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Land (to the rear of Marks and Spencer), La Rue des Sapins, St. Peter: Determination of Planning Application

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A decision made 4 November 2011:

Decision Reference:   MD-PE-2011-0108 

Application Number:  P/2010/1844

(If applicable)

Decision Summary Title :

Land to the rear of Marks & Spencer, La Rue des Sapins, St. Peter

Date of Decision Summary:

3 November 2011

Decision Summary Author:

 

Planner – L Davies

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Land to the rear of Marks & Spencer, La Rue des Sapins, St. Peter

Date of Written Report:

1 June 2011

Written Report Author:

Planner – L Davies

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: Land to the rear of Marks & Spencer, La Rue des Sapins, St. Peter

 

Construct new office building and new vehicular access from La Rue des Sapins. Model Available. AMENDED PLANS: Omit proposed vehicular access. Additional landscaping.

 

Decision(s):

 

This application was originally considered by the former Minister, Senator Cohen, at a public Ministerial meeting on 10th June 2011. No decision was made at that meeting.

 

Following that public meeting, further work was undertaken on the scheme including securing legal advice on a couple of points. Certain minor changes were also incorporated into the scheme.

 

The application was subsequently discussed with the new Minister, Deputy Duhamel, who was advised of his predecessor’s involvement.

 

Having considered the principle and the detail of the scheme, and following a visit to the site, the Minister resolved to approve the application subject to the conditions set out. He did not consider that a further public hearing was necessary.

 

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:

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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).

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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:

 

  1. 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.
  2. 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.
  3. 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.
  4. In order to limit the degree of light pollution in the interests of the amenities of neighbouring residents.
  5. In the interests of the general residential amenity of the occupiers of nearby properties.
  6. So as to accord with the provisions of Island Plan policy BE12.
  7. 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.
  8. 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.

Resource Implications:

 

The decision may be challenged by a third party.

 

Action required:

 

Notify Agent, Applicant and all other interested parties

 

Signature:

 

 

Deputy R Duhamel

PLeg / AS Initials

Position:

 

Minister for Planning and Environment

 

Date Signed:

 

Date of Decision (If different from Date Signed):

 

Land (to the rear of Marks and Spencer), La Rue des Sapins, St. Peter: Determination of Planning Application

 

 

Planning and Environment Department

Planning and Building Services

South Hill

St Helier, Jersey, JE2 4US

Tel: +44 (0)1534 445508

Fax: +44 (0)1534 445528

 

Planning and Environment Department

Report

 

Application Number

P/2010/1844

 

Site Address

Land to the rear of Marks & Spencer, La Rue des Sapins, St. Peter

 

 

Applicant

Mr A Fleet

Style Group Ltd

 

 

Description

Construct new office building and new vehicular access from La Rue des Sapins.

 

 

Type

Planning

 

 

Date Validated

14/12/2010

 

 

Zones

Built-Up Area

Existing Industrial Site

Water Pollution Safeguard Area

 

 

Policies

G2 General Development Considerations

G3 Quality of Design

G6 Traffic Assessments

IC1 Provision of Office Accommodation

IC3 Office Outside of St Helier Town Centre

IC5 Other Small Scale Office Developments

IC8 Protection of Existing Industrial Sites

 

 

Reason for Referral

Policy Exception

Level and degree of objection

Ministerial Call-in

 

Summary/

Conclusion

The application proposes the construction of a new two-storey office building, to serve as the new headquarters for the Style Group, together with the lowering of an existing roadside bank and the creation of a new vehicle entrance along La Rue des Sapins.

 

The site is zoned as industrial land and strictly speaking, therefore, this proposal, which is for a commercial office building, would represent an exception to policy. The Style Group, however, have stated that they intend to relocate their manufacturing operations to the adjacent commercial shed, in the event that the new office is granted permission. The new building, therefore, can be viewed as being related to an adjacent industrial use. Also the proposed office development represents a more benign and neighbourly use than would be the case for a genuine industrial use.

 

A number of nearby residents have objected to the application on several grounds, in particular the overall scale and impact of the building and the intention to lower the roadside bank and create a new entrance.

 

The Department does not believe that the new building itself will unreasonably affect neighbouring residents, and lowering the wide bank will enable better use of the site. The bank will be densely planted as part of the site redevelopment.

 

However, notwithstanding the case made by the applicants, the Department does not believe that it would be appropriate to create a new commercial access onto La Rue des Sapins, which is narrow in places. Historically, all commercial traffic to the site has been directed through the adjacent site whose junction with the main road fully complies with TTS Highways standards.

 

The Department considers this to be an accomplished piece of modern commercial architecture, and the applicants have demonstrated that the building will have a BREEAM rating of ‘very good’.

 

Overall, subject to the omission from the scheme of the new vehicle entrance, the department supports the application.

 

 

Officer

Recommendation

APPROVE with the exception of the new vehicle entrance.

 

Site Description

The site comprises a triangular-shaped piece of land of around 2,000 m2, or just over one vergée, immediately to the rear of the Landes du Marche site, to the north of St Peter’s Village.

 

The eastern boundary of the site with La Rue des Sapins is formed by a substantial 2-3m high sloping embankment, whilst the north-western boundary with Field 555 is formed by a hedgerow. A chainlink fence separates the site from the main Landes du Marche site to the south-west.

 

Together with Landes du Marche, the site is zoned as industrial land within the 2002 Island Plan, although its current use is as a vehicle compound. Directly opposite the site, on the other side of La Rue des Sapins, are around half a dozen neighbouring dwellings.

 

Access to the site has always been through the adjacent Landes du Marche site onto La Grande Route de St Pierre.

 

 

Relevant Planning History

With regard to the adjacent Landes du Marche site, there is a lengthy history surrounding the incremental development and change of use of this site from its original agricultural use many years ago to its currently established use as a mix of light-industry and retail. The site as a whole was first zoned as industrial land under the 2002 Island Plan, in recognition of the use which it had assumed over the preceding years.

 

More recently, a car showroom towards the southern end of the site was granted permission for a change of use to food retail (Marks & Spencer) in July 2007; similarly, the adjacent building, Centenary House, was also granted consent for a new retail use at this time.

 

The area of land which is the subject of this application has most recently been used as a secure vehicle compound in connection with the car valeting and maintenance work undertaken by Jacksons Garage in the adjacent Landes du Marche building.

 

Previously, the site had been used as a gas bottle storage compound, hence the establishment of the substantial embankment to the roadside boundary which was designed to protect neighbouring properties from any explosive blasts. This bank also served the purpose of screening neighbours from commercial activity on the site.

 

 

Existing use of Land/Buildings

The site is zoned as industrial land, although it has been used as a vehicle car compound for a number of years.

 

 

Proposed use of Land/Buildings

The intention is to construct a new two-storey office building which will serve as the headquarters for the Style Group. The scheme also provides parking for staff and customers.

 

 

Consultations

TTS (Highways), as the relevant highway authority, have commented extensively on this application. In their initial consultation response dated 14/01/2011, they object to the creation of a new commercial access from La Rue des Sapins in view of the unsuitability of this road to accommodate significant additional traffic. They point out that the site is already able to be accessed via the adjacent Landes du Marche commercial site which has a good access onto the main road running through St Peter.

 

In subsequent responses dated 10/05/2011 and 27/05/2011, they maintain their objection to the proposal to create a new entrance. Having considered the content of the submitted Traffic Assessment, TTS Highways recognise that the proposed additional traffic using La Rue des Sapins would be minimal if the entrance were to operate in the stated manner (i.e. as a entrance only for customers and not staff). However, they believe it would be very difficult to enforce these limitations.*

 

* the applicant’s agent has responded directly to these concerns suggesting that the Style Group have pledged to enforcing the use of the new entrance as set out within the Travel Plan.

 

The Roads Committee for the Parish of St Peter, although not the relevant highway authority in this instance, have commented nonetheless. In their letters dated 18/01/2011 and 08/03/2011, they state that they are opposed to the creation of a new vehicle access on to La Rue des Sapins on the grounds of highway safety.

 

The Environment Division (Natural Environment), in their consultation response dated 31/12/2010, comment generally on the location of the site within the St Ouen’s Bay Buffer Zone.

 

All consultations are attached with the background papers

 

 

Summary of Representations

A total of 22 letters of objection have been received from 13 sources (individuals or households). Two petitions objecting to the development have also been submitted from local residents.

 

Concerns have been expressed in respect of the following issues;

 

  • Visual intrusion – size and scale of the proposed building;
  • The creation of a new vehicle access onto La Rue des Sapins will lead to problems in respect of highway safety, traffic congestion and damage to property. The Planning Department had previously given assurances that a new vehicle entrance would not be allowed;
  • The existing access through the adjacent Landes du Marche site is perfectly adequate;
  • This would be an inappropriate commercial development in view of the largely rural / residential context of the area;
  • The design / architecture of the scheme is not of a high enough quality;
  • The impact / disruption caused by the commercial activity at Landes du Marche would be made worse by the lowering or removal of the existing roadside bank;
  • Loss of wildlife habitat and rural character through the removal of the roadside bank;
  • Loss of privacy caused by new office building;
  • Loss of daylight caused by new office building;
  • Light pollution resulting from the new development;
  • Displacement of the car compound – this might lead to problems elsewhere;
  • The Landes du Marche site was originally in agricultural use – over the years it has been commercialised to an unacceptable degree;
  • The submitted model is inaccurate;
  • Loss of industrial land;
  • The Minister, having commented on the scheme at pre-application stage, has effectively ‘pre-judged’ the application;
  • The site is likely to be contaminated in view of its previous uses;
  • Over-shadowing of agricultural land and destruction of a jointly-owned hedgerow;

 

The applicant’s agent has responded to the various criticisms of the scheme and the objections raised. He defends the design, scale and siting of the building, as well as the proposal to reduce the roadside bank and create a new vehicle entrance off La Rue des Sapins.

 

All of the letters of representation which have been received are attached with the background papers, together with the responses

 

 

Planning Issues

Policy Considerations

The site is located within the Built-Up Area meaning that, in principle at least, there is no presumption against development.

 

Policy G2 sets out key principles which every application must observe, including that developments will not unreasonably affect the character and amenity of the area, will not have an unreasonable impact on neighbouring uses and the local environment and provides a satisfactory means of access and adequate space for parking.

 

Policy G3 calls for a high standard of design with all applications and requires the scale, form, massing, orientation, siting and density of development along with the relationship to existing buildings and the details, colours, materials and finishes of the proposal settlement form and character, topography, landscape features to be taken into consideration.

 

Policy G6 states that the Minister will require that a Transport Assessment is carried out for a proposed development that is likely to have significant transport implications.

 

Policy IC1 recognises that it is essential that there are sufficient opportunities for the development of office accommodation over the Plan period. The policy states that the Minister will work to provide for sufficient land to satisfy this requirement.

 

Policy IC3 states that new office developments will not normally be permitted outside of St Helier Town Centre, except where they accord with policies IC4 or IC5. Policy IC5 states that small-scale office developments (below 250m2) will normally be permitted within key rural settlements subject to normal amenity considerations (impact on character of the area, neighbouring uses, traffic etc…). 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, who are already based in an out-of-town office, to relocate from their existing base at La Rue Fondon.

 

As well as being within the Built Up Area, the site is also zoned as an Existing Industrial Site within the Island Plan. The Island Plan seeks to protect industrial sites from development or changes of use that would lead a loss of industrial land and restrict the ability of the economy to adapt and develop.

 

Policy IC8 states that industrial development, including manufacturing, warehousing and distribution uses, will normally be permitted within existing industrial sites, whereas the introduction of non-industrial uses will not normally be permitted, unless related to and ancillary to the industrial use.

 

In this instance, the proposal is 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, who are the prospective tenants of the new building, have made it clear that they intend to relocate their manufacturing operations to the adjacent Landes du Marche site, in the event that the new office is granted permission. The new building, therefore (which would serve as the Group’s administrative headquarters), can be viewed as being related to an adjacent industrial use.

 

Also, in view of the fact that the site has been used as a vehicle compound for many years, one could argue that there is no loss of existing industrial land in the sense that an existing industrial use would be displaced by the current scheme.

 

Finally, given the proximity of neighbouring residences, the applicant’s agent has made the point that the proposed office development is a far more benign and neighbourly use than would be the case for a genuine industrial use.

 

In summary, the proposed office development is considered to be acceptable as an exception to the industrial zoning and commercial policies discussed above.

 

Land Use Implications

The scheme proposes to develop part of an industrial site for use as a commercial office building for the Style Group. The zoning and land use implications of the scheme are discussed in the policy section above.

 

Size, Scale & Siting

The proposal is to construct a two-storey rectangular building, with a footprint of around 30m x 15m, parallel to the site’s north-west boundary with Field 555. The building will be around 14m from the road, La Rue des Sapins, at its nearest point (its north-east corner), and the overall height will be 8m which is marginally higher (20cm or so) than the existing shed on the adjacent site.

 

The Minister will note 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 Department does not believe that its impact will be unreasonable. As noted, the site does lie within the Built Up Area, wherein there is no presumption against development.

 

In addition, the application proposes to reduce the height and width of the existing roadside bank and create a new vehicle entrance through from La Rue des Sapins.

 

Owing to its height, the bank has a wide base which occupies a sizeable area of the site; reducing it as proposed, therefore, will increase the usable site area. Whilst this makes good sense for the applicants from an operational perspective, the Minister will again note that nearby residents are concerned that the reduction of the bank will open up the site and expose them, to a much greater extent than at present, to the commercial activity on the site.

 

With the proposed landscaping which is to be planted atop the newly-lowered bank, the Department does not believe that this will be a significant problem. This issue is discussed below in the Landscaping section.

 

Design & Use of Materials

The actual architectural design of the proposed building has been discussed at length by department officers and the applicants in the months leading up to the submission of the application, and the department is satisfied that the scheme as submitted is of a high architectural quality in line with the Minister’s design principles.

 

Materials include aluminium panelling and curtain walling, brise soleil louvred external frame, granite detailing to the full height cross walls as well as rendered panels. The principal south-east elevation will also feature a prominent Percentage for Art installation which is to be built into, and therefore integral to, the design.

 

Impact on Neighbours

A number of nearby residents have objected to the development, stating that, by virtue of its size and scale, the new building would have a detrimental impact on their general residential amenity. The Department has considered this issue, but does not believe that the building will overbear on its neighbours or have an unreasonable presence in the vicinity.

 

In respect of the concerns raised with regard to possible overlooking, the applicants have proposed to obscurely glaze the upper floor windows which overlook the carpark.

 

With regard to potential light pollution, the Department would propose to restrict any new external lighting in order that they do not unreasonably affect nearby properties.

 

The issue of the proposed new access is discussed below.

 

Access, Car parking and Highway Considerations

The application proposes the creation of a new vehicle entrance into the site from La Rue des Sapins.

 

The intention is that the new vehicle entrance would serve as an entrance-only (not an exit), and that it would only be for the use of customers to the Style Building. Staff would be required to come and go via the adjacent Landes du Marche site, and customers would also be required to exit in this manner (of course, some may choose to arrive via the adjacent site too). On this basis, the applicants have calculated that there would be a very low number of vehicles using the new entrance. They have submitted a Travel Survey in support of their application.

 

However, the prospect of a new vehicle entrance from La Rue des Sapins has proved to be particularly contentious with nearby residents.

 

La Rue des Sapins is fairly narrow in places (not wide enough for two vehicles to pass) and there is a strongly held belief among local residents that there is simply no need for a new vehicle entrance to be created in this location. At present, the site is readily accessible through the adjacent Landes du Marche site whose junction with La Grande Route de St Pierre fully complies with TTS Highways standards in respect of visibility and general highway safety.

 

They also question the purpose of such a new entrance given the stated intention that it will serve such a small number of users. There is a fear that, over time, the number of users would increase leading to a much higher level of congestion than at present. There is also concern that other uses of the adjacent site (Marks and Spencers shoppers for instance) would come to view the new entrance as a shortcut, and that it would not be possible to prevent this.

 

To an extent, the Department shares these concerns. Indeed, historically, as part of its dealings with the site, the Department has generally indicated that it would not allow a new entrance onto La Rue des Sapins.

 

The applicants have responded to the various concerns raised stating that every effort would be made to ensure that the new vehicle entrance operates in the manner set out within the Traffic Management Survey. Vehicles unrelated to the Style Group activities on the site would be prevented from entering the site or using it as a shortcut, by the Style staff and through the use of appropriate signage. The applicants have offered to monitor and enforce the use of the entrance and would be prepared to accept a planning condition to this effect.

 

They have also indicated that, in view of the financial outlay required to undertake the development as well as the building’s intended purpose as a company headquarters, a new private vehicle entrance is highly desirable. The Department understands and sympathises with this argument.

 

Ultimately, however, TTS Highways (the highway authority) have maintained their objection to the establishment of a new vehicle entrance as proposed, on the grounds of highway safety and congestion within La Rue des Sapins. Theirs is a balanced objection however, and they do state that, if they could be assured that vehicle numbers would be as low as set out within the Traffic Management survey, and that the new entrance would operate exactly as described, then they would lift their objection.

 

Whilst the Department appreciates the lengths to which the applicants have gone in order to address neighbouring concerns and overcome the objection of the Highway authority, at the present time, we do not believe we can support the creation of a new vehicle entrance as proposed.

 

A total of 58 parking spaces are to be created as part of the scheme. This exceeds the requirement for a development of this nature as set out within the Minister’s parking standards.

 

Foul Sewage Disposal

To mains drains

 

Landscaping issues

A detailed landscaping scheme has been prepared and submitted as part of the application. Once the bank roadside bank has been lowered, the intention is to create a native mix hedge formed from both evergreen and deciduous species which will result in a dense screen to the proposed development from the adjacent housing.

 

The landscape proposal argues that reducing the height of the existing bank will result in a roadside hedgerow which is more in keeping with Jersey’s countryside character then the man-made ‘disproportionately-large’ bank which exists at present.

 

The hedgerow along the existing site boundary with Field 555 is to be retained and possibly planted further, in conjunction with the co-owner of the hedge.

 

The car park area is also to be appropriately landscaped with a mix of good quality hardstanding surfaces and planting areas. A staff amenity area is to be provided within the north-east corner of the site.

 

Overall, the landscaping scheme has been carefully considered and will result in an attractive finish for the project; however, as noted above, the principle of reducing the roadside bank remains contentious.

 

Other Material Considerations

In view of the previous uses of the site, there is the potential for some contamination of the land. To this end, the applicants engaged Hartigan Engineers to undertake an investigation of the site. The conclusion of this investigation was that there was no evidence of contaminated soil and that chemical analysis showed low concentrations of a range of common contaminants. The recommendation in the report was that no remediation was necessary. A copy of the Site Investigation is attached with the background papers.

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.

 

 

Officer

Recommendation

APPROVE with the exception of the new vehicle entrance.

 

 

Conditions

  1. 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.
  2. 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.
  3. 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).
  4. 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.
  5. 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.
  6. 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.
  7. 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

  1. 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.
  2. 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.
  3. In order to limit the degree of light pollution in the interests of the amenities of neighbouring residents.
  4. In the interests of the general residential amenity of the occupiers of nearby properties.
  5. So as to accord with the provisions of Island Plan policy BE12.
  6. 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.
  7. 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.

 

 

Background Papers

1:2500 Location Plan

Architect’s Design Statement

22 letters of objection

8 responses from consultees

8 letters from the Architect

Hartigan Engineers Soil Contamination Report

Landscaping Design Statement

Traffic Assessment and Travel Plan Report

 

 

Endorsed by:

 

Date:

 

 

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