Reason(s) for Decision: Reason For Approval Planning Permission has been granted by the Minister for Planning and Environment following careful consideration of the scheme, the plans, documents and physical model submitted, the relevant policies of the Island Plan and the consultation responses and representations received. The Minister has also undertaken a site visit. The application hereby approved is for the construction of a new office building (with associated landscaping and parking), to serve as the new administrative headquarters for the Style Group, on an area of land to the rear (north-east) of the Landes du Marche site in St Peter. This is a vacant site which has most recently been used as a vehicle compound. Access to and from the site is to be via the adjacent Landes du Marche site onto La Grande Route de St Pierre. When originally submitted, the application also proposed the creation of a new vehicle entrance to the site from La Rue des Sapins; this aspect of the development has not been approved. The following provides an overview of the scheme and an account of the determination process for the application. The application was received by the Department in December 2010 and had been the subject of considerable pre-application discussion going back several months. Together with the adjacent Landes du Marche site, the site was zoned as an ‘Existing Industrial Site’ on the 2002 Island Plan Proposals Map, although its most recent use as a vehicle compound has existed for several years. When the previous Minister for Planning and Environment originally considered the application in June 2011, the 2002 Island Plan was in force and, therefore, a recommendation (which was to approve the application) was put together on the basis of the relevant polices contained therein. In broad terms, under the provisions of these polices, new large-scale office development would not normally be permitted outside of St Helier town centre (Policy IC3). Policy IC5 stated that small-scale office developments (below 250m2) would normally be permitted within key rural settlements, subject to normal amenity considerations. In this instance, the level of proposed office floorspace (around 703 m2) is considerably greater than this. However, the intention is for the Style Group, which is already based in an out-of-town office, to relocate from their existing base at La Rue Fondon, St Peter, thereby releasing this site for redevelopment. Policy IC8 of the 2002 Island Plan stated that industrial development, including manufacturing, warehousing and distribution uses, would normally be permitted within existing industrial sites, whereas the introduction of non-industrial uses would not normally be permitted, unless related to and ancillary to the industrial use. In this instance, it was recognised that the proposal was for a new commercial office building, which would not normally be considered as an industrial development in line with Policy IC8. However, the Style Group made it clear that, in the event that the new office was granted permission, they intended to relocate their assembly operations to the adjacent Landes du Marche site. In this sense, therefore, the new office building could be viewed as being related to an adjacent light-industrial use as required by Policy IC8. In view of the fact that the site has been used as a vehicle compound for many years, there would not be any loss of existing industrial land in the sense that no existing industrial use or user would be displaced by the proposed scheme. Also, the applicants were keen to stress that there are already many non-industrial uses being undertaken within the Landes du Marche site as a whole at present, the result of which has been an erosion of its industrial character. Finally, given the proximity of neighbouring residences, it was considered that the proposed office development is potentially a far more benign and neighbourly use than would be the case for a genuine industrial use. On this basis, the application was recommended for approval and considered by the former Minister at a public hearing in June 2010. Whilst the Department was supporting the proposed new office development, in view of the concerns of neighbours and the negative comments from the highway authority, TTS (Highways), it was not supporting the proposed new vehicle entrance onto La Rue des Sapins. At that meeting, the Minister stated that he would not approve the proposed new vehicle entrance. With regard to the office building itself and the associated other works, the Minister deferred the application for further consideration. Specifically, in response to an oral representation by an objector at the meeting, the Minister wished to seek legal advice on certain issues before determining the application. The advice sought concerned the principle of a commercial office development of this scale in this location (outside of St Helier town centre) and also the principle of the introduction of a non-industrial use of this nature within an industrial zone. The advice confirmed that the Minister is entitled to permit a development which is inconsistent with the policies contained within the Island Plan, provided that he is satisfied there is sufficient justification for doing so, having regard to all the circumstances of the case. Since this original public hearing, the new 2011 Island Plan has been adopted and the application (which was still to be determined) was now required to be considered on the basis of the new policies contained therein, albeit the 2002 Plan would remain a material consideration given the background circumstances. On the 2011 Island Plan Proposals Map, the site is now zoned as a ‘Protected Industrial Site’ but the broad thrust of the relevant policies of the new plan, insofar as they relate to this development, remains largely unchanged. For instance, under the provisions of Policy EO 1 of the 2011 Island Plan, new office development which is outside of St Helier town centre will not be permitted, whilst Policy EIW 1 states that, within the boundary of ‘Protected Industrial Sites’ the introduction of non-industrial uses will not be permitted, unless related to and ancillary to the industrial use. Therefore, the application continued to represent an exception to policy, but the Minister was nonetheless entitled to grant consent should he consider that there sufficient grounds to do so. Since the original Ministerial hearing in June 2011, the applicants confirmed that they were prepared to enter into a binding legal agreement to occupy floorspace within the adjacent industrial shed in the event that permission was granted for the new office development, thereby tying the new development to the existing industrial shed; this has been reflected within the Permit. Having considered all the circumstances of the case, the Minister considers that there is sufficient justification to grant permission in this case. The Minister has noted that a number of nearby residents have objected to the scheme on the grounds that the building would be overly large, visually intrusive and therefore inappropriate to the surrounding context. As always, there is a judgement to be made in such circumstances. Clearly the new building will be visible to those who live nearby; however, the Minister does not believe that its impact will be unreasonable. Concerns have also been raised regarding the possibility of overlooking from the new first floor; in response to this, the approved plans show that the upper floor windows (which face towards the neighbouring properties to the east) are to be obscurely glazed. As part of the programme of external works, the application also involves a reduction in the height and width of the existing roadside bank. At present, owing to its height, the bank has a wide base which occupies a sizeable area of the site; reducing it, therefore, will increase the usable site area which, the Minister accepts, makes good sense for the applicants from an operational perspective. The Minister has also noted that nearby residents have expressed concern that the reduction of the bank in this manner will open up the site and expose them to the commercial activity on the site, to a much greater extent than at present. The new use on the site is to be an office building, which is not an inherently noisy use per se, and the lowered bank will be densely planted as part of the redevelopment of the site. With this new landscaping, the Minister does not believe that this will be a significant problem. Furthermore, a central aspect of the development is the reintroduction of a significant amount of landscaping and greenery across the site as a whole. A detailed landscaping scheme has been approved as part of the application which will need to be implemented during the first planting season following the completion of the development. Overall, this will result in an attractive finish for the project. With regard to the actual design of the new building, the Minister is satisfied that the scheme is of a high architectural quality, and represents an accomplished and well-detailed piece of modern commercial architecture. A prominent Percentage for Art installation is to be integral to the design and the scheme has been designed to achieve a BREEAM (Building Research Establishment’s Environmental Assessment Method) rating of ‘very good’, meaning that it has been designed in such a way so as to increase sustainability and minimise environmental impact. Conditions: - 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 occupation of the new office building hereby approved, the applicant shall enter into a formal obligation with the Minister for Planning and Environment under the provisions of Article 25 of the Planning and Building (Jersey) Law 2002. Unless otherwise agreed by the Minister, the obligation shall, in relation to the development approved under this permit, guarantee the provision of the following;
a) that the occupier of the new office development hereby approved, shall enter into a Lease to occupy Units 3 & 4 (c) of the industrial building on the adjacent Landes du Marche site; b) Units 3 & 4 (c) will be used for a commercial purpose which is compliant with the planning use currently in place in respect of this premises; c) The period of the Lease will be for a period of not less than 9 years. - Prior to the commencement of the development hereby permitted, samples of all of the external materials to be used as part of the development shall be submitted to, and approved in writing by, the Minister for Planning and Environment or other authorised officer. This applies to the new building as well as the external landscaped areas. High quality photographic evidence may be sufficient for some items.
- Details of any external lighting to be installed within the landscaped car park, or affixed to the exterior of the building, must be submitted to, and approved in writing by, the Minister for Planning and Environment or other authorised officer, prior to installation. It is anticipated that any lighting, should it be required, will be low-intensity ground level lighting (it is anticipated that specific product literature would be necessary).
- For the avoidance of doubt, the first floor windows to the south-east elevation of the new building, shall be fitted with obscured glass (as indicated on approved plan 'E') prior to the first occupation of the building. Thereafter, this obscure glazing must be permanently maintained.
- A work of art shall be delivered in the form as agreed by the Minister for Planning and Environment and detailed in the Statement dated 11/05/2011. The approved work of art must be installed prior to the first use/occupation of the development hereby approved unless otherwise agreed in writing.
- All planting and other operations comprised in the landscaping scheme approved under this permission, shall be carried out and completed in the first planting season following the completion of the development.
- Any trees or plants, planted in accordance with the approved scheme, which, within a period of five years from the planting taking place; die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species, unless the Minister for Planning and Environment gives written consent to a variation of the scheme.
Reasons: - 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 and G3 of the Island Plan, 2002.
- Owing to the nature of the development hereby approved, the Minister requests that a Planning Obligation Agreement be entered into in order to ensure that the new office building be related to industrial operations within the wider industrial site.
- 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.
- In order to limit the degree of light pollution in the interests of the amenities of neighbouring residents.
- In the interests of the general residential amenity of the occupiers of nearby properties.
- So as to accord with the provisions of Island Plan policy BE12.
- 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.
- To mitigate against the potential failure of trees and plants, and the extent to which that failure might threaten the success of the landscaping scheme.
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