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Mont de la Rocque Hotel / Clos des Pins, Le Mont de la Rocque, St. Brelade - Refusal of Planning Application.

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A decision (05/01/2009) regarding: Mont de la Rocque Hotel / Clos des Pins, Le Mont de la Rocque, St. Brelade - Refusal of Planning Application.

Decision Reference:   MD-PE-2008-0283

Application Number:  P/2008/0544

(If applicable)

Decision Summary Title :

Mont de la Rocque Hotel/Clos des Pins, Le Mont de la Rocque, St. Brelade

Date of Decision Summary:

11 December 2008

Decision Summary Author:

A. Townsend

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Oral and written

Person Giving

Oral Report:

A. Townsend

Written Report

Title :

Planning and Environment Dept Report

Date of Written Report:

10 November 2008

Written Report Author:

Andy Townsend

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: Mont de la Rocque Hotel/Clos des Pins, Le Mont de la Rocque, St. Brelade  

Demolish existing hotel and neighbouring property.  Construct 14 apartments and 1 townhouse with associated carparking and landscaping.

Decision(s):

The application was referred to The Minister as the Planning Applications Panel at its meeting of 20 November 2008 were minded to refuse the application contrary to Officer recommendation.  

The Minister confirmed the Planning Applications Panel refusal of the application on the grounds that:-

  • The proposal was a general overdevelopment of the site.
  • The design was not in keeping with the context of the site.
  • The development was too intrusive on the site with too great an impact on the street, in part due to the extent of excavation and construction of retaining and roadside walls.
  • Potential impact on the existing trees covered by a Tree Preservation Order and the lack of clear evidence to confirm that they would be successfully retained during demolition and construction.
  • The rear block (Block 3) was out of character, too dense and bulky.

 

An informative proposed by the Panel was also accepted: Any future applications will require a landscaping and geological/engineering survey to be included.

Reason for Decision:

Having reviewed the application, the Minister concurred with the decision of the Panel

Resource Implications:

None.

Action required: 

Notify Agent, Applicant and all other interested parties and issue formal notice of refusal of application.

Signature:

PLeg / PT Initials

Position:

Minister for Planning and Environment

Date Signed:

Date of Decision (If different from Date Signed):

Mont de la Rocque Hotel / Clos des Pins, Le Mont de la Rocque, St. Brelade - Refusal of Planning Application.

Site Visit

Planning and Environment Department Report  

Application Number

P/2008/0544

 

Site Address

Mont de la Rocque Hotel / Clos des Pins, Le Mont de la Rocque, St. Brelade.

 

 

Applicant

Mont De La Rocque Holdings Ltd

 

 

Description

Demolish existing hotel and neighbouring property.  Construct 14 apartments and 1 townhouse with associated carparking and landscaping.

 

 

Type

Planning

 

 

Date Validated

14/03/2008

 

 

Zones

Built-Up Area

Green Zone

Tourist Destination Area

Tree Preservation Order

 

 

Policies

G2 –General Development Considerations

G3 – Quality of Design

G14 – Protection of Trees

G15 & G16 – Replacement Buildings and Demolition of Buildings

H8 – Housing Development in the Built Up Area

TR2 – Tourism Destination Areas

WM2 – Construction and Demolition Wastes Plan

 

 

Reason for Referral

Scale of development and number of objections received

 

Summary/

Conclusion

The previous scheme for the redevelopment of this sensitive site to create 33 flats was refused on several grounds. This new scheme addresses the concerns particularly with regard to Green Zone, overlooking, overbearing, car parking, loss of landscaping and design. Following comments from the States Arboriculturalist the scheme has also been amended to reduce its size to allow for the trees covered by a TPO to be retained.  Many of these issues are subjective however, the scheme relies upon a large amount of excavation and a significant number of objections have been received. Therefore, whilst further fine details are considered necessary before any Permission could be granted, the Department is seeking the Panel’s view in principle of the scale, volume, mass, layout and design of the proposal, prior to requiring these details from the applicant.

 

 

Officer

Recommendation

APPROVE the principle of this number, scale, layout and design of units, but require the submission of the 1:20 details noted above, and agreement to landscaping details, prior to issuing a permit.

 

Site Description

The existing hotel and restaurant together with the adjacent site Clos des Pins and gardens.

 

 

Relevant Planning History

The site has been the subject of a number of applications over the years. Most relevant is the application reference P/2003/0424, which proposed the demolition of the existing hotel and Clos des Pins and the construction of 33 no. flats with pool and gym facilities. This was refused Planning Permission on six grounds.

  • By reason of the position, height, mass, scale, area and design of the building and the loss of existing vegetation, especially at the front of the hotel, and including trees covered by the Tree Preservation Order, the development will have an unacceptable visual impact upon the character and amenities of the area. The scheme therefore fails to satisfy Policies G2, G3, G14 and H8 of the Jersey Island Plan.
  • The proposal included development within the Green Zone.
  • The proposal involved an unacceptable overdevelopment of the site which failed to provide adequate provision for car parking and amenity space.
  • The development due to its scale and siting relative to neighbouring properties would cause an unacceptable loss of amenity to neighbouring residents by overbearing and loss of privacy.
  • The scheme failed to comply with Policies G15 and G16 of the Island Plan regarding replacement and demolition of existing buildings in that the proposal would not enhance the appearance of the site and would have an unacceptable impact on the character and amenities of the area and neighbouring properties.
  • The proposal involved an substantial amount of excavation in addition to the demolition of the existing buildings. The proposals regarding the disposal of materials were not considered adequate and failed to satisfy the requirements of Policies G16 and WM2 of the Island Plan.

 

 

Existing use of Land/Buildings

Hotel, restaurant and separate residential

 

 

Proposed use of Land/Buildings

Residential

 

 

Consultations

Environment Department – in their comments of 9 April noted that they would expect a Construction and Waste Management Plan and note the presumption would be for the re-use and recycling of materials. The Department was subsequently sent a copy of the applicant’s Waste Management Plan and further comments are awaited.  

Parish of St. Brelade – in their comments of 11 April note that the application was only considered in so far as it relates to access to and from the Parish road and the possible effect on the said road.  

No objections were raised in regard of the application however, in view of possible services being required to the site, this may result in certain trench work involving the Parish road, and Le Mont de la Rocque. In the event of any damage which may result from such works the Parish would look to either the owner or contractor to meet any reinstatement or resurfacing work which may be necessary. The Parish Roads Committee would request a Condition to this effect be included on any Planning approvals which may be forthcoming.  The department considers this a matter between the 2 parties and not therefore appropriate for a Planning Condition, but an Informative to bring this matter to the applicant’s attention is recommended. 

States Arboriculturalist - Has not submitted a formal letter of response, but in discussions and e-mails raised objections to the original scheme, but is content with the revised proposals as discussed under the headings “Landscaping Issues” and “Size, Scale and Siting” below. 

The applicant’s agent has responded to these comments and the objections discussed below, in a series of letters which are attached as background papers, as are the consultation responses received.

 

 

Summary of Representations

A total of 25 objections have been received covering a variety of concerns including:-

  • Height and scale of the proposed buildings.
  • The flats are big enough to be further subdivided.
  • Too great a density
  • Cramped development
  • Overbearing
  • Volume of excavation
  • Loss of trees
  • Poorly detailed pastiche design which detracts from the authenticity of the High Street.
  • Disturbance during construction
  • Dangerous access
  • Damage from construction and excavation
  • Sustainability – the existing building should be retained and re-used and not demolished
  • The proposal would change the character of this lane
  • Loss of green frontage
  • The site is being adapted to fit the scheme, whereas the scheme should be adapted to fit the site.
  • Parking adequacy
  • Development in the Green Zone
  • Overlooking

 

The applicant’s agent has responded to many of these objections, and all of the objection letters and responses are attached as background papers

 

 

Planning Issues

Policy Considerations

The previous (refused) application strayed into the Green Zone to the north. The buildings proposed as part of this current application, do not. The buildings lie within the Built Up Area wherein there is no presumption in principle against their redevelopment. In addition there is no policy which seeks to retain and protect the existing tourist accommodation.  

The development will need to satisfy the normal requirements of Policies G2 (General Development Considerations), G3 (Quality of Design) and H8 (Housing Development in the Built Up Area), and also, as the proposal involves the redevelopment of existing buildings, needs to satisfy the requirements of Policy G15 and G16 (Replacement Buildings and Demolition of Buildings), which seek to retain and re-use existing buildings where possible, and where a replacement is envisaged, require the development to enhance the site and area.  

Trees should retained (policy G14), waste management considered (WM2), and the Tourism Destination Area of St Aubin not harmed (TR2). 

Land Use Implications

As noted above there is no policy objection to the loss of the existing hotel and restaurant facilities. The vast majority of surrounding properties are in residential use, and therefore in principle a residential use of this site is compatible with the area, and is likely to significantly reduce traffic generation to the site, when compared to the existing hotel and the restaurant which was open to non-residents.  

Size, Scale and Siting

This is a large development in a very prominent position above St. Aubin’s Village, particularly evident in views from the harbour. The previous application was considered an overdevelopment of the site and in a manner which was architecturally inappropriate to the character of the area.  

If the site is to be redeveloped there are a number of architectural styles which could be adopted. The Department has previously discussed a number of alternatives with the applicant, but none of the schemes submitted were considered successful. Ultimately, therefore the Department recommended a traditional façade to the proposed development which reflects the nature of buildings in the older parts of St. Aubin, and which are in accordance with the Minister’s Design Principles. For such an approach to be successful, the fine details will be crucial, and the applicant has previously been advised that detailed drawings at a scale of 1:20 will be required for windows, doors, soil pipes, any extracts, reveals, and any shutters, plus the fine details of means of enclosure, including any enclosing or retaining walls. In addition, it is considered that the dormer windows shown on Terrace no. 1 are overlarge and should be reduced. However, given the lengthy negotiations thus far, the Department is seeking a decision from the Panel with regard to the principle of the style and scale of development proposed, before requiring the applicant to produce these finer detailed drawings.  

Both style and impact are subjective matters, and whilst some of the representations welcome the proposed architectural style, others do not. On balance the Department feels that this style of façade is complementary to the feel of St. Aubin.  Close inspection of the older parts of the village show that amongst the excellent buildings there are some poorer newer buildings and some older buildings which have been unsympathetically extended. This proposed development however concentrates on the best examples, and in the Department’s view achieves a development in a style which one would expect to see within St. Aubin, and therefore one which compliments the style and setting of the village.  

The elevation facing east is broken up into a number of individual elements intending to suggest separate houses as found in the older parts of the village. Although quite deep, the scale and mass of these is considered reasonable. The units at the southern corner of the site, reflect the style of the Somerville Hotel and the units to the west are amalgamated into a single classical building. The intention is to break up the scale of the development. One of the main criticisms of the previous scheme was that it imposed an identical style of development across the entire frontage of the site, out of character with the scale, grain and nature of any other development in the village.  

The separate elements are attached to each other to suggest the same density of development which is found in the older parts of the village. Internally, some of the flats spread from one façade to another. 

The scheme improves upon that previously refused by including some landscaping to the front which can also be used as shared amenity space. This, together with the garden area to the north-east, provides for amenity space for the proposed occupiers without the need for the large balconies which resulted in design and overlooking issues on the previous, refused, scheme. The details of any walls and means of enclosure will be vitally important, as will landscaping, and further details will be required if the Panel accepts the principle of the development.  

The size of the building at the rear has been marginally reduced to overcome criticisms from the Department that the building was oversized, and appeared cramped in relation to the buildings along the eastern frontage.  

The extent of building in the southern corner has also been reduced to allow the trees covered by a TPO to be retained – See “Landscaping Issues” below. 

Design and Use of Materials

The design philosophy is discussed under the heading, Size, Scale and Siting above. A variety of materials are used reflecting the different elements of the scheme. This includes granite render, slates and pantiles. It is expected that all windows will be in timber, that any shutters are in timber and operational, and that all dormers are in lead. 

As noted above, means of enclosure will be particularly important, and it is expected that most walls should be in granite.  
 

Impact on Neighbours

Due to the change in style discussed above, the large number of substantial balconies in the previous scheme has been lost. This means that overlooking issues are significantly reduced, and given the existing overlooking from hotel rooms and the public restaurant, it is not considered that there will be any unreasonable level of overlooking.  

Likewise it is not considered that the proposed buildings will be overbearing on adjacent properties, and any noise and disturbance in the long term, is likely to be less than from the existing commercial uses.  

The development does however rely upon the demolition of the existing buildings and large volumes of excavation not least to create the underground car parking areas. In the short term there will be disruption from the construction process, but this is true of any development, and it has been accepted as not being grounds on which to decide or refuse, a Planning application. Some concerns have been raised with regard to the stability of the land as a result of the excavation and construction processes. This again, however, is a matter for the applicant to ensure that he covers including any liability for damage. 

Access, Car parking and Highway Considerations

This scheme creates a significant number of units less than the previous refused scheme.  Moreover, the level of traffic generation is likely to be significantly less than the existing commercial buildings on site. No objection to the accesses has been raised by the Parish. 

A total of 35 car parking spaces are provided (30 in garaging and 5 at surface). The Minister’s Guidelines for car parking allow for the provision of just 2 parking spaces per unit, where a number of flats are created. In addition, visitor spaces will normally be required on the basis of one for every 3 units. This would give a total of 33 car parking spaces and 35 are provided.  

Foul Sewage Disposal

Foul sewer.  

Landscaping Issues

It is has always been considered important to retain the landscaping at the front of the site, and the failure to do this was a criticism of the previous refused scheme. Greater provision is now made for landscaping at the front of the site. In addition, the garden to the north is to be retained and improved. The details of this will need to be agreed.  

In addition, there are two trees covered by a Tree Preservation Order at the southern end of the site.  On the original drawings these trees were shown to be removed. Recently, however, in the light of concerns raised by the States Arboriculturalist, the applicant has submitted an amendment to the scheme, which reduces the size of the building at the southern corner. This increases the distance to the existing trees so that there is in fact a small improvement over the existing relationship between the current hotel buildings and the trees. It is therefore now proposed that the trees be retained, and the States Arboriculturalist has confirmed that he is content with the scheme as amended.  

Other Material Considerations

The scheme is of a scale which generates a request for a Percentage For Art contribution.  This has not been demanded thus far as the principle of the development has yet to be agreed by The Panel. 

As noted above, the scheme relies upon large volume of demolition and excavation, not least to achieve the underground car parking required to serve the number of units proposed. Comments are still awaited from the Environment Department with regard to the applicant’s Waste Management Plan, but it is evident that the large volume of material will need to be removed.   

It has previously been suggested to the applicant however, that provided a scheme for the site achieves a positive enhancement of the site, and contributes to the character of the area, that the extent of short term excavation will be mitigated by the long term benefits to the area.  

The final decision lies with the Panel whether it is considered that the scheme achieves these gains adequately to satisfy this requirement, and those of the relevant policies noted in this report.

 

 

Officer

Recommendation

APPROVE the principle of this number, scale, layout and design of units, but require the submission of the 1:20 details noted above, and agreement to landscaping details, prior to issuing a permit.

 

 

Conditions/

Reasons

Not relevant at this stage.  Note however Informative regarding Parish comments.

 

 

Background Papers

1:2500 Location Plan

Applicant’s Design Statement

25 letters of representation

Consultation Responses from the Environment Department, Parish of St. Brelade and States Arboriculturalist (e-mail)

Responses from applicant’s agent

 

Endorsed by:

 

Date:

10 November 2008

 

 

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