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A decision made (03.05.06) to grant permission for variation of condition 1 for The Living Legend.

Subject:	The Living Legend, La Rue du Petit Aleval, St Peter
Decision Reference:	MD-PE-2006-0165	Exempt clause(s):		n/a
Type of Report (oral or written):	written	Person Giving Report (if oral):		n/a
Telephone or e-mail Meeting?	n/a	Report File ref:		P/2002/2558
Written Report Title:	REQUEST FOR RECONSIDERATION to vary condition No. 1 of permit P/2002/2558 to allow use of go-karts 9:00am - 6:00pm, on any day and evening use for private functions	Written report – Author:		Andy Townsend
Decision(s) Permission is granted on the basis of information submitted in the original application, and on the basis that the karts are electric to the specification submitted. No floodlighting shall be erected, and the facilities shall comply with Noise Rating 30, measured 1 metre from the facade of the nearest affected building. In addition, the Go-kart facility shall only operate between the hours of 09.00 and 18.30. However, for a trial period of 12 months from the date of this Permit, it may be used from 09.00 to 20.00 on up to four days in any period of 7 consecutive days. At the end of that 12 month trial period, the use after 18:30 must cease unless the applicant has submitted a request for a renewal, and that request has been approved.
Reason(s) for decision: Per Permission is granted on the basis of information submitted in the original application, and on the basis that the karts are electric to the specification submitted. No floodlighting shall be erected, and the facilities shall comply with Noise Rating 30, measured 1 metre from the facade of the nearest affected building. In addition, the Go-kart facility shall only operate between the hours of 09.00 and 18.30. However, for a trial period of 12 months from the date of this Permit, it may be used from 09.00 to 20.00 on up to four days in any period of 7 consecutive days. At the end of that 12 month trial period, the use after 18:30 must cease unless the applicant has submitted a request for a renewal, and that request has been approved.
Action required: Applicant to be informed
Signature: (Minister)			Date of Decision: 03.05.06

Living Legend - variation of condition 1 granted for planning permission

Application Number: P/2002/2558

Request for Reconsideration Report

Site Address	The Living Legend, La Rue du Petit Aleval, St. Peter.

Requested by	Mr. G.Clavel	Agent	RIVA ARCHITECTS

Description	Create electronic go-kart facility. Demolish part of creperie structure to accommodate pit stop shelter and entrance kiosk. REQUEST FOR RECONSIDERATION to vary condition No. 1 of permit P/2002/2558 to allow use of go-karts 9:00am - 6:00pm, on any day and evening use for private functions (correction of previous advertisement).

Type	Planning

Original Decision	APPROVED

Conditions	Permission is hereby given on the basis of the information submitted, and on the basis that the karts are electric to the specification submitted. In addition the proposed go kart facility shall only be used between the hours of 0900 and 1830, no floodlighting shall be erected, and the facility shall comply with noise rating NR30 measured 1m from the facade of the nearest affected building. Reason: To ensure that the facility does not result in an unacceptable level of noise and disturbance to adjoining properties or the area. The bank shown around the south east end of the track shall be constructed as shown to a height of 3m and landscaped in accordance with a scheme to be agreed with the Planning and Environment Committee, before the facility is first brought into use. Other than this the site levels shall not be changed. Reason: To ensure a satisfactory appearance and to assist in containing any noise within the facility.

Determined by	Sub Committee Approval

Date	10/12/2002

Zones	COUNTRYSIDE ZONE

Policies	C6 – Countryside Zone TR3 – New or Extended Tourism and Cultural Attractions

Recommendation

Allow use until 8pm on up to 4 nights a week.

Comments on Case	Permission was granted for this development in December 2002. In February 2003 the Planning Sub Committee agreed to alter the approved hours to allow for use until 8pm on any 2 days in a period of 7 consecutive days, on a trial 12 month basis. As the operation only began in May 2005, that period has not yet expired. The current request is that the times allowed be relaxed. Although the general public would only be allowed to use it 9am to 6pm, (within the approved allowance), private functions could use it later into the evening. Whilst no complaints have been received during the trial period, 4 have been submitted since this Request was published in the JEP. These are all attached and note:- - No consultation with neighbours, - Additional traffic pollution, - Humming noise of karts and amplified music and unruly behaviour, causing disturbance, - Litter - Use has sometimes continued beyond midnight. The applicants have responded by a letter of 22 March, and a letter of support has been received from Jersey Hospitality Association, both attached. The Environmental Health Officer has raised no objections. As stated in the previous report of February 2003 the go-karts themselves are very quiet, but not silent, and with private functions there is likely to be noise from spectators. Given the quiet setting of this site and its adjoining neighbours, it is considered reasonable to control the hours of use. At the same time it is understood that this is potentially an excellent facility for the Island, and its viability will to some extent depend upon being able to be used for private functions. The Officers are concerned however at allowing the use into the evening, seven days a week, throughout the months of the year which allow it. The principles and issues remain the same. The objectors raise legitimate issues particularly if the use is to be undertaken 7 days a week without any restriction. With the exception of noting some activity on site until after midnight however, they do not highlight experience of problems with this use during its trial period. Given the arguments for and against the proposals it is concluded that some use should be allowed, but it should be limited. Given the lack of any objection from the Environmental Health Officer, it is considered that it would be unreasonable to at least deny continuation of the approved use to 8pm on any 2 days in 7. Indeed it would be reasonable to consider extending the number of days. It is not recommended however that the hours of use be extended. The use can only operate in daylight and in this location it is considered reasonable that the use finish at a reasonable time.

Recommendation	Allow use until 8pm on up to 4 nights a week.

Reasons	See report above.

Background Papers	1:2500 Site Plan Applicants case 23 February 4 Letters of objection. Applicants response 22 March and attachments. Letter of Support from Jersey Hospitality Association Environmental Health Officers Comments 16 March Original Committee Report 26 November 2002 which explains how the scheme meets the requirements of policy TR3.

Endorsed by		Date