The application falls to be considered in the context of the policies within the Jersey Island Plan 2011 as amended. The key policies which are particularly relevant to this application are set out below, with a short assessment of whether the scheme is considered to comply. Policy SP1 – Spatial Strategy – sets out that development will be concentrated in the Island’s Built-Up Area, as defined on the Proposals Map. This application is within the Built-Up Area. Policy SP2 – Efficient Use of Resources – sets out that development should make the most efficient and effective use of land, energy, water resources and buildings to help deliver a more sustainable form and patters of sustainable development. In particular the proposed spatial distribution of new development should be designed to limit carbon emissions. This proposal is considered to be an appropriate location for new residential development. Policy SP3 – Sequential Approach to Development – establishes a hierarchy of priorities for development in favour of sustainable development patterns. The application clearly accords with this priority. Policy SP4 – Protecting the Natural and Historic Environment – provides for a high level of protection for the Island’s natural and historic environment which contributes to and defines its unique character and identity. The proposed development subject to planning conditions on archaeology is considered to be in accordance with Policy SP4. This matter is considered in more detail later in this Report. Policy SP6 – Reducing Dependence on the Car – applications must be able to demonstrate that they will reduce dependence on the private car by providing for more environmentally friendly modes of transport. The site is well located to facilitate walking into central St Helier, and the submitted Transport Statement is endorsed by TTS Highways. Policy SP7 – Better by Design – this confirms that all development must be of a high quality design that maintains and enhances the character and appearance of the area in which it is located. This issue is discussed in more detail in the later sections of this Report. Policy GD1 - General Development Considerations - states that development proposals will not be permitted unless the proposal contributes towards a more sustainable form and pattern of development, does not seriously harm the natural and historic environment, does not unreasonably harm the amenities of neighbouring uses, contributes or does not detract from the Island’s economy, contributes to reducing the dependence on the car, and is of a high quality of design. The key considerations from this Policy will be reviewed in the later sections of this Report. Policy GD3 – Density of development – Seeks to contribute towards a more sustainable approach to the development and redevelopment of land and will require that the highest reasonable density is achieved for all developments, commensurate with good design, adequate amenity space and parking. The proposed density of the proposed development is 289 habitable rooms per acre, which compares with 230 habitable rooms per acre at the recent residential redevelopment at Jersey College for Girls site (P/2013/0337) for example and compares with Department Guidance which suggests a figure of 100 – 120 hr/a in central St Helier. Policy GD4 – Planning obligations – Where as a direct consequence of a development, additional infrastructure or amenities are required a planning obligation may be used where it is necessary and appropriate to do so. Policy GD5 – Skyline, Views and Vistas – this policy seeks to protect or enhance the skyline, strategic views, important vistas and the setting of landmark buildings and places. These issues are reviewed in more detail later in this Report. Policy GD6 – Contaminated Land – Proposals will be permitted on contaminated land provided satisfactory investigations have been undertaken and an acceptable programme of treatment identified. The advice of consultees is that standard conditions can satisfactorily deal with these issues. Policy GD7 - Design Quality - requires that a high quality of design that respects, conserves and contributes positively to the diversity and distinctiveness of the landscape and built context will be sought in all developments. The issues relevant to this assessment are considered in the later sections of this Report. Policy GD8 - Percentage for Art - states that the Minister will encourage the contribution of a percentage of design and development costs to the provision of public art. A contribution of approximately £375,000 is proposed for the percentage for art. This contribution would be spent on 4 main aspects: - A contemporary interpretation of the geological history of the site,
- A sculpture interpreting the nearby megalithic cyst and avenue,
- A contemporary interpretation of La Grande Douet stream using lighting systems and stonemasonry and poetry running the entire length of the site from north to south,
- Corten steel sculptures and lighting structures showing the history of the Jersey Gas Company.
Policy NE1 – Conservation and Enhancement of Biodiversity – there is a presumption in favour of applications which deliver these objectives. The submission includes an acknowledgement that protected species might be present and the responses from consultees propose conditions to manage such work and mitigate any impacts. Objectives BE1- Built environment objectives and BE2 – Regeneration of St Helier objectives These objectives seek the regeneration and enhancement of the built environment and St Helier including creating public realm and access improvements, to maintain the role and support the development and regeneration of St Helier and to develop a vision and overarching strategy for St Helier. These objectives are the precursor to a programme of SPG’s (which have not yet been prepared) to focus on the Regeneration Zones identified within the Island Plan. Policy HE1 – Protecting Listed Buildings and Places – establishes a presumption in favour of preserving and enhancing the special interest of Listed buildings and places and their setting. These matters are considered in detail later in this Report. Policy HE5 – Preservation of Archaeological Resources – planning applications which may impact on archaeological resources should include the necessary assessment. The application includes baseline investigations and the conclusions are considered later in this Report. Policy H4 – Housing Mix – developments are expected to contribute a variety of sizes of homes. The application includes a reasonable mix of units, including 1, 2 and 3-bed accommodation. Policy H6 – Housing Development within the Built-Up Area – proposals for new dwellings will be permitted, provided developments accord with the Standards for housing as set out in Supplementary Planning Guidance. The development is in the Built-Up Area, and the unit sizes are in accordance with the required standards. The proposed amenity space for the development is as follows: a. The area of ground level shared amenity space as shown hatched in red on the Ground Floor Plan extends to 2,503 m2 b. The total amount of private residential amenity space provided within the development including ground level private patios/terraces, upper floor balconies and roof level shared amenity areas extends to 4,312 m2 c. Typical private balconies for 1 bed units vary from 5.1 m2 to 13 m2 and for 2 bed apartments from 8.3 m2 to 17 m2. 3 bed townhouse units have 35 m2 roof terraces + additional 5.1 m2 balconies at lower levels. d. The average level of private amenity space per unit is 14.5 m2. The Planning Department have the following on site amenity standards for apartments (as specified in the ‘Minimum Specification For New Housing Developments document 1994’: 30m2 per family flat of 2 bedrooms and above 20m2 per non-family flat under 2 bedrooms It is considered that taking into account both the private and public amenity areas within the site as set out above and its location adjacent to the Town Park that the proposed amenity space provision is acceptable With regard to car parking provision, 236 residential parking spaces are proposed for 297 units (which equates to 0.79 spaces per unit). This proposed provision is considered acceptable taking into account its central sustainable location within walking distance of the town centre and close to public transport. Note is also taken of TTS Highways support for the proposed level of parking provision and who comment that the ratio is considered appropriate given that 30% of households in St Helier do not have a car (2011 Jersey census). Policy E1 – Protection of employment land – states that there will be a presumption against development which results in the loss of land for employment use unless 1 of the 4 listed criteria are met. Criteria 3 of Policy E1 states that: ‘the overall benefit to the community of the proposal outweighs any adverse effect on employment opportunities and the range of available employment land and premises’. Criteria 4 states: ‘the existing use is generating environmental problems such as noise, pollution or unacceptable levels of traffic and any alternative employment use would continue to generate similar environmental problems. It is considered that the proposed development is in accord with Criteria 3 of Policy E1 in that there would be an overriding environmental and community benefit for the regeneration of the area as detailed in the North of Town Masterplan and the Jersey Gas Development Brief. The development would involve the relocation of a potentially hazardous use from this part of town, would provide a contribution to the provision of public car parking and would provide wider public realm and pedestrian enhancements in the area. Jersey Gas would be relocated to La Collette as a result of this development and therefore the employment use would not be entirely lost to the Island just relocated. It is considered that the aforementioned benefits outweigh any loss of employment on the site. Policy ER4 – Development of local shops – Proposals for new small local shops of 100 sqm will be permitted within the Built up Area provided that they will not unreasonably affect the character and amenity of the area. The proposed retail units are limited in scale, would provide a valuable service to residents and within the wider context of the development and neighbourhood would not unreasonably affect the character and amenity of the area. Policy TT4 - Cycle Parking - requires cycle parking provision in all new developments. One cycle bay per residential unit is proposed which is considered to accord with Policy TT4. Policy TT8 – Access to Public Transport – seeks to ensure that where bus services are low or infrequent in relation to the scale or nature of development proposals, that the developer will be expected to support the provision of an appropriate service. The proposal is well located in relation to access to bus services. Policy TT9 – Travel Plans – proposals which would generate significant amounts of traffic will be required to submit travel plans to reduce the reliance on the private car. A condition is recommended to ensure a Travel Plan is submitted. Policy NR7 – Renewable Energy in New Developments – requires large developments to incorporate on-site low carbon or renewable energy production equipment to off-set predicted carbon emissions by at least 10%, except where it is demonstrated that such provision would make the development unviable or where it would have an adverse visual or amenity impact. The application is accompanied by a Design and Access Statement which sets out in the Sustainability section how the 10% requirement can be delivered by lower-energy usage, thermal insulation and energy efficient lighting amongst other measures. Policy WM1 - Waste Minimisation and New Development - states that the Minister will encourage the minimisation of waste generated as part of construction activity and an increase in recycling, re-use and recovery of resources. Major developments will only be permitted where measures are taken to minimise the waste arising and to recycle, re-use and recover as much as possible of generated waste materials, and opportunities are taken to maximise on-site management of waste. Where inert waste generated cannot be re-used on site, it should be diverted for recycling with a licensed contractor. A comprehensive Waste Management Plan has been included with the revised application. A critique has already been provided by the technical consultees. Policy LWM2 - Foul Sewerage Facilities - provides that development which results in the discharge of sewerage effluent will not be permitted unless it provides a system of foul drainage that connects to the mains foul sewer. The development will connect to the mains foul sewer network and there is a detailed response from TTS Drainage as the relevant technical consultee. ______________________ North St Helier Masterplan adopted by States in proposition P.73/2011 - as amended June 2011 The Masterplan identifies 9 Key intervention sites which have specific proposals developed within the Masterplan. One of these 9 sites is the Jersey Gas Site subject to this current planning application. The Masterplan proposes that the Jersey Gas site is suitable for significant new residential development should it become surplus to the Gas Company’s requirements and if it can extend its site at La Collette onto States Land. The Revised Masterplan proposes 24,000 sq metres of housing development providing approx. 300 dwellings, with enclosing public open space and underground car parking for residents and commuters. In addition it is stated that the scheme could also include community or commercial uses and a new link through to Belmont Road. The Masterplan states that any new buildings should be predominantly 5.5 storey’s (including a lower ground floor) and will need to be sympathetic to the scale of surrounding buildings. Indicative elevations of the type of development that may be expected on the site were provided within the Masterplan. A review of the Listed Buildings on St Saviour’s Road will also be undertaken to see if they merit their listing. With regard car parking it is stated there would be 180 below ground residential parking spaces and 138 car parking spaces for long stay public use. The proposed development is broadly in accord with the North Town Masterplan with 297 residential units proposed and Jersey Gas proposed to relocate to La Collette. In addition there would be enclosed public open space, pedestrian links through the site, commercial or community units within the site and a range of building heights from 3 to 6 storeys. The Masterplan sets out a need to provide a pedestrian/cycle link from Tunnell Street through to Belmont Road and on to cycle routes. The Parish of St Helier have confirmed that they have purchased the land to provide a pedestrian/cycle link from Tunnell Street through to Belmont Road and this gained Parish Assembly approval on 21 November 2012 with planning permission being subsequently granted for this link. Therefore there is no need to include the need for a pedestrian link in the Planning Obligation Agreement. With regard to car parking, there is some divergence from the Masterplan in that whilst underground car parking for residents will be provided; public car parking will not be provided on site. Instead a commuted sum of £861,000 has been agreed between TTS Highways and the Applicant to provide public car parking elsewhere in St Helier. The reason this option has been taken is that by providing public car parking on the application site itself it would result in a huge escalation in build cost by the need for a much larger basement car park on 2 levels and resultant impact on archaeology, contaminated land issues, waste disposal and very importantly huge traffic implications from and to the site with cars coming and going throughout the day leading to traffic congestion and potential traffic problems on surrounding streets such as Tunnell Street. Bearing these issues in mind it is considered that the commuted sum to provide public car parking off site is acceptable. Supplementary Planning Guidance: Development Brief: Jersey Gas Site September 2013 (Revision A) The Development Brief has been reviewed and amended in response to the findings of a public consultation and adopted in June 2012 by the Minister for Planning and Environment It has subsequently been revised, in September 2013, to reflect changes related to the delivery of affordable homes and the provision of car parking. The new guidance was intended to provide the framework for the assessment and determination of any subsequent planning application. The key principles of the development are listed in the Development Brief as follows: ‘The redevelopment of this area offers a significant opportunity to repair the townscape and remove a non-conforming hazardous use from the town and elsewhere. It provides an opportunity to create a predominantly residential development, which contributes to the Island’s specific housing needs, within walking distance to schools and the town centre. There is also the potential to secure a contribution to the provision of nearby shortstay public car parking, of benefit to local business and residents replacing some of that lost to the provision of the Town Park, as well as public realm enhancements, in accord with the objectives provided by the North of Town Masterplan’. Having established the key principles, the Brief then includes the “Aims of development” which are identified as: - to secure a positive environmental and social improvement
for the Town Park area by the removal of a potentially hazardous uses from the Jersey Gas site in Tunnell Street, St. Helier, and to create the potential for the relocation of the LPG storage site at Les Ruettes, St. John, to more appropriate locations; - to assist in the regeneration of the area and breathe new life
into the town; - to provide a predominantly residential development that
contributes to the provision of affordable homes; - to incorporate some limited small-scale commercial, retail
use/or a community use to serve local needs; - to secure a contribution towards the provision of alternative
public and residents’ car parking and to contribute towards the enhancement of the public realm in the immediate locality and also the North of Town area; - to create a design that makes a positive contribution and
improvement to the physical context of the neighbourhood, and which provides a focal point, enclosure and physical connection with the new Town Park; - to deliver a form of development that responds to the heritage value of the site and its context;
- to provide a well-designed development that is efficient in
terms of space and energy consumption, making best use of the area of land available; - to provide the people who will live there with the best level
of amenity, in all its aspects, given the site’s location on the town ring road and proximity to the new Town Park’. The Development Brief then sets out more detailed issues, but states that these are not meant to be prescriptive and a degree of flexibility may be applied. Amongst the detailed issues listed are: - The density of the new development must emerge from a design led solution and be the highest consistent with maintaining reasonable standards of design, space about buildings and privacy, appropriate to the type of accommodation provided and the general surroundings.
- The Minister for Planning and Environment will apply a balanced approach, in accordance with his obligations under the law and internationally, in weighing up any negative impact of change on the integrity of the Listed buildings and archaeology against the need to secure the long-term future of heritage assets and the wider regenerative benefits of any proposed scheme.
- The North Town Masterplan originally required on-site public parking to be provided to replace the parking lost as a result of the development of the Town Park and, on this basis, the development was to provide 138 public spaces, to be made available for shopper short-stay and local residents’ parking at prevailing public parking rates.
However, the Masterplan also made provision for a biennial review of parking needs to be undertaken and following an independent review of parking needs in St Helier the provision of public parking will no longer be required on the site, instead it is replaced by a negotiated commuted sum which will be used to support the initiatives of the Sustainable Transport Policy. Accordingly, the sum will be advised by the Minister for Transport and Technical Services and secured by a planning obligation agreement with the Minister for Planning and Environment. - There is considered to be potential for a scheme ranging from six storeys along the northern boundary of the site to up to four storeys along the southern boundary. The southern side should respect the existing street context and care must be taken to ensure that the residential amenity the existing dwellings along Tunnell Street is not compromised in terms of outlook and privacy, and specific attention is given to how the development ‘turns the corners’ to avoid any unduly large blank gables and overbearing impact to the street.
- The development should make provision for amenity space within the boundaries of the site some of which may contribute to the public realm and be genuinely publicly accessible: the potential to provide public routes through the site should be explored. The private amenity space created must form an integral element of the overall design and layout of the development, and serve a useful purpose to people living there, to ensure that it is convenient and safe to use and also provides visual amenity.
It is considered that the proposed development is in general accord with the Development Brief and meets the key principles and aims of the Brief. With regard to the more detailed factors to take into account as set out in the Brief, again it is considered that these are largely met. The density of the development is considered to be at the highest reasonable density without unacceptable negative impact on the surrounding area whilst maintaining space and light around/to the buildings. A Mixture of between 3 storeys to the east of the site and 6 storeys to the north and centre are proposed which largely accords with the Brief which proposed six storeys to the north and 4 storeys to the south. The Development Brief makes reference to the biennial review of parking in St Helier that is undertaken to establish parking needs/demand. Following the last Biennial review in June 2013, the Development Brief was amended in September 2013 to reflect the Parking Review and amend the need to provide public parking on the application site and instead proposed replacing this with a negotiated commuted sum. TTS Highways have agreed a sum of £861,000 with the Applicant and it is considered that this commuted sum is acceptable and should be included in the Planning Obligation Agreement. | 
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