L'Avenir, La Vielle Rue, Grouville: Determination of Planning Application

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A decision made on 13 October 2014:

Decision Reference: MD-PE-2014-0097			Application Number: P/2012/0506 (If applicable)
Decision Summary Title :	L'Avenir, La Vieille Rue, Grouville		Date of Decision Summary:		10 October 2014
Decision Summary Author:	Principal Planner		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)		Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:		Principal Planner
Written Report Title :	P/2012/0506		Date of Written Report:		10 October 2014
Written Report Author:	Principal Planner		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)		Public
Subject: L'Avenir, La Vieille Rue, Grouville, Jersey, JE3 9UL Demolish existing sheds to West. Construct 4 No. dwellings. Model Available. REVISED PLANS: Demolish existing shed and construct 3 No. dwellings. Model Available.
Decision(s): At the Ministerial Meeting of 6th September 2013 the Minister received the Department report and heard comment from the applicant in relation to the subject application. The Minister then deferred his decision, noting that he did not consider there to be a suitable balance in relation to the environmental gains arising from the development proposals in the context of Island Plan policies. The Minister then requested that Officers meet with the applicant to ascertain what changes to the scheme might be needed to reach a satisfactory conclusion, following which, if an amended scheme was forthcoming, he would issue his decision in writing. An amended scheme has now been received which has: Removed the granite shed and introduced an orchard to the south-west of the site; Lowered the height of the central dwelling and reduced the number of bedrooms from 4 to 3; Consolidated the car parking area; Confirmed that infrastructure will be provided to enable immediate neighbours to connect to the mains water supply, with a further group of residents having the opportunity to connect to new mains foul drainage infrastructure. Removed a row of Leylandii trees on the southern boundary of Field 783 to be replaced with indigenous planting of trees and shrubs; Confirmed a financial contribution to the Eastern Cycle Route. The Minister has reviewed the new submission and considers that the information satisfactorily addresses his original concerns. As such, the Minister has resolved to approve the planning application, subject to conditions (as attached) and the prior completion of a Planning Obligation Agreement, which shall provide for: a) A financial contribution of £1000 per unit towards the continued development of the Eastern Cycle Route; b) The provision of mains water infrastructure of sufficient capacity to serve the 6 neighbours to the south of the application site, taken to the common boundary. The neighbours should then have the free and unrestricted opportunity to connect, and obtain a water supply in perpetuity from this infrastructure. How and when the neighbours make that connection would be up to them. The liability for maintaining the infrastructure within the application site would remain with the applicant, and the neighbouring owners would be liable for the infrastructure on their site. c) The provision of the mains foul drainage infrastructure necessary to serve the 6 properties at Boulivot de Bas, taken to the southern edge of Field 781 within the ownership of the applicant. How and when the properties at Boulivot de Bas make the connection, and provide a pumping station, would then be up to them. The connection within Field 781 should be at no cost, and the outlet should be guaranteed in perpetuity. The liability for maintaining the infrastructure within Field 781 would remain with the applicant and the other owners would be liable for their infrastructure on their site. The Minister confirmed that the Director (Development Control) is authorised to grant planning permission under powers delegated to him subject to the prior completion of the planning obligation agreement referred to above. Alternatively, in the event that a suitable planning obligation is not agreed within six months of his being authorised in accordance with this Minister Decision, the Director (Development Control) be authorised to REFUSE the grant of planning permission.
Reason(s) for Decision: Permission has been granted having taken into account the relevant policies of the approved Island Plan, together with other relevant policies and all other material considerations, including the consultations and representations received.
Resource Implications: None
Action required: Notify Agent, Applicant and all other interested parties
Signature: Deputy R C Duhamel		PLeg / AS Initials		Position: Minister for Planning and Environment
Date Signed:				Date of Decision (If different from Date Signed):

L'Avenir, La Vielle Rue, Grouville: Determination of Planning Application

Application Number:	P/2012/0506
Application Address:	L'Avenir, La Vieille Rue, Grouville, JE3 9UL.
Description of Work:	Demolish existing sheds to West. Construct 4 No. dwellings. Model Available. REVISED PLANS: Demolish existing shed and construct 3 No. dwellings. Model Available.

Draft Condition(s) / Reason(s)

Recommendation

APPROVAL

Condition(s)

1. Notwithstanding the indications on the approved plans, prior to the commencement of the development hereby permitted, full details of all external materials to be used to construct the development shall be submitted to and approved by the Minister for Planning and Environment

3. The development hereby permitted shall not be commenced until there has been submitted to and approved in writing by the Minister for Planning and Environment, a scheme of landscaping which shall provide details of the following;

i) all existing trees, hedgerows and other plants, walls, fences and other features which it is proposed to retain on the site and on adjoining land within the same ownership;

ii) the position of all new trees and/or shrubs, this must include the species of plant(s)/tree(s) to be planted, their size, number and spacing and the means to be used to support and protect them;

iii) other landscape treatments to be carried out or features to be created, for example, any excavation works, surfacing treatments, or means of enclosure;

iv) the measures to be taken to protect existing trees and shrubs; and,

v) the arrangements to be made for the maintenance of the landscaped areas.

4. All planting and other operations comprised in the landscaping scheme approved under this permission, shall be carried out and completed in the first planting season following the (commencement of the development) (completion of the development) (the first occupation of the development) (delete as appropriate).

5. Prior to the commencement of development, the levels of potential contaminants in the ground shall be investigated, any risks to human health or the wider environment assessed and mitigation measures proposed in a scheme to be submitted to and approved in writing by the Minister for Planning and Environment. The approved scheme shall be implemented to the satisfaction of the Minister for Planning and Environment and in accordance with the requirements of Supplementary Planning Guidance Planning Advice Note 2 - Development of Potentially Contaminated Land as amended. Any changes to the scheme require the express written consent of the Minister for Planning and Environment.

6. That a Waste Management Completion Report shall be submitted to the Minister for Planning and Environment after the demolition contract has been carried out and agreed in writing prior to the construction contract commencing.

7. Notwithstanding the provisions of the Planning and Building (General Development) (Jersey) Order 2011, or any amendment to or replacement of that order, no works involving the erection of a building, extension, structure, gate, wall, fence or other means of enclosure, tank, or the introduction of any hardstanding to any ground surface, other than those shown on the drawings approved with this permission, is permitted without the prior approval of the Minister for Planning and Environment.

8. INFORMATIVE: No developement approved by this permission shall be commenced until a scheme for the disposal of foul and surface waters has been approved and implemented.

Reason(s)

1. To safeguard the visual amenities of the area , in accordance with Policy GD 7 of the Island Plan, 2011.

3. To ensure that before development proceeds provision is made for a landscaping regime that will enhance the appearance of the development and help to assimilate it into the landscape, in accordance with Policy NE 4 and BE 6/ NE 6/ NE 7 (delete as appropriate) of the Island Plan, 2011.

4. To ensure that the benefits of the approved landscaping scheme are not delayed and consequently make an early contribution to the amenity of the site in the interest of sustaining and enhancing landscape quality, in accordance with Policy NE 4 and BE 6/ NE 6/ NE 7 (delete as appropriate) of the Island Plan, 2011.

5. To ensure the development does not have an unreasonable impact on public health or the wider environment and to accord with Policy GD1 and GD 6 of the Jersey Island Plan, 2011.

6. To ensure that the proposed development complies with condition WM1 of the Approved Island Plan (2002)

Informative

REASON FOR APPROVAL: Permission has been granted having taken into account the relevant policies of the approved Island Plan, together with other relevant policies and all other material considerations, including the consultations and representations received.

The following plan(s) has/have been approved:

J: Location Plan
K: Site Survey
L: Proposed Site Plan
M: North & South Site Sections
N: East & West Elevations
O: Units 1, 2 and 3 Plans, Elevations & Sections
P: Existing Cross Sections & Elevations
Q: Design Statement
R: Waste Management Plan
S: Planning Statement
T: Employment Land Report
U: Landscape - Existing
V: Landscape - Proposed Northern Boundary Hedge
W: Landscape - Proposed Planting Plan
X: Landscape - Hard Landscape Plan