La Plata, 24 Midvale Road, St. Helier: Appeal Decision P/2020/0083

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A decision made on 20 July 2021

Decision Reference: MD-PE-2021-0029

Application Reference: P/2020/0083

Decision Summary Title:

Appeal Decision – La Plata, 24 Midvale Road, St Helier

Date of Decision Summary:

14 May 2021

Decision Summary Author:

Principal Policy Planner – Strategic Policy, Planning and Performance

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title :

Inspector’s Report- La Plata

Date of Written Report:

06 May 2021

Written Report Author:

D A Hainsworth LL.B(Hons) FRSA Solicitor- Planning Inspector

Written Report :

Public or Exempt?

Public

Subject: Appeal under Article 108 of the Planning and Building (Jersey) Law 2002 against a decision to grant planning permission, P/2020/0083, for “Demolish single storey existing extensions to North-East of site. Construct single storey extension with terrace above, external stairs and balcony to North-East elevation and various internal and external alterations to create 1 No. three bed and 2 No. two bed residential units” at La Plata, 24 Midvale Road, St Helier JE2 3YR

Decision:

The Minister allowed the appeal and refused to grant planning permission, reference P/2020/0083, for the following reasons:

1. The submitted plans fail to demonstrate the degree to which the design, materials and finishes reflect or complement the style and traditions of local buildings. Accordingly, the proposals do not attain the high standard of design required and are, therefore, contrary to policies GD1 and GD7 of the Adopted Island Plan 2011 (Revised 2014).

2. The proposed development, by virtue of the proximity of the external access stair and balconies to nearby residential properties, would be likely to result in an unacceptable impact upon the amenities of nearby residents as a result of noise, general disturbance and loss of privacy. The proposal is, therefore, contrary to Policy GD1 of the Adopted Island Plan 2011 (Revised 2014).

Reason for Decision:

The Minister gave full consideration to the assessment and recommendation of the Inspector as detailed in his report to the Minister.

However, the Minister also considered that the form and design of the proposed development, with external staircase access, did not sufficiently respect or harmonise with the local context and that the proposal failed to achieve the high quality of design required by the policies of the Island Plan. In particular, the Minister considered that the impact of the proposals on the amenities of nearby residents would not be acceptable.

Resource Implications:

None.

Action required:

Request the Judicial Greffe to inform interested parties of the decision.

Signature:

Deputy John H Young

Position:

Minister for the Environment

Date Signed:

Date of Decision (If different from Date Signed):