The responses to these are as follows: a) The revised proposals emphasise the varied design and individuality of dwellings and groups of dwellings within the site in order to extend the visual character and essence of the village and to instil a sense that the scheme has grown more organically over time. The varied mix of house styles, sizes and designs and more informal layout will produce a ‘less planned’ development; b) Parking provision is in accordance with Planning Policy Note 3 – Parking Guidelines and TTS Highway requirements. The proposed development will have less areas of hard surfacing than the previously approved Huw Thomas scheme; c) The proposed site access and egress remain exactly the same. The revised Traffic Impact Assessment has not generated any objections from TTS; d) The site is within the defined Built-Up Area boundary with good access to all local amenities. It is not considered that the proposals will have any adverse impact on the local infrastructure; e) The proposed two storey apartments will be located some 11m from the boundary of Le Nid D’Tchien. Whilst there will be principal windows at first floor to the new apartments given the 11m distance involved and the orientation of the apartments to the property, it is considered that the development will not result in any perceived issues of overlooking or loss of amenity; f) The application process has included several meetings with TTS Drainage to discuss drainage and flooding issues and the development will be constructed in accordance with their requirements; g) The two storey apartment block has been carefully designed and well proportioned with render, granite and slate and chimneys and is not considered to be out of character with the general area, and h) The application has been advertised in the usual way with site notices and an advertisement in the local newspaper. A public exhibition was also held where local residents were able to attend and air any views they may have on the development proposals. The Minister has also requested comparison figures for the originally approved Huw Thomas scheme (Ref No. P/2010/0334), the original Dandara scheme before amendment and the revised scheme to cover details on habitable rooms per acre and unit types etc and these details are included at the end of the summary. In revising the scheme which has reduced the number of bedrooms, the applicants have revised the amount of financial contribution towards the Eastern Cycle way from £16,000 to £10,000. The applicant’s have confirmed that they have carried out the Minister’s request to engage with the residents to produce a revised scheme and that the revisions now include a better mix of dwelling units, with dwellings on the periphery of the site either being moved away from the site boundary or reduced in height to ensure minimal impact on the amenities of local residents and the design of the dwellings and site layout have been significantly amended to better reflect the local vernacular of the village. This has also included improved wildlife corridor areas following consultation with residents and the Natural Environment section of the Department and a revised Transport Assessment which has nor raised any objections from Transport and Technical Services (Highways). A copy of the officer report from the 18th May 2012 Ministerial Meeting which includes the relevant policy context, together with the additional representations received has been attached at the end of the summary. Having considered that the identified issues from the Ministerial Meeting have been suitably addressed, the Minister has resolved to approve the planning application subject to a Planning Obligation and the following conditions. In this regard the Minister confirms the Director of Development Control has authority to complete a Planning Obligation to cover the provision of the proposed footpath/cycle path works; the financial contribution for the provision of the erected bus shelter on La Rue a Don and the financial contribution towards the Eastern Cycle way. Alternatively in the event that a suitable Planning Obligation is not agreed within 6 months of the being authorised in accordance with this recommendation then the Director of Development Control has authority to REFUSE the grant of planning permission. 1. The development shall be carried out strictly in accordance with the deposited plans and drawings. No variations shall be made without the prior written approval of the Minister for Planning and Environment. For the avoidance of doubt and in accordance with the requirements of Policies GD 1 of the Adopted Island Plan 2011 2. Before any development first commences on site, the developer shall appoint a Travel Plan Co-Ordinator to undertake a Travel Plan in conjunction with the development. The Travel Plan Co-ordinator will advise TTS Highways of the progress of the Travel Plans every 6 months for a period of 5 years from the date of occupation of 50% of the dwellings on the Development. On completion of the site, or at 50% occupation, the roles and responsibilities of the Travel Plan Co-Ordinator will be transferred from the Developer to the Management Company of the site. The roles, responsibilities and duties of the Travel Plan Co-Ordinator along with the resources required to ensure the proper discharge of those duties shall be written into the constitution of the Management Company for the Development. To improve the highway and public transport infrastructures in accordance with the requirements of Policies TT 7 and TT 9; of the Adopted Island Plan 2011. 3. Prior to the first commencement of any superstructure works on site, samples of all the materials to be used in the construction of the new development shall be submitted to and approved in writing by the Minister for Planning and Environment. The approved scheme shall be implemented in full and shall be retained and maintained as such. For the avoidance of doubt, no tarmacadam shall be used anywhere within the site. To safeguard the character and appearance of the area and in accordance with the requirements of Policies GD 1 and GD 7 of the Adopted Island Plan 2011. 4. Before the commencement of any superstructure works on site, a landscaping scheme shall be submitted to and approved in writing by the Minister for Planning and Environment. The approved scheme shall be undertaken within the first available planting season and any trees which die, are removed or become seriously diseased within a period of five years from the date the planting first takes place, shall be replaced in the next planting season with others of a similar size and species. The Landscape Architect must give written confirmation to the Minister for Planning and Environment that they are satisfied that the works are completed in accordance with the approved plans and the quality of the materials and workmanship is of the highest order. To safeguard the character and appearance of the area in accordance with the requirements of Policies GD 1 and NE 4 of the Adopted Island Plan 2011. 5. In conjunction with Condition 4 above, a Landscape Management Plan including long term objectives, management responsibilities and maintenance schedules for all comunal landscaped areas shall be submitted to and approved in writing by the Minister for Planning and Environment prior to the first occupation of any part of the development. To ensure a satisfactory form of development and continuing standard of amenities are provided and maintained in accordance with the requireents of Policies GD 1 and NE 4 of the Adopted Island Plan 2011. 6. No ground clearance work, demolition or construction work shall commence until a form of protective fencing at least 1.25 metres high securely mounted on timber posts firmly driven into the ground, have been erected around the trees to be preserved as indicated on the approved site plan. The fencing shall be located at least 1m beyond the line described by the furthest extent of the canopy of the tree group. Within these areas so fenced, the existing ground level shall be neither be raised nor lowered, all excavations shall then be carried out by hand. Roots with a diameter of more than 25 millimetres shall be left unsevered. There shall be no development nor development-related activities of any description, including the deposit of spoil or the storage of materials within then fenced areas. The Minister for Planning and the Environment shall be advised in writing when the protective fencing has been erected so that it can be checked on site before development commences and shall thereafter be maintained during the period of construction. To prevent trees on site from being damaged during building works in accordance with the requirements of Policy NE 4 of the Adopted Island Plan 2011. 7. All existing hedges or hedgerows shall be retained unless shown on the approved drawings as being removed. All hedges and hedgerows shall be protected from damage for the duration of works on the site by the erection of protective fencing. Any parts of hedges or hedgerows removed without the prior approval of the Minister of Planning and Environment's consent or which die, or become, in the opinion of the Minister for Planning and Environment, seriously diseased or otherwise damaged within five years following completion of the approved development, shall be replaced as soon as is reasonably practicable and, in any case, by not later than the end of the first available planting season, with plants of such size and species and in such positions as may be agreed with the Minister for Planning and Environment. To prevent hedges and hedgerows on site from being damaged during building works in accordance with the requirements of Policy NE 4 of the Adopted Island Plan 2011. 8. No development shall take place until a scheme of foul drainage and surface water drainage has been submitted to and approved in writing by the Minister for Planning and Environment. The approved scheme shall be implemented in full before the development is first brought into use and shall be retained and maintained as such. To ensure satisfactory drainage arrangements and to avoid flooding in accordance with the requirements of Policies LWM2 and LWM 3 of the Adopted Island Plan 2011 9. Prior to the commencement of development, a Demolition and Construction Environmental Management Plan shall be submitted to and approved in writing by the Minister for Planning and Environment. The Demolition and Construction Environmental Management Plan shall thereafter be implemented in full until completion of the development and any variations agreed in writing by the Minister for Planning and Environment prior to such work commencing. The Plan shall secure an implementation programme of mitigation measures to minimise the adverse effects of the proposal and shall include: (i) A demonstration of compliance with best practice in relation to noise and vibration control and control of dust and emissions; (ii) Details of a publicised complaints procedure, including office hours and out of hours contact numbers; (iii) Specified hours of working to be restricted to 0800-1800 Monday to Friday and 0800-1300 hours Saturdays with no working on Sundays or Public Holidays; (iv) Details of any proposed crushing/sorting of waste material on site ; (v) Parking of vehicles of site personnel, operatives and visitors; (vi) Loading and unloading of plant and materials, and (vii) Storage of plant and materials used in demolishing and then constructing the development. To ensure that the development does not have an unreasonable impact on public health or the wider environment and to accord with Policies GD 1 and H 6 of the Adopted Island Plan 2011. 10. Notwithstanding the provisions of the Planning and Building (General Development) (Jersey) Order 2011 (or any order revoking and re-enacting that order with or without modification), the following development shall not be undertaken to the any of the dwellings hereby approved without express planning permission first being obtained from the Minister for Planning and Environment. - Extension to the dwelling (to include a conservatory); - Free standing buildings within the curtilages of the dwelling; - Addition or alteration to the roof; - Erection of a porch; - Any windows or dormer windows; - Hard surfacing; - Container for the storage of oil; - Satellite antenna, and - Fences, gates or walls. To enable the Minister for Planning and Environment to control the development and so safeguard the character and visual amenities of the area and to ensure that adequate private amenity space is retained within the curtilage of the dwelling in compliance with the requirements of Policy GD 1 of the Adopted Island Plan 2011. 11. The garages to all the house types shall not be used for any purpose other than those incidental to the enjoyment of a dwelling house but not including use as living accommodation. To safeguard the residential character of the neighbourhood and to ensure the provision of adequate off-street parking accommodation to avoid congestion of adjoining streets by parked vehicles in accordance with the requirements of Policy GD 1 of the Adopted Island Plan 2011. 12. Prior to the first commencement of any superstructure works on site, precise details of the proposed boundary treatment arrangements (to include materials details and finishes) to serve the new development shall be submitted to and approved in writing by the Minister for Planning and Environment. The approved scheme shall be implemented in full and shall be retained and maintained a such. To safeguard the character and appearance of the area in accordance with the requirements of Policy GD 1 of the Adopted Island Plan 2011. 13. No development shall take place until an investigation of the site has been undertaken to quantify the type, extent and concentration of any soil contamination which may exist. The investigation shall be undertaken in accordance with a brief which shall first be agreed in writing with the Minister for Planning and Environment. The results of the investigation shall be provided to the Minister for Planning and Environment and shall include recommendations for a scheme of remediation and foundation design, protection and implementation. The approved scheme shall be implemented in full and written evidence to confirm completion of the work provided to the Minister for Planning and Environment. To ensure that the site is fully remediated before development takes place and that the buildings are suitably protected in accordance with the requirements of Policy GD 1 of the Adopted island Plan 2011. 14. A work of art shall be delivered in accordance with the advice of the appointed Approved Art Advisor and the Percentage for Art Statement (States Reference P 2011 1043 Drawing BP) which has been submitted to and approved by the Minister for Planning and Environment. The work of art must be installed prior to the first use/occupation of the development hereby approved unless otherwise agreed in writing. So as to accord with the provisions of Policy GD 8 of the Adopted Island Plan 2011. 15. Unless otherwise agreed in writing with the Minister for Planning and Environment, the architect for the development as approved shall be retained for the duration of the construction period. The architect (or another architect approved by the Minister for Planning and Environment in writing before engagement), shall provide written confirmation to the Minister for Planning and Environment of the standard of construction for each dwelling unit prior to first occupation, together with a written endorsement/confirmation of the satisfactory final completion of the scheme. To safeguard the visual amenities of the area and to ensure the use of appropriate detailing in accordance with the requirements of Policies GD 1 and GD 7 of the Adopted Island Plan 2011. 16. Before any development first commences on site, precise details of the proposed works to ensure that the impact on the aquatic environment downstream from the site is minimised during construction works to the pond and the culvert, shall be submitted to and approved in writing by the Minister for Planning and Environment. The approved scheme shall then be undertaken in full. To ensure the retention of the aquatic environment downstream from the site during works to the pond and culvert in accordance with the requirements of Policy LWM 2 of the Adopted Island Plan 2011. 17. Before any development first commences on site, an additional temporary pond/receptor together with protective fencing arrangements for the safety of the existing European Toads on site shall be constructed in accordance with details of its location, construction and programme of working for the construction of the new pond/water feature and subsequent de-commissioning of the temporary pond/receptor shall have been submitted to and approved in writing by the Minister for Planning and Environment prior to its first erection. To ensure the protection of a recognised species in accordance with the requirements of Policy GD 1 of the Adopted Island Plan 2011. 18. No tree felling or hedge removal or any clearance works shall be undertaken between the period 1st March to 31st July in any calendar year unless a written statement has been submitted from a qualified and competent person confirming that there are no nesting birds or other protected wildlife in any of the trees or hedgerows to be felled or removed. The written statement shall be submitted to and approved by the Minister for Planning and Environment at least 5 working days in advance of any felling or clearance works. To ensure the protection of any nesting birds and any recognised species in accordance with the requirements of Policies GD 1 and NE 4 of the Adopted Island Plan 2011. 19. The findings and required mitigation measures indicated in the submitted Ecology Assessment dated July 2012 (States Reference P 2011 1403 FT) shall be implemented in full . To ensure the protection of all recognised species in accordance with the requirements of Policy NE 1 of the Adopted Island Plan 2011. 20. All dwelling units hereby approved shall have an accessible electric outlet mounted on an external wall for recharging electric vehicles off-street. Before the first occupation of any dwelling, precise details of the proposed location of each electric outlet shall be submitted to and approved in writing by the Minister for Planning and Environment. The approved scheme shall be implemented in full and retained and maintained as such. In accordance with the requirements of Policy GD 1 of the Adopted Island Plan 2011.. 21. Before any development first commences on site, details of the precise location on site of a Separated Recycling Point together with the the facilities to be provided therein and maintenance arrangements, shall be submitted to and approved in writing by the Minister for Planning and Environment. The approved scheme shall be undertaken before the first occupation of any dwelling on site and shall thereafter be retained and maintained as such. So as to accord with the requirements of Policy WM 1 of the Adopted Island Plan 2011. 22. Before any development first commences on site, precise details of proposed pergola/carport details (to include materials and details of proposed planting arrangements) to be located over the proposed car parking areas to Plots 2-3; 11-12; 13-14; 15-16; 19-20; 25-26; 31-32 and 33-34 shall be submitted to and approved in writing by the Minister for Planning and Environment. The approved scheme shall be implemented in full before the development is first brought into use and thereafter retained and maintained as such. To safeguard the visual amenities of the area and to ensure the use of appropriate detailing in accordance with the requirements of Policies GD 1 and GD 7 of the Adopted Island Plan 2011. Reason for Approval: The proposed development is considered to be acceptable having due regard all of the material considerations raised. In particular, the development has been assessed against Policies GD 1; GD 7 and H 6 of the 2011 Island Plan, in which the principles of residential development are acceptable in the Built-Up Area subject to criteria such as the suitability of the site to accommodate residential development without adversely impacting on amenities of both local residents and the area in general and with suitable access, parking and drainage arrangements available. In this case, the proposed residential development is regarded as acceptable because the design, siting and appearance of the dwellings are acceptable. They can be accommodated on the site without adversely impacting on the amenities of adjoining neighbours, the development makes best use of previously developed land in accordance with the principles of sustainability and the development can provide suitable drainage and parking arrangements. In addition, the representations raised to the scheme on the grounds of the unacceptable increase in traffic generation, the unacceptable impact on the amenities of the immediately adjoining local residents, the unacceptable design of the development and the effect on the character and appearance of the area has been assessed. However, it is considered that the proposal accords with the terms of Policy GD 1 of the Adopted 2011 Island Plan, in that it does not have an unreasonable impact on the amenities of local residents or on the character of the area in general. | 
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