PLANNING AND ENVIRONMENT
Island Plan 2002: Policy H2(8)
Fields 190-192, Rue de la Sergente, La Moye, St Brelade
Development brief
Purpose of the Report
The purpose of this report is for the Minister for Planning and Environment to consider issues relating to the approval of the development brief for Fields 190-192, Rue de la Sergente, La Moye, St Brelade.
Background
Field 190-192, Rue de la Sergente, La Moye, St Brelade was approved as a site for the provision of Category A housing under the auspices of Policy H2(8) of the 2002 Island Plan, which was approved by the States on 11 July 2002.
Policy H6 of the plan requires the preparation of development briefs prior to the determination of planning applications on sites subject to Policy H2. A draft development brief for Fields 190-192, Rue de la Sergente, La Moye, St Brelade was approved by the then Environment and Public Services Committee in March 2003.
Progress on the advancement of this site has been slow principally as a result of delay caused by landowners’ negotiation with potential developers. In early 2006, a prospective developer of the site produced a development scheme – a scheme involving 29 three-bed family homes prepared on behalf of GR Langlois Ltd. This scheme was a developer’s interpretation of the draft development brief and had no form of approval or endorsement of the Minister for Planning and Environment. The draft scheme, together with the draft development brief, formed the basis of a public consultation exercise undertaken in early 2006.
In response to concern about the development of the site, and specifically in relation to the draft development scheme prepared by GR Langlois, a petition calling for the Minister for Planning and Environment not to approve the draft scheme, was also considered and supported by the States (P75/2006).
As a consequence of the consultation on the draft brief, including the developer’s production of a preliminary scheme; and a States debate, a number of issues have emerged which need to be considered within the context of finalising the development brief for this site. It is also pertinent to reflect upon any change within the situation relating to the need for housing in the Island presently.
Discussion
The issues raised in relation to this rezoned housing site are not dissimilar to those raised in relation to other such sites and are mainly related to the perceived ability of the locality to accommodate new development, both at a strategic level – in terms of its impact upon the character of the area and also the ability of the infrastructure, including schools, roads and drains to cope with the additional demand; and at a local level – where the concerns are specifically about the immediate impact of new development upon adjacent residents.
All of these matters are legitimate concerns but they need to be considered within the context of the Island’s requirement to provide new homes and the States decision in relation to its rezoning.
The comments received during the consultation exercise are attached at appendix 1. A summary of these concerns is provided at appendix 2. A response to the general issues raised is set out below. The proposed revised brief is set out at appendix 3.
Strategic issues
Overdevelopment of La Moye/ St Brelade
Concern was expressed that the cumulative effect of this development with other development in the locality, would irretrievably alter the character of La Moye and render it even more suburban. This is undoubtedly true, but is a simple manifestation of the States decision to amend the built-up area boundary in this area and to rezone this site for housing, in order to meet the island’s housing needs. It also reflects the decision that it is more sustainable to locate new development in areas which already have the benefit of local services within reasonable proximity.
Lack of infrastructure: schools and highway capacity
This issue of the capacity of local schools was raised as an issue during consultation: the revised brief (page 10) seeks to address this. In essence, whilst there is an issue about the capacity of a limited number of classes in the local primary and secondary schools to accommodate new pupils, the number of pupils likely to be affected by this is very small and as such, is not likely to have any planning-related implications – such as any significant increase in trip generation from the site as a result of the need to transport children to alternative schools. Also any such problems are likely to be short-term and the development of this site, with good footpath and cycle links to local schools, will mean that the next cohort of children living on the site will all have the opportunity to travel to school by bike or foot.
The issue of the capacity of both the local and strategic highway network is also addressed in the revised brief (see pages 9 and 10). It is acknowledged that the capacity of the Island’s road network is limited, particularly during peak hour and particularly at certain spots, such as Beaumont/ Route de la Haule. This was recognised when the site was rezoned.
In order to minimise the potential for more trip generation, the development of the site will be conditional on the provision of measures which support and enable more sustainable modes of travel such as walking, cycling and bus travel. Specifically the developer will be required to provide, a bus shelter to serve the site; a footpath link to the Railway Walk and; the provision of a financial contribution to support the development of the bus service to this part of the Island.
Housing need
Whilst the Island Plan has provided many new opportunities for the development of new homes, there still remains a requirement to provide family homes, particularly for first-time buyers, and the H2 sites (those rezoned in the Island Plan) are important in contributing towards this. This is supported by the work contained with Planning for Homes 2006..
There is an increasing recognition that there is also a need for more housing in the island for elderly people, in response to the requirements of an ageing society. The Department is aware of this and is working with other stakeholders, including the parishes, to identify suitable sites specifically for elderly persons homes: F190-192 is not considered to be a particularly good site for elderly persons on the basis of the distance from local services for people who may not be particularly mobile, and that there are other, more suitable sites within the Parish of St Brelade to meet this need, which are to be included within a forthcoming proposition.
Local issues
Impact upon amenity
Many of the concerns raised were specifically in relation to the draft development scheme prepared by GR Langlois for 29 three bedroom homes, which had no formal endorsement of the Minister for Planning and Environment. The draft scheme failed to adequately deal with the relationship between new homes on the F190-192 site, and the homes of existing residents to the north. The brief clearly sets out the requirement for the developer to have regard to matters of overlooking, privacy, overbearing upon adjacent property and the scheme failed to do this. The brief is considered to be robust in this respect and the developer needs to adequately respond to this requirement to secure planning permission.
Other issues relating to the impact of new development upon adjacent property related to landscaping and its ongoing maintenance. Clearly, any new landscaping would need to be the subject of detailed consideration to ensure that the siting and selection of trees and plants does not seriously harm the amenity of adjacent residents. Its future maintenance will, like all other rezoned housing sites, be a matter dealt with by planning obligation.
Landscaping, however, remains important: it can contribute to the maintenance of character and provide amenity and privacy.
Density
Some concerns were raised about the density of development on the site. The brief, however, states that the site should be designed in a way to ensure that the maximise density of the site is achieved without unduly harming the amenity of adjacent residents or new residents on the site itself, and that regard also has to be had to providing homes that are reasonably spacious – taking account of new space standards contained with draft supplementary planning guidance, and the Minister’s new design principles.
The matter of the height of homes and the provision of accommodation in the roof was also raised. Clearly, the design of homes needs to have regard to the potential for overlooking and overbearing of adjacent property, and for this reason, the brief seeks to limit the height of homes (to 2.5 storeys) and would only countenance this form of development where it does not prejudice other properties.
It does, however, make sound environmental, social and economic sense to make use of accommodation in the roof space of family homes – this means that families can maximise the use of their property and enjoy as much space that it provides them with, which has to be beneficial form a social perspective. A more efficient use and development of land also means that there is less of a requirement to rezone more land to accommodate those homes that would otherwise have been developed on these rezoned sites, which is not sustainable at an Island wide level.
Technical issues
Matters of drainage were also raised, specifically in relation to the site’s low-lying nature and its potential to flood. In this respect, the developer will be required, as stated in the brief, to provide infrastructure that is capable with dealing with all aspects of drainage associated with the development.
States debate
The States debate on the matter of the preliminary scheme prepared by GR Langlois Ltd is attached at appendix 4. Useful additional contributions to emerge included the following;
A statement by the Assistant Minister for Education that the Department of Education, Sport and Culture had a statutory responsibility to provide education for children in the best way possible, as determined by that department;
The need to consider the lifetime use of homes, to ensure their adaptability and flexibility relative to their design, specifically in relation to the use of the roofspace.
Revised development brief
On the basis of consideration of all of the issues raised above, the draft development brief for Fields 190-192, Rue de la Sergente, La Moye has been revised and updated as considered appropriate (attached at appendix 3).
It is relevant to note that, whilst not binding on the Minister, legal advice secured by the Department from HMAG is of the opinion that the approval and publication of a development brief provides landowners, developers and other stakeholders with a reasonable expectation of what development might be expected to take place on any site the subject of such a brief.
The copy of the revised development brief attached at appendix 3 has changes tracked which, if approved and adopted, will be incorporated within the final document. The key changes made can be summarised as follows:
Updated reference to housing tenure:
introduction of potential for shared equity, where it can be justified;
explanation of why this site is not considered to be entirely appropriate for last-time homes;
New supplementary planning guidance: references to the need for:
Local relevance and reasonable spaciousness;
Percentage for Art
Density;
Homes should be reasonably spacious;
The development of the site should be consistent with achieving the highest level of density whilst protecting amenity and character;
The flexible use of roofspaces is encouraged to ensure the most efficient and sustainable use of land and buildings, up to a maximum of height of building of 2.5 storeys;
Planning obligations: to promote sustainable modes of travel, a additional contribution of £60,000 to support the enhancement of the bus service to this part of the Island is to be required
Updated reference to the capacity of the local educational infrastructure; the potential planning implications of local issues; and the responsibility of ESC to manage implications
Recommendation
On the basis of the above and the attached, taking all of the matters raised into account, the Minister for Planning and Environment is recommended to approve and issue the revised development brief for Fields 190-192, Rue de la Sergente, La Moye, St Brelade.
Reason(s) for Decision
· The Minister has given full and proper consideration to all of the material factors raised in the determination of the development brief for Fields 190-192, Rue de la Sergente, La Moye, St Brelade;
· There is a requirement to approve and issue a development brief in relation to this site in accord with the Island Plan 2002 Policy H6.
Action Required
· Advise Development Control
· Publish approved development brief
Written by: | Kevin Pilley Assistant Director: Policy and Projects |
Attachments:
Appendix 1: Consultation responses
Appendix 2: Summary of consultation responses
Appendix 3: Revised Development Brief
Appendix 4: Extract from States Hansard: 25 October 2006
8/37/8
10 May 2007
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