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Bel Royal - Category 'A' Housing Development - Alteration of conditions to allow more time for compliance.

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A decision made (04/02/2008) regarding: Bel Royal - Category 'A' Housing Development - Alteration of conditions to allow more time for compliance.

Decision Reference:  MD-PE-2008-0022 

Decision Summary Title :

DS – Category A Housing Development at Bel Royal – Request to vary conditions 2, 37, 49 and 61 of permit P/2006/2489.

RC/2007/2740

Date of Decision Summary:

28th January 2008

Decision Summary Author:

Roger Corfield

Principal Planner

Policy and Projects

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral

Person Giving Oral Report:

Roger Corfield

Principal Planner

Written Report

Title :

WR – N/A

Date of Written Report:

N/A

Written Report Author:

N/A

Written Report :

Public or Exempt?

N/A

Subject:  An application from the developer to vary the following planning conditions to allow more time for compliance: 

Condition 2: Requirement to enter into Planning Obligation Agreement (POA) within 6 months of the date of the permit (i.e. 8th November 2007) – Reason: Draft POA is still under review; 

Condition 37: Requirement to submit detailed plans of elderly person’s accommodation within 2 months of being provided with the Minister’s specification (i.e. 25th November 2007) – Reason: Held up while the road improvement issue being resolved; 

Condition 49:  Requirement for the submission and approval of a detailed colour scheme for external elevations, prior to commencement of the development (except that agreed under condition 3) – Reason: The developers are seeking approval for the design and layout of the elderly person’s accommodation first; and 

Condition 61:   Requirement for the submission and approval of proposals for the provision of public art, prior to the commencement of the development (except that agreed under condition 3) – Reason: The developers are keen that issues related to road improvements and the design and layout of the elderly person’s accommodation are resolved first.

Decision(s):

The Minister decided to:

  1. Vary planning condition no. 2 to read: “The developer shall, within 12 months of the date of this permission, enter into a formal contract with the Minister for Planning and Environment under Article 25 of the Planning and Building (Jersey) Law 2002…”;
  2. Vary planning condition no. 37 to read: “…Detailed plans should be submitted to the Minister within a further 6 months”;
  3. Vary planning condition no. 49 to read: “Notwithstanding the indications on the approved plans, full details of the colour scheme to be used on the external elevations of the buildings shall be submitted for the approval of the Minister for Planning and Environment within one month of his approval of the design and layout of the elderly person’s accommodation…”;
  4. Vary planning condition no. 61 to read: “Within 6 months of the commencement of the development hereby approved, except as provided for by condition 3, sufficient details of the proposals for the provision of public art and how it will be procured through the Percentage for Art mechanism shall be submitted to and approved by the Minister for Planning and Environment…”.

Reason(s) for Decision:

Specific

  1. To assist in helping to ensure that appropriate infrastructure, which is related to the development, is provided and maintained.
  2. To assist in ensuring the required elderly person’s accommodation is well designed and laid out.
  3. To assist in ensuring a satisfactory appearance in keeping with site context.
  4. To assist in ensuring compliance with the adopted Percentage for Art Supplementary Planning Guidance.

General

  1. To ensure that the conditions attached to the grant of planning permission remain fair and reasonable in the light of changing circumstances, which affect the approved development and the time period constraints set out in the relevant conditions.
  2. To afford additional and adequate time for the resolution of outstanding matters, which impact on the requirements of the conditions in question, relating to: the formulation of the Planning Obligation Agreement; the design and layout of the elderly person’s accommodation; and the requirements for road safety improvements.
  3. To regularise the current position so that the developers are not in breach of the conditions to which the planning permission is subject.

Resource Implications:

      None 

Action required:

  1. Inform the developer and local political representatives of the Minister’s decision.
  2. Inform ‘National Trust for Jersey’.  (N.B. It submitted a representation expressing disappointment that the developer has asked for an extension of time and expressing the hope that there will be no dilution of the community benefits offered by the scheme).

 

Signature: 

Position:

Minister for Planning and Environment

Date Signed: 

Date of Decision (If different from Date Signed): 

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