8 Seafield Avenue, St Helier: Approval of request for reconsideration of refusal of planning permission

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A decision made (06.05.2009) to approve a request for reconsideration of refusal of planning permission in relation to 8 Seafield Avenue, St Helier.

Decision Reference: MD-PE-2008-0267			Application Number: P/2007/1737 (If applicable)
Decision Summary Title :	8, Seafield Avenue, St. Helier, JE2 3LZ		Date of Decision Summary:		09/12/08
Decision Summary Author:	Elizabeth Stables		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)		Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	8 Seafield Avenue, St Helier		Date of Written Report:		07/10/08
Written Report Author:	Elizabeth Stables		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)		Public
Subject: 8, Seafield Avenue, St. Helier, JE2 3LZ Remove front wall to widen vehicular access. REQUEST FOR RECONSIDERATION of refusal of planning permission.
Decision(s): The Minister first heard this case at his Ministerial Meeting on 11 April 2008, at which he deferred a decision pending further consultation with the Parish of St Helier and with the Transport and Technical Services Department with regard to road safety issues. After receipt of both of these the case was again presented to the Minister at his meeting on 23 October 2008. Again the decision was deferred, this time pending a site visit by the Minister. The Minister heard the case again in his office on 9 December 2008 and decided to overturn the recommendation and approve the Request for Reconsideration.
Reason(s) for Decision: The Minister’s decision was based on the full facts of the case taken together with the consultation responses from the Parish of St Helier and the Transport and Technical Services Department. No conditions were imposed by the Minister but an informative should be added to the permit referring the applicant to the last point made by T&TS in their letter of 5 August 2008, that replacement of any raised gate pillars is not acceptable as they will obscure visibility to pedestrians on the footway. Additionally kerbs must be dropped to standard specification to allow easy access.
Resource Implications:
Action required: Notify Agent, Applicant and all other interested parties
Signature:		PLeg / PT Initials		Position: Minister for Planning and Environment
Date Signed:				Date of Decision (If different from Date Signed):

8 Seafield Avenue, St Helier: Approval of request for reconsideration of refusal of planning permission

Application Number: P/2007/1737

Request for Reconsideration Report

Site Address	8, Seafield Avenue, St. Helier, JE2 3LZ.

Requested by	Mr. P Le Vaillant & Mrs Karen Ward	Agent	& Mrs Karen Ward

Description	Remove front wall to widen vehicular access. REQUEST FOR RECONSIDERATION of refusal of planning permission.

Type	Planning

Original Decision	REFUSED

Conditions
Reasons	1. Removal of this front garden wall, which is an important original feature of this 1930 estate, would be detrimental to the property and to the street scene. 2. Parking for one vehicle is already possible in the front garden area, but removal of the wall would result in the loss of a valuable on-street parking space which could be used by other residents with no off-street facility. 3. The front garden area is of inadequate length to allow the front door to be accessible without the parked vehicle infront of it overhanging the pavement, thereby causing obstruction of the public highway. 4. The applicant has failed to demonstrate how adequate visibility eastwards can be achieved to enable safe aggress from the site.

Determined by	Delegated Refusal

Date	18/10/2007

Zones	Built-Up Area

Policies	G2(viii) – General Development Considerations BE13 – Frontage parking

Recommendation

Maintain Refusal

Comments on Case	The Minister will recall that this application, and a similar one for a neighbouring property at 12 Seafield Avenue, came before him at his meeting on 11 April 2008 at which he was minded to approve subject to being satisfied that there were no significant highway safety implications, and asked for the Parish to be re-consulted, and for the Transport and Technical services Department to be asked to comment on the cases. A copy of the report to the Minister and respective minute is attached. Two letters have been sent from the parish, regarding this property and 12 Seafield Avenue, dated 13 May and 30 May in which they confirm their objection. The latter refers solely to concerns over vehicular and pedestrian safety on exiting the sites. These letters are attached in full to the report for 12 Seafield Avenue. The Transport and Technical services Department have replied in detail on the question of highway safety. Their conclusion is that in this road, which is one way with speed humps, the low usage and slow vehicle speeds make it inappropriate to base assessments on guidelines designed for standard roads. In both cases they do not find that there would be any decrease in safety, and in fact for no. 8 believe there would be an improvement due to the displacement of roadside parking. This report is attached to the item on no. 12 also. No further submissions have been made by the applicant

Recommendation	Maintain Refusal

Reasons	As above

Background Papers	1:2500 Site Plan Photos of site and neighbouring properties Previous report to meeting of 11 April 2008 Letters from the Parish of St Helier dated 13 and 30 May 2008 Letters from applicant dated 10 and 12 June 2008

Endorsed by		Date