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A decision made (21.08.07) to agree to further phased development in advance of a Planning Obligation Agreement for the Category A Housing Development at Bel Royal.

Subject:	Category A Housing Development at Bel Royal – Further Phased Development in Advance of Planning Obligation Agreement
Decision ref:	MD-PE-2007-0208	Exempt clause(s):		NONE
Type of report:	Written and oral	Report file ref:		P/2006/2489 and 8/37/1
Person giving report (if oral): Principal Planner
Written report – author: Principal Planner
Written Report Title: Category A Housing Development at Bel Royal – Further Phased Development in Advance of Planning Obligation Agreement
Decision(s): The Minister for Planning and Environment decided to; (i) Permit the further release of phased construction works of Blocks 17, 18, 20, 21, 22, 23, 24, 26.
Reason(s) for decision: To enable the developer to maintain workload and staff resources and avoid potential damage to the affordability of the scheme.
Action required: Inform the developer and local political representatives of the Minister’s decision; Advise the Law Officers’ Department of the Minister’s decision and request that work on the Planning Obligation Agreement is carried out as expeditiously as possible.
Signature: Minister			Date of Decision:

Bel Royal Category A Housing Development - Further phased development in advance of Planning Obligation Agreement

PLANNING AND ENVIRONMENT

Category A Housing Development at Bel Royal, St. Lawrence –

Further Phased Release of Development

Purpose of the Report

To consider a request from the developer for a further phased release of building works, in advance of entering into the Planning Obligation Agreement with the Minister.

Background

1. On 21st March 2007, planning permission was granted for development at the site comprising, inter alia, 102 Category A homes.

2. The permit was formally issued on the 8th May 2007, conditional upon the applicant entering into a formal Planning Obligation Agreement with the Minister “within 6 months of the date of this permission” (Planning Condition no. 2).

3. The permit also allowed the commencement of a limited amount of work in advance of the Planning Obligation Agreement being signed (Planning Condition No.3). This work included certain site preparation operations, the construction of plots 69-72 (Block 11) and plots 97-102 (Block 25), and “such other works that may be agreed in writing by, or on behalf of, the Minister”.

5. In May 2007, work started on drafting the Planning Obligation Agreement and it was hoped that it might be completed and signed within 12 weeks. The draft agreement has now been finalised and circulated to the other parties for discussion, however it is likely that the completion of the agreement will exceed 12 weeks.

7. In the interim, work has been progressing on-site. As at Friday 10th August 2007, the superstructure of blocks 25 and 11 were nearing completion. As a consequence, the developer has requested the Minister’s reconsideration of the further phased release of construction work in advance of the Agreement.

Discussion

The draft planning obligation has now been circulated to the relevant parties for discussion and signing is at least 4 weeks away, if an early agreement of all parties can be achieved.

The Third Party Appeal [Crick v Minister for Planning and Environment and Bel Royal (Jersey) Ltd] had has been dismissed by the Master of the Royal Court.

In the light the timescale for signing the Agreement and in view of the third party appeal being dismissed, and the implications for the developers workload and staff resources, the applicant has requested that a further 28 homes be released for development (i.e. Blocks 17, 18, 20, 21, 22, 23, 24, 26). Note that these plots have been chosen specifically to minimise the impact on existing trees and on the ‘cut and fill’ exercise.

Recommendation

That the Minister for Planning and Environment decides to:

(i) Permit the further release of phased construction works of Blocks 17, 18, 20, 21, 22, 23, 24, 26.

Reason(s) for Decision

 To enable the developer to maintain workload and staff resources and avoid potential damage to the affordability of the scheme.

Action Required

 Inform the developer and local political representatives of the Minister’s decision;

 Advise the Law Officers’ Department of the Minister’s decision and request that work on the Planning Obligation Agreement is carried out as expeditiously as possible.

Written by:	Tony Gottard, Principal Planner

Approved by:

Endorsed by:

Attachments:

 Appendix 1: Letter from applicant dated 16th July 2007

File ref: P/2006/2489